Regulatory Affairs (WG REGA)
The final vote in the EP plenary on the ‘Marine pollution and the reduction of single-use plastics’ is envisaged for March 2019. The new directive includes biodegradable/compostable plastics under its scope. There are no exemptions planned for such materials. However, there are several recitals and articles in the document that might allow exemptions during the transposition phase (2019-2021) of this directive into national law. WG Regulatory Affairs (WG REGA) elaborated recommendations summing up the corresponding text parts and sketching a rough narrative that would need to be adapted for national lobbying efforts in the Member States. The recommendation document is not intended for publication but serves as guideline. As national committees already started to meet to discuss adaptation of the Directive, lobbying in the Member States should be taken up rather immediately. Three more important initiatives all spearheaded by DG Environment are: 1.) The implementing Act for marking of biodegradable plastic carrier bags: The responsible committee so far drafted a new mark and discussed this draft in two meetings with representatives of the member States. The problem with the envisaged approach is that no clear connection to independent third party certification is demanded and that ‘voluntary reporting’ might result in decreased verifiability as well as increased misuse of markings. What is more, existing markings, such as the Seedling, have not been taken into account. Last but not least, the draft marking contained discriminatory elements such as the slogan ‘do not litter ‘ as part of the logo that should apply to all packaging and not only to biodegradable plastics. EUBP is involved in the stakeholder process and is preparing further input with the members active in certification sector. Not least do to our first intervention, the current approach will be intensely revised, as we were informed. 2.) The revision of the Packaging Directive's essential requirements: The process has just started with a workshop on 11 March. EUBP is drafting a position and potential amendment suggestions based on the outcome of the workshop. The process is organised by UK-based cosultancy Eunomia and DG Environment. 3.) The preparation of guidelines for the eco-modulation of EPR fees: This process is moving parallel to the revision of the essential requirements and will also be covered in the workshop of 11 March. The position for the requirements will also feature input on eco-modulation of EPR fees. Also here Eunomia is DG Environment’s corresponding consultancy. WG REGA invited EC-representative Leonardo Mazza (DG Environment) to its February meeting and received an update on the implementing act, the revision and the guidelines. During the discussion of these initiatives, Mr Mazza also shared that the Commission had tasked UK-based consultancy Eunomia with a further study on the ‘Relevance of biodegradable plastics in a circular economy’, which was just internally kicked-off and will be finalised by end of 2019. A stakeholder consultation (2 workshops and a questionnaire mailing) will be started soon. This study will probably be the basis for defining criteria when a plastic should be compostable (as demanded in the Plastics Strategy) and further look into the topics home composting and AD. EUBP will engage in the process and keep you updated about any participation opportunities. In late 2018 and early 2019, the Commission published two more important documents: The state of play of the Circular Economy Package / Action Plan as well as a study by DG Research on ‘A circular economy for plastics – Insights from research and innovation to inform policy and funding decisions’ (chapters 4 and 9 most relevant). WG REGA: the last WG REGA meeting took place on 19 March in Brussels. For detailed information on the work of the WG Regulatory Affairs, please contact Kristy-Barbara Lange (lange@european-bioplastics.org).
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