REACH in a circular economy: The obstacles for plastics recyclers and regulators

• Date: 01 November 2018
• Author: Geert Van Calster,Thomas J. Römph
• Published date: 01 November 2018
• DOI: http://doi.org/10.1111/reel.12265

SPECIAL ISSUE ARTICLE

REACH in a circular economy: The obstacles for plastics

recyclers and regulators

Thomas J. de Römph

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Geert Van Calster

Correspondence

Emails: thomas.deromph@kuleuven.be;

gavc@law.kuleuven.be

The European Union (EU) Regulation on the Registration, Evaluation, Authorisa-

tion and Restriction of Chemicals (REACH) applies to chemical substances on

their own, in mixtures or in articles. Manufacturers using either virgin or recycled

substances have to comply with these rules, which do not explicitly distinguish

between the two sources. This contribution considers REACH in the circular

economy, with a particular focus on its role in the circularity of plastics through

recycling. We show that the lack of information about the specific composition

of the plastic waste arriving at the recycling facility greatly affects the ability of

recyclers to comply with REACH. Over and above several other obstacles plastics

recyclers encounter, this creates legal uncertainty about the use of recycled plas-

tics and uncertainty about their market outlet. The recycling industry can in

effect either choose to carry on in a regulatory vacuum or to continue the old,

linear as opposed to circular scenario. On the face of it, this hardly supports the

circular economy philosophy. We reflect how EU regulators may reconcile the

objectives of creating a low‐risk life cycle of plastics (REACH) with the creation

of a cycle with enough throughputs of plastics (Waste Framework Directive). We

also propose practical solutions.

1

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INTRODUCTION

The Regulation on the Registration, Evaluation, Authorisation and

Restriction of Chemicals (REACH)

1

applies, apart from a few excep-

tions, to all chemical substances on their own, in mixtures or in art-

icles.

2

It regulates their market access via a comprehensive set of

rules on their registration, evaluation, authorization and restriction. It

also ensures the supply of information to a variety of actors down

the supply chain of the environmental and human health risks linked

to certain substances. Manufacturers using either virgin or recycled

substances have to comply with these rules, which do not explicitly

distinguish between the two sources.

This is a significant aspect in light of the circular economy

(CE) ambition of the European Union (EU), as practically given

shape by the Commission's 2015 Circular Economy Package (CE

Package).

3

In principle, the CE concept supports the idea of

replacing virgin resources with recycled materials where possible.

REACH's identical treatment of both therefore prima facie appears

counter‐intuitive.

There is no undisputed CE definition.

4

The Commission aims for

a clear life‐cycle approach, according to which the environmental

impacts of the entire material life cycle should be considered in an

integrated way. Life‐cycle thinking, as this is called, is based on the

idea that the use of materials causes a series of positive as well as

negative environmental impacts during their life cycles, and that, in

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1

Regulation 1907/2006 concerning the Registration, Evaluation, Authorisation and

Restriction of Chemicals (REACH) [2006] OJ L136/3.

2

ibid arts 1–2.

3

The CE Package consists, among others, of an Action Plan (Commission (EU), ‘Closing the

loop –An EU action plan for the circular economy’(Communication) COM(2015) 614 final,

2 December 2015 (CE Action Plan)) and four legislative proposals to change a variety of EU

waste Directives.

4

The CE Action Plan explains a CE as one ‘where the value of products, materials and

resources is maintained in the economy for as long as possible, and the generation of waste

minimised’; CE Action Plan (n 3) 2.

DOI: 10.1111/reel.12265

RECIEL. 2018;27:267–277. wileyonlinelibrary.com/journal/reel

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