Page 42 - Plastics News January 2022

INTERNATIoNAL NEwS

Italy Transposes Into National Law The EU Eur ope’ s PV C

Single-Use Plastic Products Directive Industry Fights Back

he Italian Legislative Decree Guidelines (“Commission Guidelines”). he medical
T196/2021 (“Italian Decree”) The Commission Guidelines confirm TP V C
implementing the Single-Use Plastic that Recital 11 of the SUPD excludes indu s t r y
Directive (“SUPD”) will enter into from the concept of “products made is w a r n in g
force on January 14, 2022. The Italian partly of plastic” those materials to which Eur opean
Decree diverges from the SUPD on “paints, inks and adhesives” are applied. policymakers
significant aspects: it provides a more However, the Guidelines also make clear and hospitals
flexible definition of plastic; delays the that materials (e.g., paper and cardboard) that a paper
entry into force of the ban on prohibited with plastic coatings and lining are plastic publishe d
SUPs; and exempts from such ban materials or materials partly made of in 2021 by
specific biodegradable and compostable plastic and are subject to the SUPD’s an influential non-governmental
materials. The Decree also imposes requirements and restrictions. Neither organization (NGO) that encourages
the SUPD’s definition of plastic nor phasing out the use of PVCs is rife
the Commission’s Guidelines provide with misinformation and should
any exemption on the basis of a weight not be used as a source for crafting
threshold. The Italian Decree also policy. PVCMed Alliance, aligned
provides for a delayed introduction of with the European Council of Vinyl
the ban on SUPs listed in Part B of the Manufacturers to raise awareness and
Annex to the SUPD (e.g., cotton buds, promote informed decisions about
cutlery, plates, etc.). Article 5(1) of the the use of PVC in healthcare, said the
Italian Decree mirrors Article 5 of the NGO published a paper falsely stating
SUPD and prohibits the placing on that PVC cannot be recycled; that it
the market of the SUPs listed in Part B is easily replaced by other materials;
of the Annex to the SUPD. However, and that it contains chemicals that are
Article 5(2) of the Decree also provides detrimental to human health and the
specific return obligations on waste that the SUPs listed in Part B of the environment. “The paper contains
plastic bottles.While the Italian Decree Annex may still be made available on so many errors that we must urge
provides companies with additional the Italian national market “until stocks European policymakers and hospitals
flexibilities to market their SUPs in Italy, are exhausted, provided that it can be to disregard it,” said Ole Grøndahl
companies should carefully assess the demonstrated that they were placed on Hansen, PVCMed Alliance Project
risks that may arise if EU Courts finally the market before the date of the entry Manager. “Many hospitals around
hold that the Decree is not compatible into force of the obligation referred
with EU law. Article 3(1)(a) of the Italian to in paragraph 1” (emphasis added). Europe are currently investigating how
Decree follows the definition of “plastic” Presumably, the concept of placing to implement circular initiatives for
of the SUPD with one important on the market of Article 5(2) refers to their plastic waste. Paradoxically, if they
difference: it explicitly excludes from the the Italian national market, and not to decide to follow the recommendations
definition “materials such as paints, inks, the EU market, in line with the SUPD. from NGOs, hospitals will do more
adhesives, and plastic coatings, weighing Arguably, the Italian Government would harm than good for the environment.”
less than 10% of the total weight of be justifying the exemptions of Article PVCMed Alliance in its 24-page
the product, which are not the main 5(3) on the basis of Article 11 of the document, “Why PVC Should Remain
structural component of the finished SUPD, which requires Member States to the Preferred Material in Healthcare and
products” (emphasis added). ensure that their implementation of the Elsewhere.” has made some pointers
on the NGO report that published
The Italian definition also does not SUPD does not compromise food safety. “The Polyvinyl Chloride Debate: Why
follow the interpretation of the SUPD’s However, it is questionable whether the PVC Remains a Problematic Material,”
definition of plastic reflected in the European Commission will agree with did not base its argument on enough
European Commission’s Interpretative such interpretation, scientific research.

42 PLASTICS NEWS JANUARY 2022