The European Commission proposed on 16 October for the first time measures to prevent microplastic pollution from the unintentional release of plastic pellets.
Advertisement
What are plastic pellets and why are they of concern for the environment?
Plastic pellets are the raw material used for producing all plastics, also referred to as nurdles, nibs and resin pellets. Most pellets are microplastics (up to 5mm), while a minor part might be slightly bigger.
During manufacturing or other processes in the supply chain (e.g. transport), a fraction of those pellets can be spilled or lost to the environment. Once in the environment, these small particles of plastics do not biodegrade and cannot be removed. They accumulate in animals, including fish and shellfish, and are consequently also consumed by humans in food. They contribute to the pollution with microplastics, which have been found in marine, freshwater and terrestrial ecosystems as well as in food and drinking water. Their continued release contributes to permanent pollution of our ecosystems and food chains. Exposure to microplastics in laboratory studies has been linked to a range of negative (eco)toxic and physical effects on living organisms. It is also likely that microplastics are toxic to humans.
What will be the costs and economic benefits of the new measures?
In line with the ‘polluter pays’ principle, the economic operators should bear the costs of the measures required to comply with the requirements and demonstrate compliance via third-party certification or self-declaration. These costs are expected to be limited. The public authorities in the Member States are responsible for checking compliance, and in the case of non-compliance, for imposing corrective measures and, where relevant, penalties. There are no costs for citizens.
For businesses that own pellets, benefits include an estimated economic gain for fewer pellet lost of 23 to 127 million.
There are positive knock-on economic impacts on certain sectors. For example, for the commercial fishing sector, fewer pellets will be lost to the marine environment and marine species will be affected less, including oyster and seabass. Similarly, there will be fewer pellets lost to wastewater and in the sewage sludge resulting from wastewater treatment, so fewer pellets lost to the soil after sludge is applied to agricultural land.
Why is the Commission prioritising the regulation of pellets among the different sources of microplastics pollution?
The Commission has already undertaken many actions to fight plastic pollution, both in the EU and internationally. This includes initiatives on plastic products such as single-use plastics and packaging, as well as measures on intentionally added microplastics in products. Amongst the products responsible for unintentional microplastic release, the leakage of pellets into the environment is mostly due to lack of awareness and poor handling and is therefore largely preventable today in a cost-effective manner. No changes to product or consumer behaviour are required to prevent and reduce pellet losses. Consistent implementation of existing best handling practices (already available to the businesses) at all stages of the supply chain, and by all actors, can reduce plastic pellet loss.
The contribution of tackling pellet losses is known: a reduction of pellet losses (from 22 628 tonnes/year to 126 559 tonnes/year or a 54% to 74% decrease compared to the baseline) has the potential to achieve up to 1/4th of the overall reduction target of 30% release of microplastics by 2030. Acting now to prevent and reduce pellet losses does not prejudge any future action on other sources.
How is the Commission addressing other main sources of microplastics pollution?
The EU has taken a number of regulatory initiatives to tackle pollution coming from plastic products that end up in the environment and degrade there into microplastics. These measures, such as the Single-Use Plastics Directive and the proposal for a new EU regulation on packaging, contribute to reducing the generation of plastic waste, improving its collection and recycling, and incentivising the use of recycled content in new products. The Commission has also proposed to consider microplastics release as one of the parameters for setting product policy requirements under its proposal on Ecodesign for sustainable products.
The EU has also put in place or proposed several other laws which are linked to monitoring of microplastics pollution downstream (including the Marine Strategy Framework Directive, the proposed revision of the Urban Waste Water Treatment Directive, revised Drinking Water Directive, the Bathing Water Directive and the Water Framework Directive). The Industrial Emissions Directive regulates the prevention and management of pollution from large industrial facilities.
The Commission very recently adopted measures to restrict microplastics intentionally added to products, under a REACH restriction.
As regards unintentional microplastic releases from other main sources such as paints, tyres, synthetic textiles, geotextiles and, to a lesser extent, detergent capsules:
Paints Paints are widely used and on average 37% plastic polymer-based, making them a significant source of microplastic releases. The full environmental profile and life-cycle assessments of polymer and mineral paints are not available yet. The proposed Ecodesign for Sustainable Products Regulation provides the framework to address a broad range of sustainability challenges, including microplastic release.
Tyres Tyre abrasion leads to the release of microplastics. It is already being targeted in the EURO 7 Regulation proposal with specific limits set for tyre abrasion. The Tyre Labelling Regulation is the instrument where providing relevant information to consumers could be potentially considered.
Synthetic textiles Most apparel is now made out of plastic fibres that release microplastics. Better understanding of releases from synthetic textiles on the basis of a standardised measurement methodology is needed, along with more life-cycle data of alternatives’ impacts. The Ecodesign for Sustainable Products Regulation provides the framework to address a broad range of sustainability challenges, including microplastic release, together with the revision of the Textile Labelling Regulation, as announced in the EU Strategy for Sustainable and Circular Textiles.
Geotextiles Geotextiles are a source of microplastic releases as they are mostly synthetic, used in harsh conditions and not removed at the end of their service life. Such products fall under the framework of the Construction Products Regulation.
Detergent capsules Laundry and dishwasher detergent capsules often rely on a dissolvable plastic film to dispense their product during the wash. However, the complete biodegradation of this film is not yet demonstrated and may possibly cause microplastic pollution. The proposal for a revised Detergent Regulation provides for empowering the Commission to lay down biodegradability requirements and testing methods for detergent capsules when new scientific evidence so requires.
How does this Regulation relate to REACH? And why is the REACH restriction on intentionally added microplastics not sufficient to tackle pellet losses?
The REACH restriction addresses microplastics intentionally added to products. Concerning plastic pellets, losses are only partially covered by the REACH restriction. This restriction addresses plastic pellets as one of the releases that are avoidable, by imposing two provisions. The first provision concerns information to be provided by operators on the use of pellets e.g. via labelling. The second provision concerns reporting on the estimates of quantities released on an annual basis. Both are not further specified. These provisions will increase information on pellet losses but they do not directly prevent or reduce pellet losses.
By setting comprehensive mandatory requirements on their handling, today’s proposal complements the pellet provisions contained in the REACH restriction. The standardised methodology to estimate losses included in the proposal will also usefully complement the pellet provisions contained in the REACH restriction, as a methodology is not provided under REACH.
Who is concerned by this proposal? How has the Commission taken into account small and medium-sized enterprises (SMEs)?
All installations handling more than five tonnes of plastic pellets per year and carriers that transport pellets fall under the scope of the proposal. This means all pellet related operations like production, master batching and compounding, conversion, waste management, including recycling, distribution, repacking, transport, storage and cleaning at cleaning stations. The threshold of five tonnes was introduced to mitigate the impacts of the regulation.
The proposal contains minimum requirements for all operators, and additional requirements that are applicable to medium and large businesses dealing with more than 1,000 tonnes of plastic pellets per year.
The Commission carried out a dedicated consultation targeting SMEs handling pellets in early 2023 to understand the potential impacts of different options for SMEs including on their competitiveness. Most respondents were in favour of making the requirements mandatory under the condition that they are lighter for micro and small companies, as well as companies with capacities below 1,000 tonnes. We have sought to minimise the administrative burden of the proposed improvements by systematically selecting options that have a low administrative burden, as shown by the impact assessment. The proposal therefore looks carefully at the impacts on SMEs and contains lighter requirements for smaller enterprises (micro- and small) and (medium and large-sized) enterprises operating installations handling plastic pellets in quantities below 1,000 tonnes per year:
- No obligation of carrying out an internal assessment;
- No obligation of certification but of self-declaration of conformity;
- No obligation of reviewing at formal management meetings certain compliance information;
- No obligation of establishing an awareness and training programme.
- No obligation of settling the procedures for informing drivers, suppliers and subcontractors about the relevant procedures to prevent, contain and clean up spills and losses.
For medium-sized enterprises operating installations handling plastic pellets in quantities higher than 1,000 tonnes per year, certification will have a longer transitional period than for large enterprises before first certification (36 months instead of 24) along with a longer validity of the certificate (four years instead of three). Similarly, specific requirements apply to carriers transporting plastic pellets in light of the specificities of their pellet-related activities.
Given the part of the turnover of the plastics sector (EUR 405 billion) in the EU27 in 2021 that the estimated cost of the preferred option represents (about 0.13% of the EU plastics sector turnover), the additional cost of the preferred option is likely to have a very minor negative impact on the competitiveness of the EU pellet producers, as measures only apply to operations within the EU. If/when other countries adopt similar requirements, for example through an international agreement such as the Global Plastic Treaty, EU companies will be global frontrunners well placed to seize market opportunities from such regulation.
How will the Commission support the implementation of the Regulation?
Ahead of the proposal, the Commission has extensively consulted Member States and all stakeholders that will be affected by the new rules and will follow up throughout the implementation process.
Requirements for installations and carriers are based on the industry-driven Operation Clean Sweep® programme (OCS) and the non-binding Recommendation adopted by the parties to the Convention for the Protection of the Marine Environment of the North-East Atlantic (OSPAR). They are detailed enough to ensure effective implementation and enforcement, and flexible to accommodate specificities.
To ensure that micro, small and medium-sized enterprises (SMEs) in the pellet supply chain do not face proportionally higher costs and difficulties when complying with some of the requirements, the Commission and the Member States will provide access to information and assistance. At EU level, SMEs can consult the InvestEU Advisory hub for support with complying with requirements, in collaboration with the European Enterprise Network.
Proposal for a Regulation on preventing pellet losses to reduce microplastic pollution
Proposal for a Restriction on intentionally added microplastics
Proposal for a Regulation on EURO 7 related to release of microplastics from tyres
Brochure on EU action against microplastic pollution
Source: European Commission
