Paper Technology International 2020 - Journal - Page 110

PAPERTECHNOLOGYINTERNATIONAL
To make it even more complicated: there are several examples of
polymers which are used for different purposes in paper production:
e.g. polymer and copolymers of acrylic acid are used as retention
agents (BfR Recommendation XXXVI, Part B Production Aids,
III Retention agents, No. 1.b) as well as for surface refining and
coating (BfR Recommendation XXXVI Part C, Special paper refining
agents, IV Surface refining and coating agents, No. 27 ) [9]. Is the
relevant difference the application site surface versus paper pulp?
Some national authorities are still in lively discussions with EC on
interpretation of these special issues for paper and board. If paper
and cardboard were considered as sustainable alternatives for
plastic, are these detailed questions possibly negligible? On the
other hand, there is no lower threshold for “plastic” and thus the
discussion becomes somewhat philosophical. Consequently, the
general question remains: what was the regulatory intention?
Enforcement of the rules
Due to many ”grey zones“ legal disputes are to be expected.
However – at least in Germany – it is somewhat unclear how the
local competent authorities of the federal states (e.g. the municipal
waste management authorities) will be enabled to enforce the
rules. Presumably it will not be possible to solve the task technically
without administrative assistance by analytical investigations.
The interpretation of EU law is the sole preserve of the Court
of Justice of the EU. For interpretation, it is good advice to follow the
methods of interpretation of the European Court of Justice (ECJ):
First, literal interpretation looks to the text and wording of the law (in
all languages). Second, systematic interpretation denotes reference
to the context of the law. Third, teleological interpretation, also called
functional or purposive interpretation, constitutes the method by
which the Court engages in the process of interpreting provisions of
Community law by choosing “the interpretation which best serves
the purpose for which the provision was made”.
To the authors personal opinion there is a need for
immediate clarification, to provide paper producers and converters
with a legally secure basis for the intended innovations. With
regard to sustainability, prevention of persistent waste/littering and
improving a circular economy - maybe greater attention should be
paid to biodegradability as well as best recyclability of products than
it is currently the case.
Without a doubt, there are opportunities for the paper
industry. There is an enormous need and demand for alternative,
sustainable paper-based products. Recently the French Government
has announced plans to ban plastic packaging for fruit and
vegetables weighing less than 1.5 kg from January 1st, 2022 –
again the next need for paper-based packaging, which prevents
food from being contaminated. Future developments are promising
to remain exciting.
About PTS
Papiertechnische Stiftung (PTS) is the applied research and service institute for the German paper industry located in Heidenau
near Dresden, Germany. PTS will gladly be your partner for consultation, advanced training and testing of alternative product
developments that are outside the scope of SUPD but will provide the desired barrier effect against grease, water vapour or migrating substances, and will of course be compliant with food law and recyclable. Laboratory and pilot plants, as well as a broad
portfolio of measuring and testing services are available.
References
[1] Directive (EU) 2019/904 of the European Parliment and of the council of 5 June 2019 on the reduction of the impact of certain plastic
products on the environment
[2] Commission Implementing Regulation (EU) 2020/2151 of 17 December 2020 laying down rules on harmonised marking specifications
on single-use plastic products listed in Part D of the Annex to Directive (EU) 2019/904 of the European Parliament and of the Council on the
reduction of the impact of certain plastic products on the environment (Text with EEA relevance)
[3] Commission guidelines on single-use plastic products in accordance with Directive (EU) 2019/904 of the European Parliament and of the
Council on the reduction of the impact of certain plastic products on the environment (2021/C 216/01), Official Journal of the European Union,
07.06.2021
[4] German Ordinance of the Federal Government Ordinance prohibiting the placing on the market of certain single-use plastic products and
products made from oxo-degradable plastic (Single-Use Plastics Ordinance – EWKVerbotsV)
[5] German Ordinance of the Federal Government Ordinance regulating the nature and marking of certain single-use plastic products (SingleUse plastic marking ordinance – EWKKennzV)
[6] Commission regulation (EU) No 10/2011 of 14 January 2011 on plastic materials and articles intended to come into contact with food, current
consolidated version: 23/09/2020
[7] Draft Twenty-First Ordinance amending the Consumer Goods Ordinance – Notified version, 28.06.2017
[8] EuPIA Guideline on Printing Inks applied to Food Contact Materials April 2020
[9] Federal Institute for Risk Assessment (BfR) Recommendation XXXVI. Paper and board for food contact, 01.04.2021
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