Europe Regulatory News

On 27 February 2024, the European Parliament approved revised EU procedures and control measures for waste shipments. The agreed regulation implements stricter measures to protect human health and the...

On 27 February 2024, the European Parliament approved revised EU procedures and control measures for waste shipments. The agreed regulation implements stricter measures to protect human health and the environment, while contributing to the EU’s climate neutrality, circular economy and zero pollution goals.  

Some background  

The rationale behind the adoption of this regulation stems from the significant increase in global waste trade, which reached 182 million tonnes in 2018, valued at approximately EUR 80.5 billion. This trade has witnessed substantial growth over the last decades, peaking at nearly 250 million tonnes in 2011. Within the EU, there has been a notable increase in waste exports to non-EU countries, totalling around 32.7 million tonnes in 2020, an increase of 75% since 2004 and a value of EUR 13 billion. The majority of exported waste consists of ferrous and non-ferrous metal scrap, paper waste, plastic waste, textile waste, and glass waste. Additionally, the EU imported approximately 16 million tonnes of waste worth EUR 13.5 billion. Moreover, intra-EU shipments of waste amount to around 67 million tonnes per year.  

While cross-border shipments of waste offer economic benefits as secondary raw materials that support the transition to a circular economy, they also pose risks to human health and the environment if not adequately regulated. Thus, the updated regulations aim to address these challenges while harnessing the economic potential of waste materials in a sustainable manner. 

Key Highlights 

Stricter Controls: The endorsed deal with the Council aims to improve the protection of the environment and human health while contributing to the EU's circular economy and zero- pollution goals. 

Export Restrictions: Exports of plastic waste to non-OECD countries will be prohibited within two and a half years after the regulation's entry into force, with stricter conditions for exports to OECD countries. 

Digitalisation of Information Exchange: The exchange of information and data on waste shipments within the EU will be digitalized through a central electronic hub, enhancing reporting and transparency. 

Enforcement Group: An enforcement group will be established to facilitate cooperation between EU countries and improve efforts to prevent and detect illegal waste shipments. 

The proposed revisions set out procedures and control measures based on various factors such as waste origin, destination, transport route, and treatment type. The adoption of this revision aligns with citizens' expectations that the EU will raise environmental standards for waste shipments and enforce stricter controls and sanctions to combat illegal exports. 

Next Steps: 

Following the final vote in plenary, formal endorsement by the Council is required before the text is published in the EU Official Journal. 

This significant development underlines the EU's commitment to promoting sustainability and environmental protection.

The European Chemicals Agency (ECHA) is seeking feedback from stakeholders on the draft risk management evaluation for chlorpyrifos, a pesticide proposed for listing as persistent organic pollutant (P...

The European Chemicals Agency (ECHA) is seeking feedback from stakeholders on the draft risk management evaluation for chlorpyrifos, a pesticide proposed for listing as persistent organic pollutant (POP) under the Stockholm Convention. Interested parties are invited to submit comments by 8 May 2024.

Chlorpyrifos

Chlorpyrifos, an organophosphate pesticide widely used as an agricultural insecticide and as a biocide to control non-agricultural pests, is under international scrutiny due to its potential adverse effects on human health and the environment. It is used globally, although 15 countries plus the EU have completely banned its use of chlorpyrifos, and reviews are ongoing in other countries. Major production centres include China, India, Brazil, the US and the EU.

Stockholm Convention

The Stockholm Convention, a global treaty aimed at protecting human health and the environment from the effects of 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. 

At its nineteenth meeting in October 2023, the Persistent Organic Pollutants Review Committee (POPRC) 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.

Review and Comment

To access the Risk Management Evaluation document and provide valuable feedback, interested stakeholder are encouraged to visit the designated webpage here.

On 26 February 2024, the Swedish Chemicals Agency (KEMI) announced the latest update of its PRIO tool. The update extends the tool's criteria to include the new hazard classes in the latest update...

On 26 February 2024, the Swedish Chemicals Agency (KEMI) announced the latest update of its PRIO tool. The update extends the tool's criteria to include the new hazard classes in the latest update of the EU Regulation for Classification, Labelling and Packaging of Chemical Substances and Mixtures (CLP Regulation). The PRIO tool is a valuable resource to help manufacturers and purchasers identify substances to avoid.

The PRIO tool

The web-based PRIO tool is based on a database containing more than 16,500 hazardous substances. The database lists chemical substances with properties that are hazardous to human health and the environment. For example, it contains nearly 11,000 per- and polyfluoroalkyl substances (PFAS). PRIO serves is an important resource for identifying substances that are harmful to health or the environment. While it is not legally required to be used, it’s designed for companies that want to go beyond existing regulatory standards.

The PRIO tool contains criteria for evaluating the health or environmental hazards of substances, based on Sweden's environmental quality objectives, EU chemicals legislation, and international conventions.

Latest updates to PRIO

The latest updates to PRIO introduce two new criteria and update three existing criteria in line with the latest hazard classifications in the CLP Regulation. The two new criteria are:

• PMT (persistent, mobile, toxic) / vPvM (very persistent, very mobile)

• ED HH2 (suspected of causing endocrine disruption in humans) / ED ENV2 (suspected of causing endocrine disruption in the environment)

The following existing criteria descriptions have been updated:

• PBT (persistent, bioaccumulative, toxic) / vPvB (very persistent, very bioaccumulative)

• Suspected PBT/vPvB

• Endocrine disruptors for human health and environment.

For more information and to access to the PRIO tool, please visit the Swedish Chemicals Agency website here.

In response to growing concerns about toy safety, the European Parliament has backed tougher rules to protect children from potential dangers posed by toys. The new rules, adopted with overwhelming su...

In response to growing concerns about toy safety, the European Parliament has backed tougher rules to protect children from potential dangers posed by toys. The new rules, adopted with overwhelming support on 13 March 2024, introduce significant measures to reduce the risks associated with harmful chemicals and digital toys. With an alarming increase in toy-related hazards, including the presence of endocrine disruptors and other toxic substances, the legislation emphasises banning on the most harmful chemicals to ensure the well-being of young consumers.

Focus on health and compliance

The revised rules prioritise children's health and development by extending existing bans on substances that are carcinogenic, mutagenic toxic for reproduction (CMRs) to chemicals that are particularly harmful to children, such as endocrine disrupters and chemicals that affect the respiratory system. The rules also target chemicals that are toxic to specific organs or are persistent, bio-accumulative and toxic (PBT), as well as per- and polyfluoroalkyl substances (PFAS).

In addition, strict safety standards are implemented for digital toys. Recognising the evolving landscape of toy manufacturing and distribution, the legislation emphasises the need for compliance with safety, security, and privacy standards by design. Furthermore, the requirement for a digital product passport aims to improve traceability and facilitate market surveillance, ultimately giving consumers access to vital safety information.

Toys must also comply with recently updated General Product Safety rules, for example,  online sales, accident reporting, consumer rights to information and remedy.

Some background

Before toys can be sold on the EU market, manufacturers must carry out comprehensive safety assessments covering a range of hazards such as chemical, physical, mechanical, electrical, flammability, hygiene, and radioactivity risks. Although the EU market is one of the safest markets in the world, dangerous toys still reach consumers. The EU Safety Gate, which acts as a rapid alert system for dangerous consumer products, reported that toys are the most frequently notified product category, accounting for 23% of all notifications in 2022 and 20% in 2021. These statistics underline the ongoing challenges in ensuring toy safety and highlight the urgent need for robust regulatory action to address the ongoing risks in the industry.

Next steps

The new rules will be followed up by the new Parliament after the European elections on 6-9 June 2024.

On 11 March 2024, the European Parliament and the Council reached a ground-breaking provisional agreement on reformed rules aimed to improve the sustainability and safety of packaging and promote a ci...

On 11 March 2024, the European Parliament and the Council reached a ground-breaking provisional agreement on reformed rules aimed to improve the sustainability and safety of packaging and promote a circular economy. 

Background: 

In 2018, packaging turnover of in the EU reached € 355 billion, making a significant contribution to the economy. However, the increase in packaging waste, from 66 million tonnes in 2009 to 84 million tonnes in 2021, required strategic measures. Each European generated 188.7 kg of packaging waste in 2021, a figure that is projected to rise to 209 kg in 2030 without intervention. 

Key Measures: 

• Packaging Reduction Targets: 

The agreement sets ambitious reduction targets, particularly for plastic packaging waste. 

• Ban on Certain Single-Use Plastics: 

From 1 January 2030, certain single-use plastic packaging formats will be banned, including those for fresh produce, foods and beverages in cafes/restaurants, and individual portions. 

• Ban on "Forever Chemicals": 

To ensure health and safety, the agreement introduces a ban on the use of "forever chemicals" (PFAS) in food contact packaging. 

• Reusable Packaging Targets: 

A specific target for reusable packaging for beverages (excluding milk, wine, etc.) is set at a minimum of 10% by 2030, with the possibility for Member States to grant derogations under certain conditions. 

• Consumer Options for Reusable Containers: 

Final distributors of beverages and take-away food must offer consumers the option of using their own containers. By 2030, they must aim to offer 10% of products in a reusable packaging format. 

• Incentives for Tap Water and Recycling: 

Member States must encourage restaurants, canteens, bars, cafés, and catering services to serve tap water in a reusable or refillable format. 

• Recyclable Packaging and Waste Collection: 

The agreement mandates that all packaging to be recyclable, with specific criteria defined through secondary legislation. Exceptions are made for certain materials such as wood, cork, textiles, rubber, ceramics, porcelain, or wax. 

Other measures include minimum recycled content targets for plastic parts, increased recyclability requirements, and a commitment to separately collect 90% of single-use plastic and metal beverage containers by 2029. 

Next Steps: 

The agreement must be formally approved by the European Parliament and the Council before it can come into force. 

This remarkable agreement represents a significant step towards a sustainable and circular approach to packaging in the EU.  

On 13 March 2024, the European Chemicals Agency (ECHA) published on its official website the next steps in the evaluation of the proposal to restrict per- and polyfluoroalkyl substances (PFAS).   ...

On 13 March 2024, the European Chemicals Agency (ECHA) published on its official website the next steps in the evaluation of the proposal to restrict per- and polyfluoroalkyl substances (PFAS).

Outcome of the public consultation

Following the public consultation on the PFAS restriction dossier, submitted jointly by Germany, Denmark, the Netherlands, Norway, and Sweden, where a record-breaking 5642 comments were received between March and September 2023. Following a thorough initial review by both the submitting authorities ECHA, the comments will now undergo sector-specific processing by ECHA's Scientific Committees, namely the Committee for Risk Assessment (RAC) and the Committee for Socio-Economic Analysis (SEAC), in addition to review by the dossier submitters. The submitting countries will use the feedback to revise the original restriction report, which will serve as the basis for the Committees' opinion, together with the comments.

Upcoming Committee meetings

The upcoming RAC and SEAC Committee meetings will address the following topics and sectors:

March 2024 Meetings:

• Consumer mixtures, cosmetics, and ski wax

• Hazard properties of PFAS (RAC only)

• General approach (SEAC only)

June 2024 Meetings:

• Metal coating and manufacturing of metal products

• Additional discussion on hazard properties (RAC only)

September 2024 Meetings:

• Textiles, upholstery, leather, apparel, carpets (TULAC)

• Food contact materials and packaging

• Petroleum and mining

ECHA will continue to provide updates on the timetable and planned discussions in the committees as work progresses. Information releases will be timed to coincide with the committee meetings.

Next steps

Once the ECHA Committees have finalised their opinions, the European Commission together with the EU Member States will decide on the restriction.

In a significant step towards environmental protection, the European Union published Regulation (EU) 2024/590 on Substances that Deplete the Ozone Layer in the Official Journal of the European Union o...

In a significant step towards environmental protection, the European Union published Regulation (EU) 2024/590 on Substances that Deplete the Ozone Layer in the Official Journal of the European Union on 20 February 2024. This Regulation which aims to limit emission of substances that deplete the ozone layer, will enter into force on 11 March 2024 and will repeal the existing Regulation (EC) No 1005/2009. The new regulation is a key step in protecting the Earth's stratospheric ozone layer, which is crucial for protecting the planet from harmful UV radiation.

Tackling Twin Threats: Ozone Depletion and Greenhouse Gas Emissions

Ozone-depleting substances (ODS) not only contribute to the formation of the so-called 'hole in the ozone layer', but also play a significant role in increasing greenhouse gas emissions. When these man-made chemicals reach the upper atmosphere they deplete the ozone layer, causing adverse effects on human health, ecosystems, as well as significant financial costs.

Prohibitions and Exemptions

The new Regulation lays down comprehensive rules covering the entire life cycle of ODS. It prohibits the production, import, export, placing on the market, storage, and subsequent supply of the substances listed in Annex I to the Regulation. It also addresses the critical aspects of their use, recovery, recycling, reclamation, and destruction, emphasising responsible practices throughout the supply chain. The legislation also requires detailed reporting of information on ozone-depleting substances.

The Regulation allows exemptions for the following purposes:

• Feedstock i.e. any ozone-depleting substance that undergoes chemical transformation in a process in which it is completely converted from its original composition and whose emissions are insignificant.

• Process agents i.e. any ozone-depleting substance used as chemical process agents in the applications listed in Annex III to the Regulation.

• Essential laboratory and analytical uses

• Critical uses of halons e.g. fire extinguishers on military vehicles.

• Emergency use of methyl bromide when unexpected outbreaks of certain pests or diseases requires it.

A Step Towards a Greener Future: Regulation in Line with European Green Deal

The adopted regulation, part of the Emissions and Pollutants Package, is aligned with the European Green Deal (2019), reflecting the EU's commitment to environmental sustainability.

A thorough Regulatory Fitness and Performance (REFIT) evaluation by the European Commission found that the previous regulation, Regulation (EC) No 1005/2009, was generally fit for purpose, but that improvements were needed to better align it with evolving environmental objectives.

The legislative process involving the European Parliament, the Council of the European Union, and the European Commission, culminated in the adoption of the new Regulation on 7 February 2024, marking a decisive step towards a greener and more sustainable future for the European Union.

The full text of the Regulation can be accessed here.