European Union Sustainability Outlook

After the summer recess, the proposal for a Packaging and Packaging Waste Regulation was the subject of intensive negotiations in the EU Parliament and the Council. Both institutions want to introduce significant changes to the EU Commission’s proposal. From the Parliament’s perspective, implementation of a recycled content credit system turned out to be the most contentious amendment. The solution was thought to allow producers of plastic packaging to meet recycled content targets by purchasing credits from entities that exceed the required targets – but was eventually rejected by shadow rapporteurs. The vote on the proposal in the Environmental Committee of the EU Parliament to place on October 24, just under a month before the plenary session vote planned for November 20. The Environment Council will deliberate on the proposal on December 18. Waste Framework Directive – Rapporteur Proposes Extension of Its Scope The EU Commission adopted its proposal for revision of the Waste Framework Directive in July. The revision focuses primarily on the EU’s growing textile waste problem and its ineffective waste management practices. The proposal introduces a mandatory Extended Producer Responsibility (EPR) scheme, designed to make producers responsible for the costs of end-of-life management of textile products, apparel, clothing accessories and footwear they place on the market. The proposal is currently under examination in the EU Parliament and by the Council. The work of both co-legislators is progressing at a fairly rapid pace. The draft report of the file’s rapporteur of the Environmental Committee has already been made available; the document suggests extending the future rules to two more product categories – mattresses and carpets – whose waste is likely to end up being incinerated. The committee is tentatively scheduled to vote on the draft report and amendments on February 14, with voting on the plenary session of the EU Parliament slated for March 11. The proposal will be subject to the deliberations of the Agriculture and Fisheries Council, which will take place between October 23 and 24. EU Commission Adopts Restriction on Intentionally Added Microplastics – The Act Is Now Published The EU Commission regulation restricting – under Registration, Evaluation, Authorization and Restriction of Chemicals (REACH) – microplastics intentionally added to products, was published in the Official Journal of the EU on September 27, and its provisions entered into force on October 17. The proposal prohibits placing on the market microplastics as substances on their own, or in mixtures, added to obtain the desired characteristics of product. Microplastics in certain applications will be exempted from the restriction, but their suppliers might be subject to certain reporting and information obligations. Restriction will not apply, for instance, to microplastics for use at industrial sites. Nevertheless, specific entities handling these microplastics will be obligated in the future to (i) provide guidelines to industrial users on preventing microplastics release and (ii) submit annual reports to the European Chemical Agency (ECHA) concerning pellet losses, both on-site and during transport. The ban’s transition periods will vary depending on the application of the microplastics, with the timeframes ranging from four years for rinse-off cosmetics to as long as 12 years for makeup products, all counted from the proposal’s entry into force. Environment 2 EU Commission Adopts Delayed and Reduced Proposal on Unintentional Release of Microplastics On October 16, the EU Commission adopted the proposal for a regulation on preventing plastic pellet losses to reduce microplastic pollution. The act was originally intended to have much broader scope and to also target, in addition to plastic pellets, tires and synthetic textiles. Its scope was scaled down as negotiating such an extensive dossier before the upcoming parliamentary elections would have posed significant challenges. The limited proposal will target handling of plastic pellets at all stages of the supply chain. The regulation will apply to (i) operators of installations handling over five tons of plastic pellets, as well as (ii) carriers of plastic pellets, with varying obligations for EU and non-EU carriers. As a general principle, both operators and carriers will be required to avoid pellet losses. Operators will need to establish a risk assessment plan for each of their installations. Micro and small enterprises will be allowed to self-declare conformity with this obligation to the authorities – an exemption that also extends to medium and large enterprises handling less than 1,000 tons of plastic pellets annually. Other entities will be obliged to obtain third-party certification. Member states will be obliged to ensure that individuals are allowed to claim and obtain compensation for “damage to human health which occurred as a result of an infringement of this regulation”. The proposal specifies that the new requirements, with limited exceptions, will be applicable 18 months after the regulation’s entry into force. The dossier will then be forwarded to the EU Parliament and the Council for further legislative deliber