Billions Europe Limited
Lomon Billions is now the world’s 4th largest producer of high performance titanium dioxide pigments, and 1st in Asia in terms of TiO₂ pigment production capacity.
ID: 302544233897-71
Lobbying Activity
8 Feb 2019
Inter-service consultation on amendment to Annex VI of the EU’s Classification and Labelling (CLP) Regulation for its adaptation to technical progress (ATP) – including titanium dioxide (TiO2)
Lomon Billions is the world’s 4th largest producer of high-performance TiO2 pigments globally with a strong and expanding European presence. Lomon Billions welcomes the opportunity to provide the following comments.
The proposal to classify TiO2 as a suspected carcinogen (cat.2) by inhalation is moving ahead despite significant Member Sate reservations about the process, the added value for human health, and its wide-ranging impacts.
Lomon Billions support the alternative regulatory options tabled by the member states to ensure worker protection, while addressing the evident wider issues.
In this regard we would like to highlight the following:
CREATING NEEDLESS WIDE-REACHING RESTRICTIONS FOR EVERYDAY PRODUCTS AND CONFUSING CONSUMERS
The classification under CLP of a substance automatically triggers specific provisions in downstream legislation irrespective of the route of exposure. TiO2 would be banned from use in pharmaceuticals, cosmetics and toys, even though the hazard (inhalation) is not present. Unless exemptions can be secured, which is a demanding and time-consuming process, the quality of the consumer products in which TiO2 is a safe and essential component would be undermined.
LEADNING TO MAJOR DISRUPTION TO RECYCLING OF WASTE, DAMAGING THE OVERALL CIRCULAR ECONOMY AGENDA
The downstream regulatory impacts are likely to severely impact the circular economy as waste containing >1% TiO2 would automatically be classified as hazardous, even though there is no potential for inhalation of TiO2 as it is bound in the waste. As vast amounts of materials contain TiO2, it will create significant technical challenges and increase costs related to hazardous waste handling and recovery, meaning that safe products are taken out of the circular economy. For example, the annual recycling of 1.25 million tonnes of plastic is at stake which could result in an increased release of 1.8 to 2.4 million tonnes of CO2 if replaced by virgin raw material.
IGNORING THAT A NUMBER OF MEMBERS STATES HAVE RAISED STRONG RESERVATIONS
Given the open issues, we understand several member states have raised reservations. In addition to raising reservations, Germany and Slovenia/UK have tabled alternative regulatory options, meeting the goal of addressing the hazard described in the RAC’s opinion and addressing the wider issues. We support these proposals and are fully committed to advance a meaningful resolution as quickly as possible.
STARTING A DOMINO EFFECT WITH HUGE IMPACTS FOR EU INDUSTRY AND CONSUMERS
As stated in the European Chemical Agency’s opinion, the hazard described for TiO2 extends to all poorly soluble dusts, a group of around 300 substances including all relevant potential substitutes for TiO2. This is setting a precedent that would logically require all soluble dusts go down the same regulatory path to ensure equal treatment. The decision on this file could therefore have huge consequences for industries and consumers in the EU, risking the withdrawal of a plethora of essential products and have additional circular economy impacts. The explanation of these impacts on citizens would go back to the EU decision on TiO2, made without full clarity on its repercussions and without consideration of alternative options presented by the member states.
The way forward
We ask that the better regulation steps are carried out, as required for secondary legislation with significant economic, environmental or social impacts, to make an informed and proportional decision in this precedent-setting case. The adaptation of the CLP (ATP) can continue without TiO2, while an impact assessment and legal review are completed, and the alternative regulatory options proposed.
We would appreciate the opportunity to discuss this further.
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