BCF Annual Handbook 2019/2020 handbook 2019 2 | Page 28

LOBBYING UPDATE Lobbying update The REACH process has continued, and the BCF has been busy working to protect key substances for our members. You’ll read about TiO 2 and Brexit in a separate section, but BCF has also been kept busy on other topics of concern for the industry. ADCA Azodicarbonamide (ADCA) is a key raw material for the wallcoverings sector, with no suitable alternatives. The ADCA issue has been re- opened, as the European Commission have re-initiated a discussion on possibly classifying ADCA on Annex XIV (Authorisation as a SVHC). The BCF were heavily involved in the ADCA issue some years back when the SVHC proposal first came through, and lobbied the EU Commission alongside then Labour MP Jack Straw. Further discussions took place within the EU in December 2018 with an update to the Comitology Register, listing the draft Authorisation proposal for ADCA. A public consultation for stakeholder input is due to open, and the BCF will respond and if necessary, mobilise politicians and officials. Microplastics At UK and EU level, there has been a lot of work on legislating for plastic. Notably, in the UK the focus here is on single-use plastics, such as bottled water. Microplastics have also been on the radar, with the UK Government consulting on their use in products, and restricting their use in the likes of wash-off cosmetics. The BCF responded to this consultation and worked closely with other affected industries on devising messaging and strategy in response to the Government’s proposed regulations. Most recently, the EU proposed a restriction of microplastics. Two forms of microplastic are of concern: The paint in its fluid form (e.g. washing of brushes/rollers used with waterborne paint) and wear and tear emission from coated surfaces – however, this second is not in scope at present. The new ECHA proposal, in a report published 30 January, has a very broad definition of microplastic, and whilst film-forming polymers are out-of-scope of the restriction, there would still be labelling and reporting requirements. A six-month public consultation started in March 2019, and the BCF are involved in the CEPE Microplastics Taskforce, which is responding to the consultation. Lead Chromates The General Court of the EU ruled in March 2019 that the Authorisation allowing the sale and use of lead chromate pigments for certain purposes in the EU was illegal. Sweden brought the case to court, arguing that “it was known to the Commission that the use of lead chromates had been almost entirely phased out in several member states and that plenty of alternatives to lead chromates are available”. The Commission dismissed the challenge, only to face a second one by four NGOs, which said the EU executive had “clear evidence” showing the availability of alternatives but still granted the Authorisation. The Court dismissed the Commission’s request for the effects of its Authorisation decision to be maintained until it can conduct a review. The BCF were cited three times in the judgement, having taken a public position against continued use of lead chromates. BCF talked to the suppliers who informed us that, whilst the ruling meant that the Authorisation had been rescinded, ECHA may appeal. The suppliers take this to mean that companies can carry on supplying lead chromate-containing coatings until further notice. Affected customers will be contacted to discuss the practical short-term and longer-term implications of this decision. The BCF is also aware of the potential effect on other chromium VI compounds in the process of an Authorisation decision and have issued a ‘bottom drawer’ statement for members pointing out the differences between the two cases. Chromium Trioxide The European Parliament voted on the Authorisation of Chromium Trioxide, which is used is used in surface treatment of metals, giving high levels of corrosion protection that are required in (for example) aircraft components in extreme conditions. The BCF wrote to 5 MEPs regarding the vote, who all sit on the European Parliament’s Environment Committee. 28 BCF ANNUAL HANDBOOK 2019/20