Recycling legislation

Policy expectations from the industry

Main takeaways

  • Legislations related to EPR schemes, substances of high concern and green public procurement are expected for the coming years and aim to improve the traceability, standardization and stability of recycled materials.

Further readings (optional)

If you're interested in legislation and the European plans towards a CE: The WEEE DirectiveThe Ecodesign DirectiveThe European Green DealThe Circular Plastics Alliances
 
Expert 1: For the recycling of plastics, I expect more developments on the organization of the EPR schemes, so the extended producer responsibility schemes. There are a lot of experiments going on at the moment or other sectors are also looking at EPR schemes, introducing them. I can imagine that learnings from all kind of these schemes are being collected more and more. And we're trying to improve those schemes and one of the things which is already going on in for example the packaging schemes is that there are differentiated tariffs for the packaging that are easy to recycle. And we’re looking also at differentiated tariffs for packaging made with recycled plastics for example. And I can imagine that this will also become part of the EPR scheme for electronics.
I can expect that there will be an increased policy about substances of very high concern and legacy chemicals that are inside some of the plastics. And recyclers need to do something with that in there as it will have an effect on their process. I can imagine they will need to prove the origin of where their recycled plastics are coming from and that can be done maybe with blockchain or markers for example. So that is a technological development coming from a policy development. I think that is one of the probable developments of policy that will have an effect on the recycling process
I think another development could be of course green public procurement, with the governments. We already see that for a couple of years in the United States where they have the EPEAT which is also green public procurement certification where they have mandatory percentage of recycled plastics for example printers and other equipment governments are using. This has a big effect on the use of recycled plastic so possibly more of that is coming in the next years and it’s expected.
 
Expert 2: What is happening at this right very moment is that from this sector, the recycling sector, we are setting up certain analysis technologies and then it is mainly one of the biggest problems that we have is REACH, that’s chemical legislation in Europe. It is very extensive. If you’re a producer of a virgin material you know what you put in, so you know what you have to analyze on. If you’re in recycling, you put in everything and if you know the REACH, the substances of very high concern and the POP substances and so on. you add up all those substances, you have over 600 chemical substances now. I don’t have to tell you that it is economically not interesting to analyze all 600 of them on every lot. So, we have to come to a kind of screening method that will be standardized.
As a sector we are working on that screening method, next step is standardizing that and then we can go to policymakers and say now please here we have a good method that is working please enforce this.
 
To make the comparison with the PET bottles for instance, when did Europe require a 30% recycled content in PET bottles was only after industry had shown that it was possible so this also in electronics I believe that first as an industry we have to show that it is possible and then in the end Europe will make it mandatory. So, in my view it really has to come from us and from producers of course they still have to use it and that's going to be a joint effort for the coming years.

Challenges in Recycling legislation : Shifting the focus from quantity to quality

Main takeaways

  • The downside of requirements for recycled content and mixed plastics is that producers and sorters focus on achieving targets in the most cost-efficient way which may hamper further innovation of the recycling process.
  • The industry needs incentives to improve the recyclability of products and the recycling process. This can be stimulated with quality standards for recycled plastics
 
Expert 1: The European Commission is already busy with the policy regarding mandatory percentages of recycled plastics for certain product categories. The electronic sector is not mentioned yet but I can imagine that this also in the short-term this will be one of the sectors with the mandatory percentage of recycled plastic for certain product categories, not for all yet. But probably first the more easy categories without food contact or skin contact. People are always optimizing towards the policy and this can have also sort of rebound effect so in packaging for example there are agreements that sorters can sort for example a maximum of 45% mixed plastics. And well, this is then what they are aiming for instead of decreasing the mixed plastics and improving the mono streams. They are aiming for a maximum of 45%, which is then most cost efficient and is not about the quality but more about the volume and the cost efficiency of that. So, usually there are disadvantages like that in all kinds of EPR schemes and you need have other incentives to try to come over those barriers.
 
Expert 2: We have some improvement to make in the collection but the policy should concentrate on how the material that is collected is also treated is it also treated in in qualitative good way that brings out highly qualitative secondary raw materials. This is the policy future I would expect. Today we are in between collection rate, then we focus in the policy on the so-called depollution, get out hazardous substances out of the waste stream. And in the future, I hope that the grade on how you measure the efficiency of a recycling process will be how many highly qualitative raw materials you bring out and bring back into our circle. We are at the moment it's the case that we have to individually negotiate with each compounder with each supplier the quality of the recycled plastics we are using. And this is a hard job because you go into individual discussions with each possible supplier and it sometimes went out that nobody can deliver the quality and then you start the process from the beginning that's why we are at the moment counting on the standardization stream of the so-called Circular Plastic Alliance. We already defined commonly accepted quality grades for recycled plastics. For example, alongside with the CPA (Circular Plastic Alliance) we now started at the NEN, at the Netherlands standard organization, the project for quality grades of recycled PP and these are important instruments, these quality standards that exist for long time for example for steel for copper and for other important elements to get the market for recycled plastics running.
Incentives rather than obligations I think would be great. In the cases where we have seen requirements on using recycled materials, if the price then goes up for the recycled materials, suddenly we will see an inflow of a lot of materials with recycled claims, which in reality are virgin. Because the material that is called recycled is more expensive than virgin. Suddenly there are some actors in the market happily branding their virgin material as recycled and the market is not improving really.
 
If you have specific requirements on the use of recycled, let’s say that plastics parts need to contain 20% recycled plastics. Currently that is very hard to verify on that component, it’s not really easy to see which molecules are recycled and which are not
 

Challenges in Recycling legislation: Regrettable substitutions

Main takeaways

  • The restrictions for the use of chemical substances in products leads to challenges for the recycling of products that were produced before those legislations existed.
  • Recyclers expect an ongoing change in regulations, for instance for flame retardants. This will lead to a future challenge if there are no technologies in place to identify and separate these substances in the recycling process.
  • Designers can contribute to solving this problem by designing products in a way that plastics containing any flame retardant are easy to separate from the rest of the plastics in a mechanical or chemical recycling process.
What I expect most from recyclers’ side what we ask from investors’ side also is stability in legislation and that is probably the main barriers today why there is not so much recycling capacity in Europe, it is because the legislation, chemical legislation changes all the time For the future what we are facing is the forbidden molecules, for the parts with high concern substances. Because, we are, the recyclers are victims of the past, which means that the authorities gave license to produce toxic substances and now we are facing a lot of problems to separate those very complicated molecules, those additives that they put in the plastics. One of the biggest issues if you look back in the past is that we see one flame retardant being restricted, it's being replaced by another one but chemically similar so 5 to 10 years later also that one is being restricted and would come with a replacement and so on and so on, so it’s kind of a never-ending story of replacements that are being restricted. And in the sector, we start talking about regrettable substitution. And that is really, that is one thing what I'm really afraid of what you see today is that there is an evolution towards on the one hand polymeric flame retardants, because it is bound to the polymer, that it is less likely to degrade into a toxic compound. But a polymeric flame retardant, for instance cannot be removed by dissolution so if by any chance that polymeric flame retardant would become restricted in 10- 15 years, then dissolution will not work anymore. That is one. The second evolution that we see is towards phosphate-based flame retardants and that's an evolution that is already going on for quite a while. There is a big difference in recycling a brominated flame retardant because bromine is a heavy element it makes the plastic more heavy and we can quite simply separate them by density separation. A phosphate-based flame retardant, phosphate, phosphors is not as heavy as bromine so the density difference is less important than with a brominated flame retardant which as a consequence has that for us it is technically practically impossible to make a separation between the non-flame retardant plastic and the phosphate based flame retardant.
Should that happen that is phosphate-based retardant become restricted and it is already the case for two of them, then we might face a huge technological issue because today there is no technology available and there is no technology under development which will be able to do that separation.
To summarize this in a design for recycling mindset, how can you solve this? If you start designing a plastic and you design a plastic with a flame retardant, well then design it so that the density of that plastic is significantly different from a non-flame retardant plastic. So that means that with current technology it will always be possible to separate them, whatever happens. And set aside of being restricted or non-restricted there is also another aspect. And then looking more towards design from recycling. If you want to source a recycled plastic for use in whatever application, it is the same as with a virgin plastic today you want to know exactly what is in. So as a producer, the producer will never be happy with a recycled plastic where the recycler says, there is some flame retardant in there, phosphate based, it is not
restricted, but I don’t know how much. And that is not acceptable either. So also, from that aspect it would be good to design a flame retardant plastic so that it can always be separated from on a non-flame retardant plastic, choices they (designers) make they immediately impact the recycling in 5 to 10 years.