On Tuesday 17 December, after two weeks of uncertain negotiations, the EU Council adopted its position on the regulation on the prevention of plastic pellet losses to the environment (see EUROPE 13539/12). This ‘general approach’ will serve as a basis for the EU Council in its negotiations with the European Parliament in 2025.
The regulation on microplastics aims to improve the handling of plastic pellets at all stages of the supply chain in order to reduce losses to the environment. In 2019, between 52,140 and 184,290 tonnes of pellets were released into the environment in the EU, the EU Council recalled on Tuesday 17 December. Pellets are one of the main sources of unintentional releases of microplastics, after paints and tyres.
Operators will have to follow good handling practices to avoid losses of plastic pellets. They will be responsible for cleaning up any losses. Transporters of plastic pellets from the EU and third countries will have to register with the national authorities of the Member States. They will be responsible for carrying out environmental inspections and verification measures. The EU Council added to the Commission’s proposal the obligation for third-country carriers to appoint an authorised representative in the EU.
The regulation will apply to economic operators handling more than five tonnes of plastic pellets in the EU per year, and to EU and non-EU carriers transporting them into the EU. The EU Council has extended the scope to include companies in charge of cleaning plastic pellet containers and tanks, as well as shippers, operators, agents and masters of sea-going vessels.
Companies handling more than 1,000 tonnes of pellets a year will have to obtain a compliance certificate issued by an independent third party. Microenterprises are excluded and small enterprises have four years to comply with this obligation. Companies handling less than 1,000 tonnes a year will draw up a self-declaration of conformity.
The EU Council is requiring authorities to ensure free and public access to data on the handling of plastic pellets.
The inclusion of the maritime sector was divisive. During the exchange, Member States stressed the need to reconcile the fight against the loss of plastic pellets with the reduction of administrative burdens. To this end, the EU Council is giving companies 24 months before the regulation comes into force, and 36 months for the maritime sector.
The inclusion of the maritime sector was nevertheless one of the main points of disagreement between the Member States. Opponents have been reassured by the introduction of a 36-month period before the text comes into force for the maritime sector, and by the alignment (via a revision clause) with the measures of the International Maritime Organization (IMO), when they are adopted.
However, Latvia, Bulgaria, Cyprus, Greece and Malta regretted the inclusion of an entire sector without any prior impact analysis. These countries all fear a loss of competitiveness. “The industry in the sector has not been sufficiently consulted”, deplored the Cypriot Minister for the Environment, who submitted a statement co-signed with Malta and Greece to the minutes of the meeting.
Several countries, such as Sweden, the Czech Republic and Luxembourg, would have preferred a more rapid implementation. The Czech Minister for the Environment, Petr Hladík, was hoping for “a higher level of ambition” and compared the 36-month delay granted to the maritime sector to “a delay in the application of measures”, shipping being, in his view, an “essential sector that would have required more rapid action”. (Original version in French by Florent Servia)