Interventions

Can plastic still be part of our world?

by Giovanna Landi*.

3' min read

3' min read

The European Union is devoting a lot of attention to plastics, passing legislation with significant impact, starting with the 2018 European Strategy for Plastics in the Circular Economy. The Union's stated goals are to increase the recycling capacity of plastics and to increase recycled material in plastic products and packaging.

For example, Directive (EU) 2019/904 on the reduction of the impact of certain plastic products on the environment envisages an ambitious programme of restrictions on the placing on the market of single-use plastic products and oxo-degradable products (i.e. plastic products with additives that, through oxidation, break down into very small particles resulting in so-called 'microplastics'). The Member States had to implement the provisions of this Directive mainly by 2021 (Italy has adapted with legislative decree 196/2021); however, there are still targets to be reached, such as the one, scheduled for next 3 July, to ensure that only those single-use plastic products that have caps and lids attached to the containers for the duration of the intended use of the product are placed on the market. This obligation has already been taken up by the market, as seen by the criticism on social media about the inconvenience of drinking from the new PET bottles with the cap attached.

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The same Directive also sets targets on the minimum recycled plastic content that must be present in single-use plastic beverage bottles (in particular, PET bottles). In 2025, each European State will have to ensure at least 25% recycled plastic, as an average for all PET bottles placed on the national market, and this target rises to 30% in 2030.

In order to ensure uniformity and transparency of calculation, the European Commission was mandated to establish a common methodology for calculating the percentage of recycled plastic in bottles, presented on 30 November by Implementing Decision 2023/2683.

However, this Decision only considers plastics recycled by mechanical treatment, which is considered the only recycling technology currently available, and excludes any reference to other forms of recovery or recycling, such as chemical recycling. This position, already present in the European legislation on recycled plastics intended to come into contact with foodstuffs, derives from the assumption that chemically recycled plastic is not substantially distinguishable from virgin material, and therefore cannot be used to check compliance with the mandatory recycled content quantities required by the legislator. This choice is also strongly criticised by European political bodies and confirms the dominance of mechanical recycling, which is very strong in Italy especially in packaging. The fear of 'greenwashing' phenomena is obvious, but this risks limiting the technological development of chemical recycling in which many companies have been investing for years, also with a view to the green development of chemistry.

Choices are never easy, especially when it comes to ensuring the sustainability of consumer goods and their production. For disposable plastics, our legislative decree 196/2021, implementing the aforementioned Directive, chooses the path of banning the placing on the market of those products that do not have a special marking guaranteeing their production chain, with the intention of reducing the consumption of such goods and limiting the production of classic disposable items such as cotton buds, cutlery, plates, straws and food containers. Producers of such goods, moreover, are already subject to the extended liability regime, and are therefore directly responsible for the proper disposal of their waste.

The new regulations on plastics in Europe also concern the fight against microplastics; they were introduced following studies that demonstrated the damage they cause to living organisms and the environment, as they are accumulable and easily ingested. Regulation 2023/2055 introduced an important restriction (according to the regulation on the control of chemicals in Europe governed by REACH Regulation 1907/2006) on the placing on the market of certain specific types of micro-particles of synthetic polymers. The new regime indicates a progressive pathway of restriction in the use of such microparticles and is already having a disruptive impact on various markets, as it affects, for example, make-up products, synthetic textiles and detergent products. The legislation also includes new specific information obligations along the supply chain, all the way to consumers.

Europe's path towards a green economy is now clearly on track, and the legislator is making a strong impact on the plastics market, with choices that deserve shared consideration, also in the light of rapid technological development.

(*) Lawyer, owner of Landilex law firm

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