Document L6ewD7VRjzwOq6BXawZmYO6X

ociety of The Plastics Industry, Inc. Robert H. Burnett Executive Director February 16, 1994 TO: Distribution* RE: European Report Attached for your information and internal dissemination is the semi-annual update on European environmental developments. Please note the "disclaimer" in the transmittal memo and use this information accordingly. We are grateful to Rolf Buhl and EVC for this very valuable input. RHB/pmb cc: R. Buhl P. Hollins *Distribution IMC VIGOR R. Walker, Uni-Bell W. Anderson, RFCI R. Evason, SPI Canada L. Freeman, SPI M. Matsui, JPA R. Gottesman, CMR D. Meeker, EH&C N. Jacobs, EH&C P. de la Cruz, K&H CTL014600 Wayne Interchange Plaza II 155 Route 46 West Wayne, NJ 07470 (201) 890-9299 Fax # (201) 890-7029 * *.'. v* * : . -v : V- ... CTL014601 European Vinyls Corporation International SA/NV Boulevard du Scuvera.n 350 E-H6C 3ruxe''ss Ee'g'j'Ti Tei. (021 674 C5 : 'a ax 24 200EVCB Taefax 02; 550 li S' From : R Buhl To : See circulation list 27 January 1994 UPDATE OF THE PVC RELATED ENVIRONMENTAL DEVELOPMENTS IN EUROPE AS PER JANUARY 1994 Note : This periodical update has been put together for our employees, customers and selected members of the industry. It covers the current, but constantly "moving" environmental debates in Europe concerning PVC to encourage an exchange of information. Tomorrow some major developments may have changed in one or the other direction. Therefore, this and other updates of environmental developments should only be seen as a "spotlight" that needs regular adjustments to present the trends. We do not recommend that any part of this note is quoted out of context or distributed separately, since this could lead to misunderstandings. Last "update" : July 1993 CTL014602 CONTENT 1. Austria 2. Belgium 3. Denmark 4. France 5. Germany 6. Holland 7. Italy 8. Luxemburg 9. Norway 10. Spain 11. Sweden 12. Switzerland 13. UK 14. Developments at EC level Page 1 2 2 3 3 4 5 6 6 6 6 6 7 8 Appendices 1 to 9 CTL014603 1. AUSTRIA The PVC debate at state governmental level is quiet. The official ordinance to restrict usage of Cd in products to below 0,1 % has been published on December 16, 1993 and is effective from January 1, 1994. All PVC applications are covered. Exceptions are those where for safety reasons there is no alternative available and, most important, "for recyclate products when not post-stabilised with Cd". Actions are taken by industry to lift the restriction of the government of Niederosterreich on the use of PVC in public purchase programmes. A presentation is made on the recycling activities for pipes, window profiles, flooring, etc. and it is hoped that once a network of collections points is in place, the Lander Government will change its policy. The long-awaited court ruling against the Greenpeace campaign "PVC = environmental poison" was published on November 8, 1993. The verdict is positive for the industry and got wide media attention : "Greenpeace has to cease and desist from this campaign and is charged with the costs of this action." (For more details see Appendix 1). As one could expect, Greenpeace appealed to this verdict, calling for a review at higher court level. Recycling Industry concentrates on the establishment of a nationwide infrastructure for the recovery of packaging waste as requested by the Austrian Packaging Ordinance, effective from October 1993 and coordinated by ARA/OKK. The levies to subsidy collection and recovery costs are for : paper/board glass tin (< 10 1) tin (> 10 1) aluminium large plastics small plastics plastics with "hazardous" content composites 1,68 Os/kg 0,78 n 4,58 N 3,64 6,81 ii ii 11,91 n 15,90 ii 17,68 18,36 It M (0,24 (0,11 (0,65 (0,52 (0,97 (1,70 (2,27 DMIHNt/kg))) It II ) ) II ) ) (2,52 (2,62 II II ) ) PVC in packaging has drastically decreased over the last years and plays today only a minor role in Austria (less than 3% of all CTL014604 2 plastic packaging used). At this low fraction it cannot be separated and is to be treated as part of a mixed plastics stream only. 2. BELGIUH There is great confusion at present about the implementation of the "ecotax law". The government declared its intention to install a "2 years moratorium" and to defer the implementation accordingly. The Greens are strongly opposing. As it stands today, beverage bottles will still be taxed as from April 1994 with 15 BF per litre, with a minimum of 7 BF per container. Refillable bottles, bearing a deposit, will be exempts, and recycled bottles will get a credit according to their recycling rate. As reported earlier, PVC bottles were excluded from this credit scheme, meaning the death for PVC bottles in Belgium. Following strong protests from the PVC industry, an independent commission ("Commission de Suivi") was requested to study the social, economic and ecological consequences of a PVC bottle phase out. After long discussions on the neutrality of the experts, work has just started. It is most unlikely, that this commission will deliver its report before July 1st, the date by when the ecotax lax is to be implemented to PVC bottles, too. During November Greenpeace ran a spectacular "anti Chlor/PVC" campaign on the river Meuse, using its Beluga ship to reach the citizens of the attached communities. Solvay reacted with a mobile double-decker bus, following simultaneously the Greenpeace route (Appendix 2). This quick response allowed the citizens to get information from both sides and for Solvay to effectively disturb the impact of this Greenpeace campaign. The Greenpeace boat then travelled to Holland, where industry responded in a similar way. Recycling No news. 3. DENMARK No particular news on PVC. The Environmental Ministry is financing a study on "clean technologies in the plastics industry" to evaluate potential for improvements. It is expected that during this project and at the presentation of the final report PVC will get negative headlines because of our negative experience with the Danish Plastics Association in the past. Recycling No news. CTL014605 3 4. FRANCE A new minister is in charge of Environmental Affairs : Michel Barnier. He is known to the industry as being open and fair. The Greenpeace "anti Chlor/PVC" campaign in the Mediterranean area with actions at the Elf-Atochem plant met an industry which was ready to counter. The low media attention must have been disappointing for Greenpeace. Recycling Activities concentrate on bottle recycling, coordinated by "RecyPVC", the PVC branch within Valorplast. Plans are to have some 18 ktons of PVC bottles recycled by 1996, against the 7,5 ktons in 1993. 5. GERMANY PVC industry activities continue to concentrate at federal governmental level to counter anti-PVC purchase programmes (Berlin, Bremen, Lower Saxia, Schleswig Holstein). Hessia already corrected its purchase policy, but still not to the satisfaction of the PVC industry, as reported last time. The Government of Thuringia declared in August to have abandoned its policy to not purchase PVC building products. The BLAU report on the environmental impact of PVC was on the agenda of the Environmental Ministers Conference in November. Bremen, Hessia and Lower Saxia repeated their harsh criticism on PVC, but no collective anti-PVC agreement was reached on any of the "nine BLAU recommendations", except for coding. Here, a request was formulated to code all plastic products as from July 1st, 1995. The final report on chlorine and PVC issues has still not been published by the "Enquete Commission", following the hearing in June 1993. Though longlife applications have been on the initial agenda only, there are now signs that the Commission wants to have this extended to PVC packaging, too. Phase II of the feasibility study on the "AG-PU Kreislaufkonzept" (closed loop scheme), covering waste volumes, logistics, technologies and costs, is nearing completion. The heart of the concept is the financing of an 80 ktons mono-combustion plant for PVC waste products with HC1 recovery, feeding a nearby oxychlorination plant. A final report from A.D. Little will be presented to the industry at the end of January. It is then up to the industry to develop this project further or to drop it for the time being. The biggest problem will be to reach agreement on the funding of the +/- 250 Mill DM investment under voluntary conditions. CTL014606 4 Recvclinq With the installation of DKR (Deutsche Kunststoff Recycling GmbH), replacing the old VGK, and a 100 Mill DM injection, the recycling of plastic packaging has come somewhat out of the firing line and negative media reports are much reduced. Within DKR, 25% of capital and vote is reserved for the plastics producers and convertors, the other 75% are in the hands of the waste collectors and the feedstock recycling companies such as VEBA and RWE. To protect the plastics interests, BKV (Beteiligungs- und Kunststoffverwertungsgesellschaft mbH) has been founded in November and 25 Mill DM raised from its member companies. BKV is now negotiating a joint business plan with DKR. When positive, BKV will integrate into DKR, otherwise it will operate from outside DKR. The Environmental Minister Klaus Topfer is working on a revision of the present packaging ordinance. The most significant change is the inclusion of thermal recycling in a new definition of "recovery". Other proposed changes include a reduction of the recycling target and to postpone the timing. But most important will be the acceptance of any revision by the Federal Chamber (Bundesrat) where strong opposition can be expected from the countries with green coalitions. Feedstock recycling is being pushed ahead to meet the Topfer targets. The Bottrop hydrogenation plant is now able to process some 40 ktons of mixed plastic packaging waste, incl. PVC. PVC producers are asked to take back the 7000 tpa of HC1 from the dehalogenation step. What started as a labour and cost intensive operation to dismantle and recycle PVC windows, has now been replaced by two automised recycling plants, opened in November. Operators are Vekaplast Umwelttechnik (Behringen plant, 30 Mill DM investment) and FREI (Rahden plant), a consortium of the other leading window profile producer (Appendices 3a and 3b). The German pipe producer followed the initiative taken by the FKS in Holland (see earlier report) and announced their nationwide take back scheme for used PVC, PE and PP pipes in December (Appendix 4). HOLLAND The judgement of the Dutch Foundation for Publicity Codes, which stopped VROM (Dutch EPA) to publish discriminative statements on PVC, is widely used and should help to convince other market parties to return to a fair debate. The Greenpeace campaign is slowly reaching municipalities to influence their purchase programmes, too. Counteractions by industry follow the experience made in other countries on this issue. CTL014607 5 The PVC working group is involved in an ecolabel debate, where it is tried to discriminate PVC shoe soles. Ecobalance data have been submitted and an objective comparison to the alternative materials requested. Industry was asked to comment on an official study on "sustainable chlorine chemistry" covering PVC, too. The results of this study will be published shortly. Recvclina The packaging industry is gradually learning, that they are unable to achieve the recycling targets as agreed with the Government in their "voluntary packaging covenant" (60% by the year 2000), and this, ironically, not with PVC-free packaging. ITALY As reported for France, the Greenpeace campaign in the Mediterranean area "Stop chlorine/PVC" reached Italy, too, with protests at the EVC plants in Brindisi and Porto Marghera/Venice. Media coverage was poor. Stimulated by this campaign, a request was brought into parliament by 2 MP's to restrict PVC in short life, namely packaging applications, but did not pass the Pariiamentary Commission. In November the Environmental Minister published his intention ("decreto ministriale per nov. 11, 1993") to limit the chlorine content for waste entering energy recovery schemes (MWI, cement killn). With the proposed limits down to 0,2% Clp (* 0,4% PVC) the disposal of PVC waste products by such processes would have been dramatically hindered. Federchimica/Assoplast intervened, and the Minister called for a review of his "decreto". A technical commission with participation from EniChem, EVC and Solvay has been put in place to advise on tolerable CL2 limits. We are still waiting for the full report of Prof. Maltoni's work on VCM migration from PVC mineral water bottles. Results were presented at the Trieste packaging seminar in June (see previous report), where he concluded : "Mineral water in PVC bottles is as safe and hygienic as bottled in glass." Further insight into his work shows his initial publication in the COOP journal "Consumatori", which is already widely distributed in Italy (Appendix 5). Recycling With the sudden bankruptcy of Govoni, the 50% shareholder in Tecoplast (other shareholders are Solvay, EniChem and EVC), a critical situation has come up for the survival of this advanced recycling plant with automatic sorting facilities for PVC and PET CTL014608 i 6 bottles. An emergency programme has been put in place by Solvay and EVC to keep this important recycling facility alive. Replastic, the official Italian consortium to coordinate and fund recycling operations from the "10% tax income on raw materials" declared its interest to inject money, following board approval. Independent from this critical financial situation, Tecoplast is operating at full capacity, reaching 2000 tpa. 8. LUXEMBURG No news. 9. NORWAY In August the Norwegian Government gave final approval for the building permit for Norsk Hydro to build a new PVC resin plant at Rafnes. This is more than a brave decision, considering the protests of environmental organisations. Coupled to this permit are a number of requirements to further reduce the environmental impact of PVC along its lifecycle (Appendix 6). Recycling Norsk Hydro and Statoil have announced the building of a 6000 tpa mixed plastics recycling plant, with completion in 1994. Products will be compression moulded pallets, sheet and similar items. 10. SPAIN No news. 11. SWEDEN As part of the "eco-cycle ordinance" as adopted by parliament in May (see previous report), experts into the follow-up commission have been nominated to propose ways on how to reduce the environmental effects from PVC and other chlorinated products. Initial task is to study short life/packaging applications, to be followed by a study on longlife products. This all sounds familiar to what happened in Denmark 3 years ago, with the great risk that PVC will again be on the looser-side. No question, the local PVC industry will be very busy over the next months to defend this product, and ecobalances will (hopefully!) play a key role when it comes to substitution decisions. Recycling No news. 12. SWITZERLAND Negotiations continue between EC and Swiss officials to lift the ban on PVC bottles. Whilst there seems to be reached general CTL014609 WWW 7 concsensus to do so, the Swiss officials have problems to come forward with a time programme. There are now 3 cantons who have published their "guidelines for environmental buildings", which place PVC building products (from pipes to wallcoverings !) into the "avoidance category". A group of PVC converters, all being directly effected by these deselection attempts, has filed an official claim at the Federal Court against these cantons in October, following legal advice from its lawyers. PVC producers are providing financial support to this action. Also involved is the "Chamber of Commerce" by taking a pro-PVC position opposite the authorities. Reeve!ing No news. 13. UK Industry activities concentrate on the development of a waste management concept for used packaging, following the Gummer initiative (= Env. Minister) from September. His key messages to the industry were ("Gummer's Five Tests") : * Establishment of an effective broadly based organisation * Commitment by industry to fund new collection/processing capacity * Present progressive plan to implement the recovery of 50 to 75% of used packaging * Industry to increase its demand for recycled material * Present actions to safeguard existing recycling infrastructure. An industry response is expected by January 1994. The problem is still the lack of an efficient umbrella organisation, within which the various material interests are coordinated. For plastics it is important to speak with one voice only. A position paper on PVC packaging is being put together with the focus on bottle and tray recycling. The first initiative in the UK to prevent windows from use in council buildings has come from Lewisham, a commune in the Southwest of London. Behind is the Greenpeace "Anti-chlorine/PVC campaign, directed towards the numerous communities in the UK, including the messages from the GP video "PVC - the hidden costs". Delegates from the newly established BPF Vinyls Group met with Lewisham Council members to counter the GP arguments. The positive result from this debate was the decision of the Lewisham Council to continue with the purchase of PVC windows. In an attempt to catch public attention, Greenpeace managed to get a programme broadcasted on ITV - Carlton television early in January, titled "The Big Story". The aim was to discredit the CTL014610 8- - chemical industry, and indirectly the chlorine/PVC industry, to not publish data on their effluents into the North Sea. The only way to get such data was to break into these plants and to catch samples from the outfalls, claims GP. Other media reflection to "The Big Story" was poor. The response from the industry is probably best summarised in a response letter from ICI's CEO to local complaints (see Appendix 7). The GP report also prompted an MP to question the relevant Government Minister about "the broadcasting by a TV-station in which the illegality of the acts (burglaries) was trumpeted". Recycling See above ("Gummer's 5 Tests"). 14. DEVELOPMENTS AT EC LEVEL Progress on the "Draft EC Directive on Packaging and Packaging Waste" was made, when at a special meeting of the Council of Ministers in December a "political agreement" was reached on the following key points with a (qualified) weighted majority : 5-year targets (5 years begin 18 months after adoption of Directive) * Minimum recovery of 50% - maximum 65% of packaging waste * Minimum recycling of 25% - maximum 45% of packaging waste (including feedstock) * 15% minimum recycling of each material * New targets to be proposed by Commission 6 months prior to end of 5-year period based on critical review Two types of derogations are allowed : (1) Greece, Ireland and Portugal have a grace period of 5 years to meet targets; (2) maximum targets can be exceeded only after application to the Commission for approval. Approval will require demonstration that there is no adverse impact on the single market as well as the ability to treat the waste on the national territory (unclear whether this meands all waste or only a % related to the agreed derogation). (For more details see Appendix 8). This degree of flexibility (broad targets + derogation on top) has led to much criticism that the directive has lost all meaning. While true if one sees the targets as the only purpose of the directive, it is not valid if one sees the directive as a necessary step forward in providing a role for the EC in trade/environment matters - an essential objective for industry. Failure at this stage would be a major setback for the EC process. But despite 7 hours of negotiation, the political agreement did not include Denmark, Germany and the Netherlands. Inclusion of at least one of the above was a key objective of the Belgian Presidency. These three countries outside the majority will CTL014611 9 likely lead to a major divide in opinion on the directive, set up to be described as protective of trade but not the environment. This will undoubtedly lead to clear "battle lines" being drawn in the European Parliament. The Parliament should begin its second reading in February or March. The initial reaction from the plastics industry is well covered by the press release from APME (Appendix 9). It is now important for the PVC industry to prevent that "special requirements" such as "chlorine or stabiliser restrictions" enter through the backdoor into the final directive as it was tried during the first reading in June. Other news from the Council is that they now want to move ahead with the waste directives for the automotive, electro/electronics and construction/demolition sectors. Task Force Groups already exist within APME to cover automotive and electro/electronic waste. Work on construction/demolition waste started within EuPC (European Plastic Converter Association), but with APME participation. R Buhl (with input from ECVM and the EVC Environmental Committee) January 27, 1994 Enclosures : Appendices 1 to 9 CTL014612 European Vinyls Corporation International SA/NV Boiilcvaicl cJ'.i S<.'i .''.1,1'n . If -I i B-1 i 60 Bruxelles Belgium Tel (02) 67^ 09 1' Telex 24 200 EVC3 Telefax (02) 660 *. * 31 V si SlIMHARY ON THE AUSTRIAN COURT RULING AGAINST GREENPFACE Background : In 1991, the local PVC Working Group in Austria (API = PVC und Umweltberatung GmbH, Vienna) started a PVC repositioning campaign, including adverts in the daily press. Greenpeace responded with billboards alongside traffic roads in Vienna and elsewhere, describing PVC as a product for ..., and with the subtitle "PVC is an environmental poison" : TVA BE 429 153 66/ nc B 4R2 997 2 Following advice from their lawyers, Solvay, Wacker and EVC (the latter via its local subsidiary Interplastic Werk in Weis, a wellknown manufacturer of PVC flooring and technical foils) applied to the Vienna Commercial Court in February 1992 for a ruling against these defamatory adverts from Greenpeace. The industry application consisted of two major requests : Greenpeace was to stop this discriminatory advertising campaign Clarification of whether Greenpeace can call PVC an "environmental poison". It was agreed that this type of advertising discriminates against PVC in the public forum in an irresponsible manner, with negative effects on the business prospects of the three plaintiffs. A provisional indemnity value of 500.000 AS was attached to the application, stressing the industry's prime interest to get a fundamental ruling rather than compensation for its business losses. Although Greenpeace claimed to be a non-profit organisation only interested in protecting the environment in an attempt to escape from the court case, the judge finally accepted the industry application. Fact Finding Experts from both parties were called as witnesses, but the major input into the fact finding process has come from a number of reports as published by recognised experts from all over Europe, covering the environmental aspects of PVC throughout its lifecycle , i.e. from feedstock to disposal. The most quoted document by the judge was the study of the Society of Austrian Chemists on the chlorine chemistry and PVC, requested by the Austrian Ministry for Science and Research and published in December 1992. CTL014614 3 The Verdict The verdict of the Vienna Commercial Court was published on November 8, 1993, with a positive result for the industry : Greenpeace is to cease and desist from this campaign Greenpeace is to be charged with the costs of this action. The verdict is based on the following main reasons : * The average person will assume from the statement "PVC is an environmental poison" that any use of, or contact with PVC causes an immediate health hazard. This can be proved not to be true. * PVC is a very versatile product. Certain parts within the lifecycle of the product entail some potential hazard, but these require a much more differentiated assessment. Providing information to the public is in the interest of everyone, but this does not justify the circulation of shortcut, unfactual and false assertions. Instead of bringing clarification, such false assertions cause irritation and fear. * The picture theme gives the impression, that PVC is a useless product. In reality, PVC is a very useful product, as the wide range of applications demonstrates.* * The false assertions will have a negative effect on the credibility of the plaintiffs, causing damage to their business. Because the general public has no interest in the circulation of false assertions, Greenpeace can not demand protection under the constitutional right of free expression. EVC Comment We anticipate that Greenpeace will appeal against this ruling, if they have not already done so. If so, there will be a second round. CTL014615 4 What this case.shows is that resorting to law helps to bring the much needed rationality and clarity into an otherwise emotional subject and prohibits the circulation of false assertions. There has been another case in Holland recently, where the Ombudsman ruled against the spreading of misleading statements against PVC, in this case by officials of the Dutch Ministry of Environment. R Buhl Group Environmental Affairs Manager Z3 November 1993 R8/hs/172 CTL014616 /?c/?'r>? bp CTL014617 Daten, Fakten, Zahlen Die VEKA Umwelttechnik GmbH ist eine IOO%ige Tochter der VEKA AG Sendenhorst Sitz: 99947 Behringen (Thiiringen), im StraBfeld I Betriebsgelande: 120.000 m2 Halle: 6.890 m2 Grundsteinlegung: IS. Februar 1993 Inbetriebnahme: November 1993 Stammkapital: DM 2.000.000 Investitionsvolumen: ' DM 30.000.000 bis zur ersten Ausbaustufe Mitarbeiter: ca. IS Technische Daten der Recycling-Anlage Kapazitat des Zerdirators (Shredderanlage): Wiederverwertungsgrad der Wertstoffe: Restabfallmenge: Kapazitat der PVC-Aufbereitung: Keinheitsgrad des recycleten PVC: Silo-Kapazitat: 36 t/h 97,5% 2.5% 2 t/h 100% . 1.340 t CTL014618 I // Kunststiick mit Kunststoff Wertstoffkreislauf fur PVC-Fenster Die FENSTER RECYCLING INITIATIVE FREI - ein gemeinschaftliches Umweltprogramm von sechs namhaften Kunststoffenster-Systemherstellern sichert den Wertstoffkreislauf von PVC-Fenstern. Oko-Vereinbarungen mit den Fensterbau-Fachbetrieben verpflichten die Partner, ausgebaute Fenster der Wiederverwertung zuzufuhrert. Ein flachendeckendes Abholsystem sorgt fur die reibungslose und wirtschaftliche Ruckfuhrung zur zentralen Altfensterverwertung. Ausaereifte Technologies seit Jahren bei der Verwertung von Produktionsresten erprobt, ermoglichen die umfassende Wieder verwertung aller Wertstoffe. Der Wertstoffkreislauf ist geschlossen durch die Rucknahmeverpflichtung fur das PVC-Recydat und die Wiederverwertung bei der ProfilNeuproduktion. FREI: Eine Initiative, offen fur weitere Fensterprofilhersteller. FREI Fenster Recycling Initiative (Verwertungsgesellschoft fur Altfenster) GbR DyroffstroRe 2 53113 Bonn Ein gemeinschoftliches Umwelt-Progromm fijhrender Fenster-System-Hersteller fur das Recycling von Altfenslern CTL014619 /funststoffrobrverbdnde fOhren meZ- and HecycZinpsystem ein bundesweit HundenfreundZicbes 5am- Bonn, 27. Dezember 1993 - Die dem /funststoffrobrverband (VfBlQ bzw. der Gutegemeinscbaft /Canststoffro/ire (GKR) anpeborenden MitpZiedswer/ce haben - verbunden mit einer Huc/rnabmeverpfZicbtunp - ein 5ammeZ- and Wiedervenvertunpssystem fur Hobrreste sowie auspebaute Hobre und formteiZe aas /funs ts to ffen aZZer 4rt /ronzipiert. s wird mit Beginn des Jabres 1994 unter der Hepie der G/fH bundesweit einpefubrt. Das System siebt foZpende Scbritte vor: >4ufsteZZunp von Hertstoffboxen bei den HandeZsunternebmen der Baas to ff- and Sanitarbrancbe, aaf GroSbaasteZZen and bei den Bobrproduzenten. Die bereits beim WandeZ in proper Stuc/rzabZ im Z/mZauf befindZ icben G/f/?-Gitterboxen sind entsprecbend bescbiZdert and konnen von den HandZern in pewunscbter Menge bei den Pobrproduzenten anpefordert werden. Die InstaZZateare soZZen Pobrreste and aaspedientes PobrmateriaZ aas /funststoffen /cun ftip nicbt mehr zu Deponien brinpen, sondern zu den Hertstoffboxen beim HandeZ. Der frfoZp des SammeZns bdnpt damit entscbeidend von der a/rtiven Mitwir/cunp des WandeZs and seiner /Cunden ab. Die 4bfubr der voZZen Boxen zu einer der bisZanp 4 repionaZ einpericbteten SammeZsteZZen erfoZpt pZeicbfaZZs durcb die HerstelZenver/re. Hier werden die einpebenden MateriaZien sortiert and pereinipt. PobrmateriaZ aas P^C, PF and PP wird von einem Dnternebmen, das aas anderen /funststoffen von den betroffenen Hers te IZ enverken zurucPpenommen, aufbereitet and in eipener Pobrfertipunp wiederverwendet. Die erbebZicben /fosten far BereitsteZZanp der Zeeren and 4btransport der voZZen Boxen sowie fQr die penannten weiteren Scbritte peben zu lasten der MitpZiedswer/re von GKR and KRV. /fosten far WandeZ and /funden entsteben nicbt/ Dieses Sammel- and PecycZinpsystem deckt - einmaZip in DeutscbZand - eine pesamte Srancbe and aZZe von ibr verwendeten /fanststoffe ab. Das SammeZput fZieSt nacbweisZicb aZs Se/rundarrobstoff wieder in den ProductionsprozeS ein. Das System erfaZZt somit scbon jetzt die Punftipe PepeZunp des aaf bT'ederverwertunp der SePunddrrobstoffe pericbteten /freisZaufwirtscbafts- and 4bfaZZpesetzes and die damit verbandene poZitiscbe Forderanp nacb einem pescbZossenen MateriaZPreisZauf. Telefon (0228) 914 77-0 Telefax {02 28) 218124 8ei Verfiffenilichung Belegexemplar erbeten. CTL014620 TRANSLATION OF PROF. HALTONI ARTICLE PUBLISHED. IN COOP'S REVIEW 'CONSUKATORI" ((***) J HINERAL WATER IN PVC BOTTLES Plastics and foodstuffs, a controversial marriage. Studies seem to give PVC the go-ahead. Similar studies should be made for PET and for glass. THE GREEN LIGHT Can plastics be used as packaging materials or for manufacturing bottles for mineral water or other beverages ? This question has been discussed very often in the last few years, regularly submitted to public opinion and still remaining very actual. The problem is that soluble impurities in these plastics might migrate into food or beverages or might be formed through contact with the contents (water for instance). These substances likely to migrate contain monomers (which are small basic molecules that constitute polymers), products of different types added to optimize the type of plastic according to the different uses and other products formed during the use of the plastics. The plastic material that, among different types of plastics used by the food and beverage industries, has been, rightly of wrongly, the subject of major concerns and controversy, is without any doubt PVC. Why ? The reason for this particular attention is that vinyl chloride, the monomer constituting PVC, has proven to be carcinogenic and that the consideration of the carcinogenicity triggered off a real revolution in the sector of toxicology and industrial carcinogenicity and environment, not only for the assessment of the dimension of industrial carcinogenicity as a public health hazard, but also for scientific methodologies, the approach of the problem and the norms. TWENTY YEARS OF VINYL CHLORIDE Thanks to a project of experimental studies having no historic precedent, neither by its size nor by its systematic approach, launched in 1971 and lasting several years and conducted by the Experimental Laboratories of the Institute of Oncology of Bologna at the Bentivoglio Castle, it was proven in 1972-1974 that vinyl chloride is carcinogenic for different animal species and for many organs and tissues both by inhalation (VCM is indeed a gas) and by ingestion, diluted in oil. (*) ("Director of the Institute of Oncology" of Bologna General Secretary of the Collegium Ramazzini) CTL014621 2- - The tumor more specifically related to vinyl chloride was a rare form of malignant neoplasia, a tumor of the liver blood vessels, i.e. hepatic angiosarcoma. Our Institute's data have oriented and encouraged epidemiological studies that have confirmed the carcinogenic effect of this component on human beings, in particular thanks to the discovery of angiosarcomas in factory workers who had been exposed. The experiments of the Institute of Oncology of Bologna have also supplied information on the carcinogenicity of VCM with respect to the doses; these data have constituted to a great extent the basis of the standards on the acceptable levels of this component. Two lessons were drawn from the history of VCM carcinogenicity : 1) experimental studies can predict the carcinogenic effect of agents man is in contact with. 2) such studies can give indications that can be used to determine standards and to develop a specific technology, they can thus be considered as a development research. In view of the results concerning the carcinogenicity of VCM and the technological and economic importance of PVC, industry has taken a series of technical measures (of unprecedented extent and rapidity) to reduce the VCM concentration in workshop atmosphere and to cut drastically the levels of this component in plastics for packaging foodstuffs and pharmaceuticals. Until the VCM was found out to be carcinogenic, it had been present in high concentrations in plastics used for the food industry. I remember very well how the situation was clearly described at the time. After having published our data on the risk of this component, we got a letter from a representative of the whisky production and distribution. He told us that he was very worried about the fact that a VCM concentration of 20 ppm had been found in PVC barrels (simulating wood). He also asked us to comment on the possible risks. COMPARISON BETWEEN HINERAL WATER IN GLASS BOTTLES AND IN PVC BOTTLES There is a principle in Research and thus also in bio medical Research saying that Science has only one basis : the datum, and only one language : figures. A datum is the more precise as it reproduces and thoroughly analyzes the situation that is the subject of research. In order to know whether PVC bottles with low concentrations of VCM and other additives that may migrate, are compatible with public health, there was only one direct way : to make sure by adequate experiments that the ingestion of water contained in PVC bottles increased the occurrence of tumors or other effects on health in comparison with water packaged in traditional bottles, i.e. made of glass. CTL014622 In November-1988, five years ago, a mega-experiment was started in the experimental laboratories of the Institute of Oncology of Bologna at Bentivoglio Castle to assess the carcinogenics hazards of carbonated or non carbonated mineral water from PVC bottles compared to the same type of water from glass bottles. A research was made on 2,000 rats. 1,000 animals (50 % females, 50 % males) were fed with PVC-bottled water from birth till death (check-group). The mothers of these rats had drunk PVC bottled water before the conception and during pregnancy. This water had been bottled at least 1 or 2 months before and PVC tablets had been added of the same type as the one used for the bottles (eliminated before watering the animals) in order to intensify later on the possible migration of soluble contaminants. We can speak here, for the group of animals treated, of global and intensified feeding with water packaged in plastic bottles. The quantity of VCM found in the water contained in the PVC bottles was 10 to 150 ppt, i.e. 0.01 to 0.15 parts per billion of water. The biological phase of the Study lasted more than 3 years and- was followed by an elaboration phase of 18 months. The animals were checked during their whole life as to their weight, behaviour and pathology. After their decease, they were submitted to a complete autopsy and a systematic histological examination. For each rat, a systematic histopathological examination of at least 60 tissues and organs was carried out; so, this Study included the execution and examination of about 130,000 histologic sections. The research was carried out on a model animal well known by researchers. The latter have a long experience of mega tests, which as a model of biomedical research, have been almost perfected by the Laboratory of Bentivoglio. The study of mineral water in PVC bottles represents a prototype of controlled mega-experience that is the only scientific tool we have at our disposal to assess (mainly low potential) diffuse carcinogenic risks. The definition of diffuse oncological risks, the characteristics and the functions of the mega-experiments developed to identify them are shown in the attached table. The data have been completely analyzed and worked out a few weeks ago and the results can be summarized as follows : 1) among the 1,000 animals fed with mineral water packaged in PVC bottles and those fed with mineral water in glass bottles there were no noticeable differences concerning survival, weight, health conditions during the tests, typology and especially the effect on tumors. CTL014623 2) the result of the carcinogeneticity test is therefore negative; in other words, if there should be any risk, it is below the sensitivity limits of the mega-experiment carried out. 3) concerning the tumors, their effect among treated animals compared to control animals is the same, i.e 40.9 % for animals fed ^^h glass-bottled water and 39 % for those fed with PVC-bottled water. GLASS AND PET TO BE EXAMINED At least as far as PVC bottles.are concerned, we can say that we have today a convincing powerful experimental study which, since it has yielded negative results gives us satisfactory safety margins. But foodstuffs and beverages are also marketed and distributed in containers made of materials for which we do not have any study saying they are less hazardous. I am referring especially to glass and other pla-stics (besides PVC). Glass often contains components that can migrate, namely metal impurities. The quality of glass may vary depending on its origin or typology. The entity of these impurities should be studied - their risks should be better assessed and definite standards should be set for them, when the glass is to be used for foodstuffs and beverages. For plastics used for the manufacturing of bottles for beverages and food containers, still other types of polymers are used besides PVC : in particular for water bottles, PET is the secondly most widely used plastic material, after PVC in the bottle manufacturing sector. Regarding the toxicity and, the carcinogenicity of monomers constituting plastics other than PVC none have been studied like VCM and for many of them there are no studies or if they exist, they are inadequate; it is the case for those dealing with PET. \ We are convinced that it is imperative without any delay to submit also bottles made of plastics other than PVC and, in particular PET, to the same kind of studies as those that have characterized the biomedical research on VCM and PVC. In this connection we are now carrying out an experimental test of carcinogenity on acetaldehyde added in variable doses to drinking water : this compound migrating in water is indeed present as impurity in PET and moreover forms when PET is bought into contact with water. MINISTRY OF THE ENVIRONMENT Mymgt. 2, P.O.Box 8013 Dep., N-0030 OSLO, No: Tel: 4-47 22 34444 95 60 17 August 1993 PRESS INFORMATION MINISTRY OF ENVIRONMENT CONFIRMS GRANTING OF CONCESSIONAL LIMITS FOR NEW PVC PLANT AT RAFNES At a press conference in Porsgrunn today. The Minister of the -Environment. Mr Thorbjern Berrrtsen, stated that the Ministry today dismissed the appeals from the Norwegian Society for the Conservation of Nature and from Greenpeace against the granting of an emission permit for the PVC plant that Norsk Hydro plans building at Retries in Telemark. Hydro Rafries will thereby be permitted to produce up to 200,000 tonnes of PVC a year at a new plant at Rafries. It is required that most of the production at the present plant at Hereya be discontinued. In total, the emissions of environmentally harmful substances from PVC 'production will be reduced considerably, which wflf mean that the environment in Grenfand area will improve significantly. The new PVC plant will release vinyl chloride monomer (VCM), polyvinyl chloride (PVC) and organic matter to the atmosphere and to water. The Ministry's conclusion is that these emissions will have minor environmental consequences for the Grenland area. There are stringent rules concerning emissions, and the new plant is to replace most of the oid PVC plant at Heraya. This will mean an environmental Improvement in the Grenland area, as operations in the new plant will be based on modern technology. The Norwegian Society for the Conservation of Nature and Greenpeace maintain that too little is known about the environmental impact of PVC, and that PVC production and products both represent an unacceptable environmental hazard. Bellona Is positive to the establishment of a new PVC plant, although the organization has appealed some of the terms regarding emissions. The Ministry considers that enough is known about the PVC question to enable a decision to be taken at this stage. Several extensive investigations have been made to clarify questions in connection with PVC production, PVC products and waste problems. The Ministry has made its decision on the basis of available knowledge about PVC and expert opinions from the State Pollution Control Authority (SFT) and the Norwegian institute for Water Research (NIVA). The Ministry finds no substance in the environmental organizations' claim that granting a permit in this particular case will represent a breach of Norway's obligations under international agreements. On behaif of the Ministry, SFT has also made a comprehensive study of all the environmental angles of the production and use of PVC products and associated waste disposal. Reports issued previously by the Norwegian Plastics Federation end by the Co-ordinating Council for Packaging and the Environment are among the documents upon which the report recently submitted to the Ministry is based. It has Ovsrser:snisn~Slcn/02S5biw - Unofficial rrznctennn f-nm Pnr'HcH - CTL014625  '93 10/05 03:51 *310 303 81473 HYDRO PL MARKNAD 005/012 2- been concluded that the most practical way of solving the environmental problems associated with PVC is to stipulate requirements, first and foremost regarding the composition of PVC products and the handling of waste. Some points still remain to be clarified before the authorities can stipulate these requirements. Norway has taken the Initiative internationally to have the PVC industry scrutinized more closely in connection with the work of the Pans Commission. In conjunction with France, Norway wiil be responsible for making the preparations for this work. W CTL014626 ' 1 C I FCESS OFFICE 071 79$ 58 79 Ronnie C Hampel Deputy Chairman and Chief Executive C l . 2 .J . 1 7 ? 4 io c2 7^vi '-yL ICI Group Headquarters 9 Millbank London SW1P3JF Telephone 071 -834 4444 Telex 21324 ICIHQ G Fax 071 -834 2042 18th Jan 1994 f Thank you for your letter of 9th January in which you set out your concerns about ICI following "The Big Story" programme. I think I should seek to explain the actions taken by the police and our associated company in Wilhelmshaven in Germany when i Greenpeace members were allegedly trying to take samples from the outfall of our installation there. Greenpeace members had previously sought to create publicity by blocking the outfalls of our plants and those of other companies. These actions have caused operating emergencies which could have endangered the safety not only of our own employees and the surrounding community, but of the Greenpeace members themselves. In these circumstances we have to view any approach by Greenpeace to an outfall with concern. Hence police and EVC staff took action to prevent possible dangerous activities. We have no basic quarrel with Greenpeace, as long as they obey the law and do not cause damage or hazard. It was unfortunate that the programme appeared to condone illegal activities including break-in. We have nothing to hide about our activities and most certainly j do not wish to suppress evidence. We not only provide information as required by law but we also publish full lists of j our chemical emissions for everyone to see. We have invited ! Greenpeace into our plants to see our facilities and to discuss environmental policies. These invitations have not been accepted and we therefore find the actions of Greenpeace difficult to understand. CTL014627 1 ICI PRESS OFFICE 671 798 5679 01.26.1994 16:63 HO. 4 P. 4 2- - Whilst our environmental performance is not perfect, the level of our emissions is well within the law and in fact significantly below the levels permitted by the European Commission and individual country regulations. We are committed to improvement and have already reduced emissions of listed chemicals from this low base by over 50%. Last year we spent some 400 million on our environmental programme and on Teesside alone, over 100 million since 1990 reducing emissions and introducing new and cleaner production processes. As a result the quality of the Tees is improving; Salmon now pass up river and Dolphins were recently seen in the estuary for the first time in living memory. We expect further progress and improvement. I do hope my letter puts our position and performance into a better and somewhat more realistic perspective. 7 ... CTL014628 / U' incpen newsletter The Industry Council for Packaging and the Environment Packaging Directive Ministers reach Common Position at last At the special meeting on 15 December, the Environment Council arrived at a "political agreement" which, after legal scrutiny and insertion of the preamble, will be initialled as a "common position". - January 1994 f However, Germany, Denmark and the Netherlands voted against the political agreement on the grounds that: it does not meet the essential en vironmental principles of the Treaty, in particular the obligation to meet a high level of protection of the environment and the precautionary principle: it does not reflect the level of pre vention, reuse, recycling and recovery achieved in certain Member States and is hampering further developments in these fields. The Common Position will now go back to the European Parliament for a second reading before returning to the Council for final adoption. The Directive now covers all pack aging marketed in the EC and packag ing waste wherever it arises. Disposables have been dropped from this draft. The stated aims of the Directive are to: bring national measures closer together, so as to prevent or reduce impacts on the environment of all Member States and ofthird countries, and to remove obstacles to trade and distortion and restriction of competi tion within the Community; as top priority, prevent the produc tion of packaging waste. Other funda mental principles are a reduction in the amount of packaging waste for final disposal through reuse, recycling and other forms of recovery. Incpen has available a very full resumd from Perchards of the Directive as it now stands, with a commentary, and below are we set out some of the main provisions of the new text, with main changes in italics. Prevention Member states must take action to reduce the quantity and the harmful ness to the environment of materials and substances used and in genera!pro mote "clean"products and technology. Member States must ensure that other preventive measures are taken in ad dition to compliance with the "essen tial requirements", such as collecting and taking advantage of "the many initiaives being taken within Member States on packaging waste prevention". Re-use Member States may also encourage reuse systemsforpackaging which can be reused in an environmentally sound manner, in conformity with the Treaty. Targets Within five years of tits implemen tation deadline. Member States must set up systems to: recover at least 50% ofpackaging waste and no more than 65%; within this general target, a mini mum of25% and maximum of45% of the totality ofpackaging materials must be recycled; with no niaterial recycled at less than 15%. Later on there will be a review aimed atfixing "substantially increased" tar gets to be achieved ten years after the Directive comes into force. Upward derogations Member States with "appropriate capacities for recycling and recovery" may set themselves higher targets than these maximum recovery and recycling rates, but only on condition that -- the measures taken avoid distortions of the internal market, and do not hinder compliance by other Member States with the Directive. Member States proposing to take such action must pre-notify the Commission, which has to verify that the measures proposed do not consti tute an arbitrary means of discrim ination or a disguised restriction to trade between Member States. In a statement in the Council min utes, the Commission promises to con sult the other Member States when car rying out its appraisal, and will take into account the observations received and the effect ofthe proposed measures on "the territory and recycling systems" of the Member States. Notification Member States are to notify the Commission of: the drafts of measures they intend to adopt within the framework of this Directive so that the Commission can examine them in the light of existing provisions and if necessary ask the Member State to suspend their adoption; technical specifications linked to fiscal measures; measures they have already adopted. Recycled content "Where appropriate" Member States are to encourage the use of materials recovered from recycled packaging waste in the production of new pack aging and other products. cTL014 629 Marking A marking system is to be laid down within rwo years ofthe adoption ofthe Directive. Essential requirements Member States are to ensure that pack aging is placed on the market only if it complies with certain "essential requirements", which include min imisation of packaging weight and volume to the amount needed for safe ty and consumer acceptance of the packed product, and suitability for reuse, material recycling, energy recov ery or composting. Packaging which complies with the Directive is guaranteed free access Community markets. Heavy metal limits The sum ofthe concentration levels of lead, cadmium, mercury and hexavalent chromium may not exceed 600 ppm by weight two years after the Directive comes into effect. These lim its progressively tighten to a maximum of 250 ppm after three years and 100 ppm afterfive. There will be someflex ibility as regards the 100 ppm limit in respect ofrecycled materials and ma terials in closed and controlled loops (e.g reusable crates). The database Member states shall set up databases to provide information on the magni tude, characteristics and evolution of packaging and packaging waste flows in each Member State. The exact for mat in whichjhis information shall be supplied is to be laid down later, but the information sought is as follows: the quantities of each broad category of material consumed in primary, sec ondary and tertiary packaging within the country and the quantities reused; the quantities of household and non household packaging waste recovered and disposed of within the country, and the quantities recycled and quantities recovered for each broad category of material. Follow-up work Further work on the database, marking systems, adaption to technical progress, any specific measures necessary to deal with small packaging, luxury packag ing and medical and pharmaceutical packaging is to be covered by a pro cedure under which the Member States have the last word through a qualified majority vote. Comment: The timescale for adop tion ofthe Directive now depends very much on whether the European Parliament accepts the general thrust of the Council's Common Position or whether it chooses to fight hardfor something closer to the Opinion it drew up in mid-1993. If the Directive were to be adopted in Autumn 1994, the deadlinefor meeting the targets would be early in the year 2001, but it may be pushed back to 2002. CTL014630 r ASSOCIATION OP PLASTICS MANUFACTURERS IN EUROPE Avenue E. Van Nieuwenhuyse 4 Box 3 B - 1160 BRUSSELS Telephone (32-2) 675 32 97 Faciinule (32-2) 675 39 35 December 16, 1993 Plastics Industry committed to Packaging Directive The European plastics industry today welcomed the political agreement in the EC Environment Council as a step forward in the achievement of a harmonised legislative framework for packaging and packaging waste. / Nancy Russotto, director general of The Association of Plastics Manufacturers in Europe (APME), said : "The agreement, although not yet known in detail, sets a challenging agenda based on an ambitious regime of recovery and recycling targets. The plastics industry will work via national programmes towards these targets." "It is crucial for industries and for long-term environmental objectives to function within a clear legislative framework." APME recognises the need for a balance between a high standard of environmental protection and harmonisation of legislation across Europe to further enhance the single market. APME also welcomes the provisions which enable targets to be reviewed in the light of new scientific evidence including life cycle analysis. This acknowledges that new data or technologies may affect the choice of recovery options in the future. Mrs. Russotto said "It is vital that waste management policy encourages the development of new technologies and new assessment methods. "Highest recovery levels will be achieved and sustained by drawning on all the options reduction, re-use, mechanical and feedstock recycling and clean combustion with energy recovery. Other countries have demonstrated the benefits of this approach." APME confirmed that the plastics industry will continue its programme of investment in waste management initiatives and technologies which maximise the use of resources as well as continued investment in life cycle analysis data. CTL014631 S