A groundbreaking proposal to establish strict criteria and lists for chemicals of concern in plastics was launched by Norway, the Cook Islands and Rwanda ahead of INC-4 (the fourth session of the Intergovernmental Negotiating Committee to develop an international legally binding instrument on plastic pollution) in Canada in April 2024. This initiative aims to improve global environmental and health safety standards by addressing the full life cycle of plastics, including the chemicals they contain.

Since 2022, the UN has been negotiating a legally binding international treaty to address plastic pollution have been underway at the United Nations (UN). This initiative aims to establish global rules and measures for a circular economy, with a focus on reducing the production and use of plastics, promoting reuse models and redesigning plastic packaging throughout its lifecycle. Priority will be given to addressing plastic packaging, which is a significant contributor to plastic waste. The negotiations, initiated in November 2022 under the Intergovernmental Negotiating Committee (INC), are expected to be concluded by November/December 2024 at INC-5 in Korea.

Background on the Initiative

Given the urgent need to address hazardous chemicals in plastics, the proposed initiative builds on current global efforts to enhance environmental and health safety standards. Current global chemical regulations cover only a limited range of substances, leaving many hazardous chemicals commonly found in plastics unregulated. This oversight persists despite the known risks these chemicals pose to both human health and the environment. To address these concerns, INC members have agreed on the need for a new international legally binding instrument that would enforce stricter control measures and promote sustainable production and consumption of plastics throughout its lifecycle.

The Proposed Approach

The proposal advocates a two-pronged approach to address these risks:

1. Immediate Restrictions: Chemicals already recognized as harmful and restricted in different jurisdictions would be controlled under this new global framework.

2. Generic Risk Management: A broader regulatory approach would be implemented, focusing on chemicals that pose an intrinsic risk to health or the environment, regardless of the level of exposure.

Criteria for Identifying Chemicals

The proposal sets out specific criteria based on the Globally Harmonized System of Classification and Labelling of Chemicals (GHS). These criteria include carcinogenicity, mutagenicity, reproductive toxicity, chronic organ toxicity and endocrine disruption properties. Additionally, persistence, bioaccumulation, and environmental toxicity are key factors for identifying high-risk chemicals.

Draft Lists for Regulatory Action

Two draft lists were proposed:

- List 1: Chemicals for elimination due to their high risk profile and existing regulations in several countries. The list includes:

• Phthalates (DEHP, DBP, BBP, DIBP).

• Bisphenols (BPA).

• Alkylphenols (nonylphenol,4-tert-octylphenol),

• Flame retardants (TCEP).

• Metals/metal compounds (cadmium, lead, and their compounds).

- List 2: Chemicals to be minimized and closely monitored due to their hazardous nature. The list includes:

• Phthalates (DIDP, DNOP, DCHP, DINP, DIPP, DnHP (DHP), DPP, DPENP, DHEXP, PIPP, BMEP, DNUHP, DIHP, DPP(x)).

• Bisphenols (BPB, BPC, BPF, BPS, BPZ).

• UV-stabilizers (UV-320, UV-327, UV-350 Chimassorb 944, Tinuvin 770, BP-39).

• PFASs (GenX,, PFHxA,, ANDONA)

• Alkylphenols (2-(benzotriazol-2-yl)-4,6-ditert-butylphenol; 2,4-ditert-butyl-6-(5-chlorobenzotriazol-2-yl) phenol; 2,4,6-tritert-butylphenol)

• Flame retardants (brominated, chlorinated and organophosphorous).

• Metals, metalloids and metal compounds (antimony, arsenic, chromium, cobalt, molybdenum, tin)

These lists are compiled from a variety of sources, including the latest scientific databases and expert consultations, and are subject to further review and revision.

This proposal was discussed at the recent INC-4 conference, where it was evaluated alongside existing country-led initiatives. The aim was to finalize these lists as part of the new regulatory framework, thereby closing the gap between the limited number of globally regulated chemicals and the large number of unregulated chemicals currently used in plastics.

This proactive approach not only aims to protect human health and the environment, but also supports a safer, more sustainable circular economy for plastics. Further regulatory developments are expected as more countries contribute their assessments and scientific understanding evolves.

On 25 October 2023, the Persistent Organic Pollutants Review Committee (POPRC) of the Stockholm Convention, issued a call for information on a number of proposed persistent organic pollutants (POPs) in advance of its upcoming meeting in September 2024. The POPRC is seeking information on chlorpyrifos, medium-chain chlorinated paraffins (MCCPs) and long-chain perfluorocarboxylic acids (LC-PFCAs).

Stockholm Convention

The Stockholm Convention is a global treaty that aims to protect human health and the environment from the effects of Persistent Organic Pollutants (POPs), which are substances that persist in the environment, accumulate in living organisms and pose a risk to human health and the environment. 

POPs can be transported across international borders by air, water or by migratory species, reaching regions where they have never been produced or used. The substances listed in the Convention are generally banned from production, marketing or use, unless specific exemptions or acceptable purposes for continued use are agreed. 

Parties to the Convention may propose a substance for listing if they have gathered evidence suggesting that it may be a POP. The technical scientific committee of the Stockholm Convention (POPRC) will then review and further develop the evidence that the substance has POP characteristics. 

If there is evidence that a substance has POP characteristics, the POPRC then considers the social and economic impacts of banning or restricting that substance and makes recommendations to the Conference of the Parties of the Stockholm Convention, which meets every two years. 

Medium-chain chlorinated paraffins

Chlorinated paraffins are used as plasticisers for polyvinyl chloride, as extreme pressure additives in metal-machining fluids, as additives to paints, coatings, and sealants to improve their resistance to chemicals and to water, and as flame retardants in plastics, fabrics, paints, and coatings.

Medium-chain chlorinated paraffins (MCCPs) were recommended for listing as POPs under the Stockholm Convention at the 19^th meeting of the POPRC (POPRC-19) in October 2023. The Committee decided to recommend that the Conference of the Parties to consider listing chlorinated paraffins with carbon chain lengths in the range C14–17 and chlorination levels of 45 % chlorine or more by weight in Annex A to the Convention with specific exemptions for some applications.

The Committee has invited Parties and observers to provide information that would assist it in possibly strengthening of the recommendations. The deadline for submissions is 24 January 2024 and the information submission forms for MCCPs can be found here.

In particular, the POPRC is specifically asking for the following:

• Information to enable the specification of the chemical identity.

• Information to enable the determination of concentration limits.

• Any other information, including information on the applications relating to specific exemptions.

Long-chain perfluorocarboxylic acids

Long-chain perfluorocarboxylic acids (LC-PFCAs), their salts and precursors have water, oil, dirt and grease repellent properties and are used in a wide range of products, including personal care products, cleaning products, and surface treatments for textiles, upholstery, leather, automotive parts, carpets and paper products, and packaging. They belong to the group of per- and polyfluorinated substances (PFAS). 

The POPRC has adopted the Risk Management Evaluation of LC-PFCAs, their salts, and related compounds, and recommended that the substances be listed for elimination in Annex A to the Stockholm Convention. The Committee invited Parties and observers to provide information that would assist in the possible definition of specific exemptions for the production and use of LC-PFCAs, their salts and related compounds. The deadline for comments is 24 January 2024 and the information submission forms for LC-PFCAs can be found here.

Chlorpyrifos

Chlorpyrifos is an organophosphate pesticide widely used as an agricultural insecticide and as a biocide to control non-agricultural pests. After completing a risk profile for chlorpyrifos, the POPRC has adopted a risk profile and decided that chlorpyrifos is likely to cause significant adverse human health and environmental effects, as a result of its long-range environmental transport and that global action is therefore warranted.

The Committee has requested additional information on the socio-economic considerations for chlorpyrifos to support the preparation of a risk management evaluation as specified in Annex F of the Stockholm Convention. The deadline is 1 December 2023.