One of the main challenges related to waste management is seen as promoting recycling while making sure consumers are protected from toxic substances which can be found in waste. While the Waste Framework Directive promotes recycling through the waste hierarchy and binding targets, the REACH Regulation regulates chemicals contained in products, with the aim of protecting consumer health and the environment. Although the REACH Regulation does not apply to waste, it applies to materials leaving the waste regime after recycling (reaching 'end-of-waste' status), with some exemptions from registration granted to recyclers.

As part of its 'circular economy' package, the European Commission presented in December 2015 an action plan for the circular economy. In the action plan, the Commission indicated it would develop its analysis on the right course of action to be taken at EU level to address the presence of substances of concern, limit unnecessary burden for recyclers and facilitate the traceability and risk management of chemicals in the recycling process. The Commission pledged to propose options for action to overcome unnecessary barriers while preserving a high level of protection of human health and the environment.

On 16 January 2018, the European Commission published a communication on options to address the interface between chemical, product and waste legislation. The communication identified four issues and announced actions to address them. The four identified issues and planned actions can be summarised as follows:

• Issue 1: information on presence of substances of concern is not readily available to those who handle waste and prepare it for recovery. Planned action: the Commission intends to launch a feasibility study on the use of different information systems, innovative tracing technologies and strategies; the study is expected to be completed by the end of 2019.
• Issue 2: waste may contain substances that are no longer allowed in new products. Planned action: the Commission intends to develop, by mid-2019, a specific decision-making methodology to support decisions on the recyclability of waste containing substances of concern.
• Issue 3: EU rules on end-of-waste are not fully harmonised, making it uncertain how waste becomes a new material and product. Planned action: the Commission intends to facilitate closer cooperation between existing chemical and waste management expert networks and to prepare an on-line EU repository for all adopted national and EU end-of-waste and by-product criteria.
• Issue 4: rules to decide which wastes and chemicals are hazardous are not well aligned and this affects the uptake of secondary raw materials. Planned action: the Commission is about to publish a guidance document on waste classification to assist waste operators and competent authorities to have a common approach to waste characterisation and classification.

In its resolution of 13 September 2018 on options to address the interface between chemical, product and waste legislation, the European Parliament stressed that the primary aim of the Commission should be to prevent hazardous chemicals from entering the material cycle and that recycling should not justify the perpetuation of the use of hazardous legacy substances. It called on the Commission, Member States and the European Chemicals Agency to ensure that by 2020 all relevant substances of very high concern, including endocrine disruptors and sensitisers, are identified as such under REACH, and to  promote more actively the substitution of substances of very high concern. Parliament also underlined that transparency on the presence of substances of concern in consumer products has to be improved in order to establish public trust in the safety of secondary raw materials; in this context, it suggested introducing a product passport as a tool to disclose materials and substances used in products.

References:

• Regulation (EC) No 1907/2006 of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH)
• Directive 2008/98/EC of 19 November 2008 on waste
• European Commission, Communication on Closing the loop - An EU action plan for the Circular Economy, COM(2015) 614
• Decision No 1386/2013/EU of 20 November 2013 on a General Union Environment Action Programme to 2020 'Living well, within the limits of our planet'
• European Commission, Communication on options to address the interface between chemical, product and waste legislation, COM(2018) 32
• European Parliament, Resolution of 13 September 2018 on options to address the interface between chemical, product and waste legislation, 2018/2589(RSP)

Further reading

• European Parliament, EPRS, Chemicals and the circular economy: Dealing with substances of concern, Briefing, October 2017
• European Parliament, EPRS, Closing the loop: New circular economy package, Briefing, January 2016
• European Parliament, EPRS, Understanding waste management: Policy challenges and opportunities, Briefing, June 2015
• European Parliament, EPRS, EU policy and legislation on chemicals, In-Depth Analysis, December 2016

Author: Didier Bourguignon, Members' Research Service, legislative-train@europarl.europa.eu

Visit the European Parliament homepage on circular economy