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A plasticised future? – How Can the EU Tackle the Plastic Problem in its Entirety?
A potential global treaty on plastic and the role that Europe could/should play
Economic aspects involved in action to tackle plastics
Potential liability aspects within European law
Practical aspects of fighting plastic pollution
Efforts to clean up the oceans from plastic pollution
Michael G. Faure, Director of the Maastricht European Institute for Transnational Legal Research, Maastricht University
Jurjen de Waal, Plastic Waste Campaign Manager at Plastic Soup Foundation
Luisa Cortat, Course Director at the Academy of European Law
Sitzungsbericht
Title and date of the ERA online debate: “A plasticised future? How Can the EU Tackle the Plastic Problem in its Entirety?” Wednesday, 16 February 2022, 14.30-16.00 CET, Zoom.
Context, purpose, and subject:The aim of this event organised in the framework of the Conference on the Future of Europe was to enrich the public debate on plastics as a global problem. Although plastic is an important material in our daily life, its life cycle causes various and severe harm to human health and to nature, from raw material extraction, through the use of chemicals and the overconsumption of plastics, to poorly managed plastic waste world-wide. The data are alarming, with yearly production over 400 million tons in the world (more than 26 million of which in Europe), with half of it being used only once. Estimates are that 12 million tons of plastic end up in the oceans yearly (around 0.5 million of which from Europe) and that, if the pace continues, by 2050 there will be more plastic than fish in the oceans.
Europe is trying to change the scenario with legislation and policies such as the Strategy for Plastics in a Circular Economy, the Single-Use Plastics Directive, and the Directive about reducing the consumption of lightweight plastic carrier bags. Awareness in society is also rising, with 74% of EU citizens expressing disquiet at the health impact of plastics and 87% saying they are concerned about their environmental effects.
Structure/methodology of the event:Moderator – Dr. Luisa Cortat
Speakers:
- Giulia Carlini, Senior Attorney at the Centre for International Environmental Law;
- Michael Faure, Director of the Maastricht European Institute for Transnational Legal Research at the faculty of law of Maastricht University
- Jurjen de Waal, Plastic Waste Campaign Manager at Plastic Soup Foundation
The moderator introduced the speakers, explained the functionalities of the digital platform, settled the ground rules of the debate, and introduced the theme and the speakers. Each speaker presented a short presentation (about 10min each), followed by questions and debate from the audience.
Reporting :After the webinar, ERA and two volunteers from the audience drafted the report. Then, the report was sent to the speakers for their comments and remarks. Volunteers: Violet Ross, Romeo Gilet
65 participants (plus 4 on the organiser’s side), from 21 countries, were present out of 125 registered (79 Female, 48 Male).


EVENT OUTCOMES
Main subjects discussed during the workshops:The first speaker was Giulia Carlini, who highlighted the importance of understanding and following the entire life span of plastic from production to disposal. She explained how the harm of plastic goes further than the problem of plastic waste. She stressed the importance of looking at the production of plastic, as well, outlining the usage of fossil fuels and toxic chemicals. She goes on to explain some health risks due to substances and chemicals used in the production, of which most are not sufficiently examined in terms of potential danger and risk for health. She highlights how we are constantly exposed to these substances as scientists have already found micro plastics in the air, food, drink etc. Ms. Carlini calls for a global solution to reduce plastic in the environment and the production of plastic by the states, and asks the question of what can the European Union do in that sense.
The second speaker was Michael G. Faure, who stressed the complexity of plastic production and disposal and the interplay between legal and economic aspects to it. Mr. Faure noted beneficial aspects of plastic and that not all plastic is inherently harmful, but rather its negative side effects such as ecological mismanagement in production and disposal of plastic. Therefore, he calls for a legal intervention, without which solutions are less likely to arise in such a complex scenario. He states that all legal instruments are already there and as such need to be combined in a sound way, to cover the complexity of plastic production and disposal. Mr. Faure sees responsibility for such in the industry, but also in the consumers themselves. He highlights the necessity of targeting consumers, as everyday users of plastic, and calls for price mechanisms or psychological nudges to make re-use of plastic more attractive to the customer than the disposal. Mr. Faure ultimately calls for an orchestrator who will put together a wise and adequate mix of legal and economic instruments.
The third speaker was Jurjen de Waal, who pledged for a full circular use of plastic and to implement conscious long-term solutions against plastic pollution. He especially criticises single use plastic and the almost exponential growth of production of virgin plastic, especially having in mind the need to prioritize waste hierarchy. Mr. de Waal raised awareness to global issues such as climate change, environmental problems and to health risks. Therefore, he calls for a stop on the production of virgin plastic and instead encourages closing the tap of a major part of plastic productions, and a full circular use of plastic, as well as sustainable and long-term alternatives to plastic use. Furthermore, he gave rise to the issue of global boundaries and whether the production of plastic might soon overstep several global boundaries for example of chemical pollution. Thus, he emphasized the urgency of the matter and stressed, that a change must be made now.
Main ideas suggested by participants during the workshops and the shared or debated narratives and arguments that led to them:
- More pressure on governments to adopt and effectively implement regulations and treaties towards a ban on certain kinds of plastics, such as single use plastic or non-recyclable plastic
- Variety in conventions and treaties to cover the complexity of plastic production and usage
- Need of flexible laws to allow for updates to any regulatory approaches
- Fair transition: non-plastic future has to be affordable for everyone.
- Sustainable long-term solutions
- Sustainable substitutes for plastic
- Differentiate substances used for production of plastic and ban those with highest health risks
- Encourage long-term solutions and long-term thinking towards solutions
- Alternatives to plastic or single-use-plastic must be attractive and affordable to the consumer
- Extended Producer Responsibility must be enforced
- Encourage education of customers about conscious use of plastics and its alternatives
- Encourage psychological nudges of customers towards a conscious use of plastics or its alternatives
- Encourage accessibility of plastic to everyone, e.g., by tax reduction, funding, or other substitution
- Install a variety of legal instruments to cover the complexity of the plastic problem
- Specific waste must also be treated specifically. This is the case, for instance, of medical plastic waste. Additionally, with the COVID-19 pandemic, there was a surge in the use of plastic protection equipment, like masks, gloves and face-shields. This created a new kind of medical waste, that should be recycled, with the proper care. This also created a kind of waste that is neither medical nor domestic, thus, policies and legislation must react accordingly. Finally,
- Take into consideration the entire lifecycle of plastics from production to disposal
- Implement action plans or limits on plastic production
- Call for global solutions
- Tackle the petrochemical industry in any solution considered, since the extraction of oil and gas is a big part of the problem, and since such an industry has been pushing for more plastic production due to the climate change agenda
- Take into consideration the benefits of plastic use and work on reducing the negative side effects of it
- Analyse which plastics production/form/usage raises the biggest concerns in terms of health risks or environmental pollution and focus on reducing or banning those first
- Encourage a full circular use of plastic
- Implement a re-use scheme to encourage re-use of plastic instead of single use
There was a general concern that the plastic issue must be considered in its complexity and that its entire chain is included in the changes to be made. Speakers and audience called for long-term solutions, with plastic alternatives and substitutes that are attractive and affordable for everyone. The focus should be mainstreaming the entire life cycle of plastic, from production to disposal, and prioritizing the reduction of plastic production, followed by introduction of a circular economy for that plastic that cannot be avoided nor replaced. Thus, the petrochemical industry should be included in plastic-related policies and legislation. There was also a consensus on the need to ban chemicals that are added to plastics and are harmful to nature and human health. From the European Union, it is expected to promote such a fair transition and to further it with legal frameworks and proper enforcement, including supporting and ratifying a global treaty. This also means leaving no one behind, even if they are third parties. It is also expected to advance awareness for conscious plastic use and further the education and implementation of plastic re-use for the industry and for consumers.
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