Written on: March 1, 2025 by Cassandra Taylor
Global Plastics Treaty negotiations
The Global Plastics Treaty negotiations, initiated by the
United Nations Environment Program (UNEP) in 2022, aim to establish a legally binding international agreement to address plastic pollution across its entire lifecycle—from production to disposal. Despite multiple negotiation sessions, the most recent being the fifth session (INC-5) held from Nov. 25–Dec. 1, 2024, in Busan, South Korea, a consensus has yet to be reached.
A significant divide exists between countries advocating for capping plastic production to mitigate pollution and those opposing such measures. Supporters of production limits include the European Union (EU) and the “High Ambition Coalition,” which includes nations such as the UK, Canada, and several African, Latin American and Pacific countries. The need for binding reduction targets for virgin plastic production was supported by more than 100 countries at INC-5. Conversely, major oil-producing countries, such as Saudi Arabia and Russia, resist these caps, favoring enhanced waste management and recycling efforts instead.
In addition, disagreements persist over banning or restricting certain chemicals used in plastic production. The EU proposes eliminating chemicals of concern in plastics and phasing out problematic products, including certain single-use plastics. Another contentious issue is the enforcement mechanisms of the treaty, with debates ongoing about whether decisions should be made by consensus or through voting procedures. The absence of a clear decision-making process has contributed to the stalemate in negotiations.
The INC-5 session concluded without a finalized treaty, leading to plans for continued negotiations into 2025. The EU expressed regret over the inconclusive outcome, emphasizing the urgent need for a global solution to plastic pollution, especially given projections that plastic production could triple by 2060 if current trends persist. Preparations for further negotiations are underway, with additional meetings of the negotiating committee anticipated over the next year.
In the meantime, countries are expected to maintain and strengthen their national efforts to combat plastic pollution, while global discussions continue to work toward a unified agreement.
Health Canada Plastics Registry Guidance
In a related development, Health Canada has released guidance for Phase 1 of reporting to the Federal Plastics Registry (FPR), which I covered in my December 2024 SPRAY column. Phase 1 focuses on the collection of 2024 data relating to production of plastic packaging, electronic and electrical equipment, and single-use or disposable products; the deadline is Sept. 29, 2025.
The guidance outlines how to determine if an entity is obligated to submit; identifies who can report on behalf of obligated entities; and clarifies which resins, plastic packaging and products fall under the disclosure requirements. It also specifies the administrative information that must be submitted, the details required concerning the plastics being reported and the calculation methods to be used. To support stakeholders further, the guidance provides examples and a Frequently Asked Questions (FAQ) section to assist with compliance.
Additionally, Health Canada has made a foreign supplier letter available to help entities communicate reporting obligations with their foreign suppliers. This letter is available in English, French, Simplified Chinese and Spanish. For a copy of the guidance document, the foreign supplier letter or for inquiries about reporting requirements, contact RFP-FPR@ec.gc.ca.
Updates to Europe’s CLP Regulation
The revised CLP Regulation, effective Dec. 10, 2024, introduces several updates to enhance chemical safety and transparency. It clarifies rules for the classification of mixtures and substances with multiple constituents, emphasizes grouping in harmonized classification, as well as enhances labeling requirements, including provisions for digital labels. The changes also include updates to the information submitted to and published in the Classification & Labeling Inventory and grant the European Commission the authority to request ECHA or EFSA to prepare harmonized classification proposals. Additionally, it establishes rules for selling chemicals at refill stations and specifies the role of distributors as duty holders for poison center notifications.
The update builds on the introduction of new hazard classes for substances, which include:
• Endocrine disrupters;
• Persistent, bioaccumulative and toxic (PBT) substances;
• Very persistent and very bioaccumulative (vPvB) substances;
• Persistent, mobile and toxic (PMT) substances; and
• Very persistent and very mobile (vPvM) substances
These are now recognized as hazards of the highest concern, typically requiring harmonized classification.
Companies are required to review their portfolios to assess the impact of these changes on their substances and mixtures. They must inform ECHA of any new classifications by updating their REACH registration dossier or CLP notification. To support these changes, ECHA has published updated guidance on the application of CLP criteria. The recommendations are now organized into five separate documents for easier use and accessibility. Additional updates to existing guidance documents are anticipated in 2025, including guidance on labeling and guidance on Annex VIII (poison centers).
ECHA enforcement update
In January 2020, Regulation (EU) 2020/878 came into effect, following the EU Commission’s revision of Regulation (EU) 2015/830 (REACH Annex II). This amendment, which aligned with the 6th and 7th revisions of the UN GHS, brought significant updates to SDS requirements. It introduced new subsections and expanded the detail required in various sections and subsections. As a result, suppliers were mandated to revise and update SDSs for substances and mixtures placed on the EU/EEA market to comply with these enhanced requirements.
In 2023, ECHA’s Forum for Exchange of Information on Enforcement carried out the REACH-En-Force
(REF-11) project to assess compliance with the new requirements introduced by Regulation (EU) 2020/878. The project evaluated the accuracy and coherence of information in SDSs, focusing on classification, risk management measures and overall content.
Key changes in information requirements that were reviewed included the addition of new subsections; specific details on nanomaterials; substances with endocrine-disrupting properties; and the inclusion of specific concentration limits (SCL), acute toxicity estimates (ATE) and multiplication factors (M-factors) for applicable substances.
The project was conducted in 28 Member States with a total of 2,528 product SDSs checked for compliance. Inspectors involved in the REF-11 project found that 35% of the inspected SDSs did not comply with the legislation. Non-compliance was attributed either to the content failing to meet the required standards or, in about 5% of cases, to the SDS not being provided at all. The biggest challenges identified were the lack of information on nanoforms and endocrine-disrupting properties. These were missing in 67% and 48% of the inspected SDS, respectively, where such information was required. Additionally, 16% of the SDS reviewed lacked information mandated by authorization decisions.
To address non-compliances identified during ECHA’s REF-11 project, inspectors predominantly issued written advice to the responsible parties. In more severe cases, they implemented administrative orders, imposed fines and, in some instances, filed criminal complaints to enforce compliance with REACH requirements.
As global environmental and safety challenges continue to escalate, businesses and governments must remain proactive, ensuring they contribute to a more sustainable and transparent future for both industry and the environment.
We will continue to monitor the initiatives and enforcement measures discussed in this article and provide updates as new developments unfold. SPRAY
