Ref. Ares(2019)7727812 - 16/12/
Ref. Ares(2022)110688 - 07/01/2022 2019
To:
SADAUSKAS Kestutis (ENV);
(ENV);
(ENV);
(ENV);
(ENV);
(ENV);
(SANTE);
(ENV);
(ENV)
Cc:
(EASME);
(ENV)
Subject:
Flash Report - expert meeting on the SUP plastic definition
Attachments:
PresentationECHA.pptx; List of participants.xlsx
Subject:
Meeting with ECHA, industry experts and NGOs on the plastic definition in the SUP
Directive (Directive (EU) 2019/904)
Date:
13 December 2019
I.
DG ENV (B,3) had organised this meeting with the colleagues in ECHA as well as representatives
and experts from EDANA, Lenzing, Eastman, Kaneka and RWDC to discuss the different elements
in the definition of plastic contained in article 3 of the Directive of single use plastic and fishing
gear (Directive 2019/904). Industry has in recent months sent a large number of position paper
and scientific analysis to the Commission on this issue. From the Commission side, also
colleagues from ENV B.1, B.2 and SANTE attended the meeting (see attendance list in
attachment). The meeting was expected to provide a better understanding of the different
terms, which will be covered by the SUP Guidance that should be published by COM in the
summer of 2020. The meeting was scheduled around the three main elements that provide the
basis of the exemption from the plastic definition:
1. Natural polymer
2. (Not) chemically modified
3. Main structural component of the product
ECHA presented its views on the definition, with references to REACH Regulation and the Guidance
developed by ECHA, in particular the 2012 Guidance on Polymers, and Annex V Guidance (see
presentation in attachment). ECHA takes a cautionary approach, with a strict interpretation of ‘natural
polymer’ and ‘chemical modification’ (considering the entire process, not only the end result); industry
seeks a more flexible approach, which would result in excluding a number of man-made polymers from
the plastic definition. However, there are also differences between industry actors, in particular as
regards ‘regenerated cellulose’ (Eastman supports a more strict interpretation, with only exemption for
lyocell in wet wipes, whereas Lenzing favours a more flexible interpretation with exemptions also for
viscose, cellulose acetate and modal).
II.
During the
discussion, the following points were raised:
1.
Natura polymer:
-
(marine ) Biodegradability of the end material (references were also made to the work ECHA
has been doing on the restriction of micro plastics)
-
Natural processes (such as fermentation) mimicked in laboratories, e.g. PHA to be
considered natural polymer?
-
Innovation in material substitution (next generation of materials)
2.
Chemical modification:
-
Need to consider the degree of polymerisation (to distinguish from natural processes where
the cellular mass is modified)
-
Covalent bonding (viscose) vs hydrogen bonding (lyocell)
-
Changing cristalinity of the structure
-
The way in which the polymer chains interact/ shortening the chain length of polymers (in
case of changing from cellulose 1 to cellulose 2).
-
Need to avoid changing the polymeric backbone of the material
-
Use of chemicals in extraction process
3.
Main structural component:
- description provided in food contact legislation (‘polymer capable of forming plastic
component’)
- exemption for adhesives, inks and paints
III.
Follow-up:
-
Contractor of the SUP support study to draft official minutes of the meeting, to be reviewed
by COM and shared with relevant stakeholders, together with ECHA presentation;
-
ENV B.3 to send an official request for ECHA assistance in this process (part of the SUP
Guidelines, due for July 2020);
-
ECHA to consider developing a list of natural polymers exempted from the plastic definition
in the Directive (list subject to periodic review);
-
Next discussion with stakeholders in March (2nd workshop on the SUP Guidelines).
European Commission
Directorate-General for Environment
B3 - Waste Management & Secondary Materials
Avenue de Beaulieu 9 – 5
B-1049 Brussels/Belgium
Tel : +32
@ec.europa.eu
Website: http://ec.europa.eu/environment
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