Joint Association Statement of Support for the proposal of REACH Restriction on Nitrous Oxide with Derogations for Culinary Uses
The undersigned associations representing the European cylinder makers and the private European waste management sector welcome the European Commission’s proposal for a REACH restriction on nitrous oxide (N₂O). Our associations have been closely monitoring the evolution of this dossier and recognise the Commission’s commitment to risk-proportionate regulatory action. We support the intention of the restriction to regulate N2O while maintaining access for legitimate uses.
Basis of the Derogation
We support the limitation of the derogation to small cartridges intended for culinary purposes ensuring that individuals will continue to have access to sufficient quantities of nitrous oxide for legitimate uses (i.e. as a food additive) while preventing its misuse due to of large canisters.
Waste and Safety Considerations
We believe the proposed restriction based on volume thresholds will effectively target large N₂O canisters, which have been repeatedly identified by waste management operators as a critical hazard along the waste management value chain, and particularly at waste incineration facilities. Improper disposal of these canisters has been linked to explosions resulting in safety risks for employees, extensive damage, unplanned downtime and increased operational costs for waste facilities across several Member States.
Call to Action
The undersigned associations call on the Member States and the European Commission to adopt without undue delay the proposed REACH restriction on N₂O, including the derogation for smaller-volume culinary uses as drafted. A harmonised EU restriction will close enforcement gaps across the Union, ensure coherent implementation, and deliver a high level of protection for human health and the environment. It will be key to the enforcement of this restriction that the availability of larger canisters to professionals is strictly controlled to avoid the continuation of the recreational market.
Implementation and effectiveness of the measures have to be carefully monitored, making sure there is no abuse of the derogation.
It will also be essential to ensure strict enforcement of the restriction on online sales, including effective controls to prevent circumvention and misuse.
CEWEP (Confederation of European Waste-to-Energy Plants) is the umbrella association of the operators of Waste-to-Energy plants across Europe. CEWEP’s members are committed to ensuring high environmental standards, achieving low emissions and maintaining state of the art energy production from remaining waste that cannot be recycled in a sustainable way.
The European Cylinder Makers Association (ECMA) represents manufacturers of both refillable and non-refillable high-pressure gas cylinders in Europe. ECMA is dedicated to ensuring the safety and technical excellence of gas cylinders. It actively participates in developing technical standards at both the European (CEN) and international (ISO) levels. Additionally, ECMA represents its members in regulatory forums such as the United Nations Committees on the Transport of Dangerous Goods and contributes to European Union legislation on gas cylinders.
FEAD is the European Waste Management Association, representing the private waste and resource management industry across Europe, including 21 national waste management federations and 3,000 waste management companies. Private waste management companies operate in 60% of municipal waste markets in Europe and in 75% of industrial and commercial waste. This means more than 500,000 local jobs, fuelling €5 billion of investments into the economy every year. For more information, please contact: info@fead.be