Innspill til EU-forslag om forbud mot salg av lystgass

Response to Draft Act: Amendments to REACH Annex XVII (CMR Substances) – Dinitrogen Oxide

Support for the restriction on general sale

Sirk Norge fully supports the Commission's proposal to include dinitrogen oxide (laughing gas) in Appendix 6 (Reprotoxicants: Category 1B) and the corresponding restrictions on general sale in Entry 30. We welcome the acknowledgement in Recitals 6 and 7 of the misuse of this substance as a drug. The unregulated availability of this substance to the general public has demonstrably resulted in severe safety risks for the waste management
sector in recent years.

Our industry has experienced a rise in incident frequency where discarded dinitrogen oxide cylinders have exploded in refuse collection vehicles, waste compactors, and incineration plants due to pressure and heat. These explosions pose a direct threat to the safety of waste workers and can cause significant damage to critical infrastructure for waste treatment and
energy supply. Therefore, we fully welcome a restriction that effectively bans the sale of large cylinders to the general public, as these pose the greatest explosion hazard in residual waste streams.

Conditions for the derogation for food additives

Regarding the derogation (Appendix 11, Entry 3) allowing small canisters (< 24 ml) for food additives, Sirk Norge acknowledges that limiting volume is a positive step. However, note that small canisters still cause littering problems and challenges when misallocated in residual waste. Consequently, if this derogation is adopted, Sirk Norge strongly urges the Commission to emphasize the need for supplementary measures to ensure safe waste management. Sirk Norge recommends:

1. Extended Producer Responsibility - Include all dinitrogen oxide canisters under EPR in the PPWR. Importers and producers must be held financially and physically responsible for the collection and safe treatment of these products to prevent them from entering the residual waste stream;
2. Deposit Return Schemes - Implement DRS for professional-use canisters in the PPWR. Implementing a deposit system for the permitted canisters would significantly increase collection rates and reduce the risk of explosions in waste facilities;
3. Strict Sales Controls - We support the proposed age verification requirements, but to ensure the 120 ml/day limit we recommend restricting sales to specialized retailers, and prohibit the possibility of online sales to the public.

Sirk Norge explicitly supports Paragraph 2 of the proposed derogation (Appendix 11, Entry 3), which states that the regulation is "without prejudice to national legislation setting stricter measures". It is vital that Member States retain the legal flexibility to implement higher age limits (e.g., 20 years) or stricter sales bans if necessary to combat local substance abuse trends and protect waste management infrastructure.