What changed

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

ORDINARY LEGISLATIVE procedure

on the proposal for a regulation of the European Parliament and of the Council on preventing plastic pellet losses to reduce microplastic pollution

(First reading without prior interinstitutional negotiations)

(COM(2023)0645 – C9-0378/2023 – 2023/0373(COD))

Follow up to the European Parliament legislative resolution on the proposal for a regulation of the European Parliament and of the Council on preventing plastic pellet losses to reduce microplastic pollution

(Ordinary legislative procedure: first reading)

1. Rapporteur: João ALBUQUERQUE (S&D / PT)

The European Parliament,

2. Reference numbers: 2023/0373 (COD) / A9-0148/2024 / P9_TA(2024)0307

– having regard to the Commission proposal to Parliament and the Council (COM(2023)0645),

3. Date of adoption of the resolution: 23 April 2024

– having regard to Article4. 294(2)Legal andbasis: Article 192(1) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C9-0378/2023),Union

– having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

5. Competent Parliamentary Committee: Committee on Environment, Public Health and Food Safety (ENVI)

– having regard to the opinion of the European Economic and Social Committee of 14 February 2024,

6. Commission's position:

– after consulting the Committee of the Regions,

Welcomes the support of the Parliament concerning core elements of the proposal.

– having regard to Rule 59 of its Rules of Procedure,

Expresses concerns about certain new, burdensome obligations, especially for small enterprises, in particular regarding the change of regulatory logic i.e. making all the measures in Annex I compulsory for all operators.

– having regard to the opinion of the Committee on Industry, Research and Energy,

Regarding the inclusion of maritime transport of pellets, the Commission insists on global rules while remaining available to assist the co-legislators in exploring possible measures at EU level taking into account the developments linked with the International Maritime Organization (IMO).

– having regard to the report of the Committee on the Environment, Public Health and Food Safety (A9-0148/2024),

1. Adopts its position at first reading hereinafter set out;

2. Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

3. Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Amendment 1

Proposal for a regulation

Recital 1

Justification

The inclusion of additives and substances of concerns is aligned with the definition of plastic pellets developed in the OSPAR Recommendation 2021/06 on the reduction of plastic pellet loss into the marine environment, OSPAR 21/13/1, Annex 30.

Amendment 2

Proposal for a regulation

Recital 4

Amendment 3

Proposal for a regulation

Recital 7

Amendment 4

Proposal for a regulation

Recital 7 a (new)

Amendment 5

Proposal for a regulation

Recital 7 b (new)

Justification

These elements are developed in several international reports, including the Report 'Stemming the tide: putting an end to plastic pellet pollution' published by the NGO Fauna and Flora International in 2022’ and the OSPAR Background document on pre-production Plastic Pellets (2018).

Amendment 6

Proposal for a regulation

Recital 9

Amendment 7

Proposal for a regulation

Recital 9 a (new)

Amendment 8

Proposal for a regulation

Recital 12

Amendment 9

Proposal for a regulation

Recital 15

Amendment 10

Proposal for a regulation

Recital 16

Amendment 11

Proposal for a regulation

Recital 18

Amendment 12

Proposal for a regulation

Recital 20

Amendment 13

Proposal for a regulation

Recital 23

Amendment 14

Proposal for a regulation

Recital 24

Amendment 15

Proposal for a regulation

Recital 25

Amendment 16

Proposal for a regulation

Recital 32

Amendment 17

Proposal for a regulation

Recital 33

Justification

While it is of course preferable to have a standardised reporting methodology for pellet losses, absence of such a method should not lead to economic operators not reporting pending the adoption of the standardised methodology. It should therefore be clarified that pending the adoption of the standardised methodology, economic operators should indicate the methodology used when reporting losses of plastic pellets.

Amendment 18

Proposal for a regulation

Recital 38

Amendment 19

Proposal for a regulation

Recital 39

Amendment 20

Proposal for a regulation

Article 1 – paragraph 1

Amendment 21

Proposal for a regulation

Article 2 – paragraph 1 – point a

Amendment 22

Proposal for a regulation

Article 2 – paragraph 1 – point a a (new)

Amendment 23

Proposal for a regulation

Article 2 – paragraph 1 – point b

Amendment 24

Proposal for a regulation

Article 2 – paragraph 1 – point c

Amendment 25

Proposal for a regulation

Article 2 – paragraph 1 – point d

Amendment 26

Proposal for a regulation

Article 2 – paragraph 1 – point f

Amendment 27

Proposal for a regulation

Article 2 – paragraph 1 – point g

Amendment 28

Proposal for a regulation

Article 3 – paragraph 1

Amendment 29

Proposal for a regulation

Article 3 – paragraph 3

Amendment 30

Proposal for a regulation

Article 3 – paragraph 3 a (new)

Amendment 31

Proposal for a regulation

Article 3 – paragraph 4

Amendment 32

Proposal for a regulation

Article 4 – paragraph 2

Amendment 33

Proposal for a regulation

Article 4 – paragraph 2 a (new)

Amendment 34

Proposal for a regulation

Article 4 – paragraph 3 – point a

Amendment 35

Proposal for a regulation

Article 4 – paragraph 4

Amendment 36

Proposal for a regulation

Article 4 – paragraph 7 – subparagraph 1 – introductory part

Amendment 37

Proposal for a regulation

Article 4 – paragraph 7 – subparagraph 1 – point a

Amendment 38

Proposal for a regulation

Article 4 – paragraph 7 – subparagraph 1 – point c

Amendment 39

Proposal for a regulation

Article 4 – paragraph 8

Amendment 40

Proposal for a regulation

Article 4 – paragraph 9 – introductory part

Amendment 41

Proposal for a regulation

Article 4 – paragraph 9 – point b

Amendment 42

Proposal for a regulation

Article 4 – paragraph 9 – point c

Amendment 43

Proposal for a regulation

Article 4 – paragraph 9 – subparagraph 1 a (new)

Amendment 44

Proposal for a regulation

Article 5 – paragraph 2

Amendment 45

Proposal for a regulation

Article 5 – paragraph 2 a (new)

Amendment 46

Proposal for a regulation

Article 5 – paragraph 3

Amendment 47

Proposal for a regulation

Article 7 – paragraph 1 – introductory part

Amendment 48

Proposal for a regulation

Article 8 – paragraph 1

Amendment 49

Proposal for a regulation

Article 8 – paragraph 2 – introductory part

Amendment 50

Proposal for a regulation

Article 8 – paragraph 2 – point a

Amendment 51

Proposal for a regulation

Article 8 – paragraph 3 a (new)

Amendment 52

Proposal for a regulation

Article 9 – paragraph 1 – introductory part

Amendment 53

Proposal for a regulation

Article 9 – paragraph 1 – point a

Amendment 54

Proposal for a regulation

Article 9 – paragraph 1 – point a a (new)

Amendment 55

Proposal for a regulation

Article 9 – paragraph 1 – point b

Amendment 56

Proposal for a regulation

Article 9 – paragraph 2

Amendment 57

Proposal for a regulation

Article 9 – paragraph 3

Amendment 58

Proposal for a regulation

Article 10 – paragraph 2

Amendment 59

Proposal for a regulation

Article 11 – paragraph 1

Amendment 60

Proposal for a regulation

Article 12 – paragraph 1

Amendment 61

Proposal for a regulation

Article 12 – paragraph 2 – subparagraph 1

Amendment 62

Proposal for a regulation

Article 12 – paragraph 2 – subparagraph 1 a (new)

Amendment 63

Proposal for a regulation

Article 12 – paragraph 2 – subparagraph 2 – introductory part

Amendment 64

Proposal for a regulation

Article 12 – paragraph 2 – subparagraph 2 – point b

Amendment 65

Proposal for a regulation

Article 12 – paragraph 2 – subparagraph 2 – point c

Amendment 66

Proposal for a regulation

Article 12 – paragraph 2 – subparagraph 2 – point d

Amendment 67

Proposal for a regulation

Article 13 – paragraph 1

Amendment 68

Proposal for a regulation

Article 14 – paragraph 2

Amendment 69

Proposal for a regulation

Article 15 – paragraph 2

Amendment 70

Proposal for a regulation

Article 15 – paragraph 3 a (new)

Amendment 71

Proposal for a regulation

Article 17 – paragraph 1

Amendment 72

Proposal for a regulation

Article 17 – paragraph 2 – point a

Amendment 73

Proposal for a regulation

Article 17 a (new)

Amendment 74

Proposal for a regulation

Article 17 b (new)

Amendment 75

Proposal for a regulation

Annex I – paragraph 1 – point 1 a (new)

Amendment 76

Proposal for a regulation

Annex I – paragraph 1 – point 3 a (new)

Amendment 77

Proposal for a regulation

Annex I – paragraph 1 – point 7 – paragraph 2 – introductory part

Amendment 78

Proposal for a regulation

Annex I – paragraph 1 – point 7 – paragraph 2 – point a

Amendment 79

Proposal for a regulation

Annex I – paragraph 1 – point 7 – paragraph 2 – point b

Amendment 80

Proposal for a regulation

Annex I – paragraph 1 – point 7 – paragraph 2 – point c

Amendment 81

Proposal for a regulation

Annex I – paragraph 1 – point 7 – paragraph 2 a (new)

Amendment 82

Proposal for a regulation

Annex I – paragraph 1 – point 8 – paragraph 2 – introductory part

Amendment 83

Proposal for a regulation

Annex I – paragraph 1 – point 8 – paragraph 2 – point a

Amendment 84

Proposal for a regulation

Annex I – paragraph 1 – point 8 – paragraph 2 – point b

Amendment 85

Proposal for a regulation

Annex I – paragraph 1 – point 8 – paragraph 2 – point c

Amendment 86

Proposal for a regulation

Annex I – paragraph 1 – point 8 – paragraph 2 a (new)

Amendment 87

Proposal for a regulation

Annex I – paragraph 1 – point 9 – introductory part

Amendment 88

Proposal for a regulation

Annex III – paragraph 1 – point 1

Amendment 89

Proposal for a regulation

Annex III – paragraph 1 – point 1 a (new)

Amendment 90

Proposal for a regulation

Annex III – paragraph 1 – point 2

Amendment 91

Proposal for a regulation

Annex III – paragraph 1 – point 3

Amendment 92

Proposal for a regulation

Annex III – paragraph 1 – point 3 a (new)

Amendment 93

Proposal for a regulation

Annex IV a (new)

Amendment 94

Proposal for a regulation

Annex IV b (new)

EXPLANATORY STATEMENT

According to research, there is currently more than 2 million tonnes of microplastics floating in the sea. Data from the United Nations Environment Programme points to more than 430 million tonnes of plastic produced annually. Two-thirds are short-lived products that soon become waste, filling the ocean and, often, working their way into the human food chain.

As the Commission clearly states in its impact assessment, which is also widely acknowledged by the stakeholders of this sector, the biggest issue with microplastics from pellets plastic production lies on the handling and transporting of these products. Once in the environment, these microplastics are almost impossible to capture. Therefore, all major efforts should be put into monitoring and prevention, thus avoiding any kind of preventable losses.

The impact of microplastics, once lost in the environment, are prejudicial for nature, ecosystems and biodiversity, but also for food chains and to human health. They also contribute to the increase of carbon emissions and negatively impact other agents that are responsible for carbon captures in the sea. Furthermore, the fact that they are of a very small dimension (no bigger than 5mm), contributes to its very high mobility, which means that they can easily be moved by different means, including air, land, surface waters and marine currents. They can also be found in soil, comprising agricultural land, whether directly or through the reuse of residual waters for agriculture, which can be detrimental to the quality of soils food consumption and human health.

There is also recognition that plastic pellets are the third main source of microplastics pollution through unintentional releases, which also include paints, tyres and textiles as other major sources. The current Regulation presented by the Commission aims at tackling the specific pollution from pellets releases into the environment, which shall be complemented by a much-needed revision of the REACH regulation, besides other relevant EU legislation such as the EURO 7, the Plastics Strategy, the Circular Economy Action Plan and the Zero Pollution Action Plan, among others.

Considering the Commission’s approach, it is the Rapporteur’s understanding that it sets a solid base for tackling the main challenge, namely the handling and transport of plastic pellets, based on a comprehensive impact assessment. It insists on the idea of increasing and improving monitoring, reporting and certification methods and instruments, thus providing a better overview of the total actual amount of the losses.

It also sets the different actions and measures to be taken by the different agents of the value chain, such as producers, operators and carriers, as well as the role of competent authorities in the Member-states. At the same time, it sets different approaches and targets according to the size of the enterprise, creating exemptions and introducing less costly procedures for SMEs.

However, it is the Rapporteur’s opinion that there is room for improvement of the proposal.

The first matter of improvement is the definition of microplastics, which is consensually understood by the scientific community to include also powders, flakes and dust, which was omitted in the Commission’s proposal.

Secondly, the Rapporteur wants to introduce the possibility for a reduction of the tonnage per year which would allow for exemptions according to the Commission’s proposal, from 1000 tonnes to 250 tonnes. The same logic shall apply to exemptions to Small and Medium Enterprises, as the Rapporteur believes that the proposed exemptions should only apply to Micro Enterprises. This is also the approach established by the OSPAR Recommendation.

Finally, the Rapporteur’s approach on the previous points derives from the conviction that not only preventive measures, as well as repairing of detected flaws, is much more cost effective for enterprises, by allowing a return on investment on the recovery of the losses, but also by driving the ambition up in reducing the quantity of microplastics in the environment and all its collateral consequences, including for human health.

The Rapporteur strongly feels that there is a broad consensus in society regarding the need to reduce the presence of microplastics in the environment. For this reason, following the good recommendation elaborated by OSPAR and the openness and availability of the economic sector to improve the initial proposal of the Commission, this Report aims at improving the requisites of spilling prevention in all phases of pellets production and handling, including transportation, while at the same time guaranteeing important safeguards for companies to not significantly impact their economic operations.

ANNEX: ENTITIES OR PERSONS FROM WHOM THE RAPPORTEUR HAS RECEIVED INPUT

Pursuant to Article 8 of Annex I to the Rules of Procedure, the rapporteur declares that he has received input from the following entities or persons in the preparation of the report, until the adoption thereof in committee:

The list above is drawn up under the exclusive responsibility of the rapporteur.

21.2.2024

OPINION OF THE COMMITTEE ON INDUSTRY, RESEARCH AND ENERGY

for the Committee on the Environment, Public Health and Food Safety

on the proposal for a regulation of the European Parliament and of the Council on preventing plastic pellet losses to reduce microplastic pollution

(COM(2023)0645 – C90378/2023 – 2023/0373(COD))

Rapporteur for opinion: Maria Spyraki

AMENDMENTS

The Committee on Industry, Research and Energy calls on the Committee on the Environment, Public Health and Food Safety, as the committee responsible, to take the following into account:

Amendment 1

Proposal for a regulation

Recital 32

Amendment 2

Proposal for a regulation

Article 12 – paragraph 1

Amendment 3

Proposal for a regulation

Article 12 – paragraph 2 – subparagraph 1

Amendment 4

Proposal for a regulation

Article 12 – paragraph 2 – subparagraph 2

Amendment 5

Proposal for a regulation

Article 12 – paragraph 2 – subparagraph 2 – point -a (new)

Amendment 6

Proposal for a regulation

Article 12 – paragraph 2 – subparagraph 2 – point -a a (new)

Amendment 7

Proposal for a regulation

Article 12 – paragraph 2 – subparagraph 2 a (new)

Amendment 8

Proposal for a regulation

Article 12 – paragraph 2 – subparagraph 2 – point b

Amendment 9

Proposal for a regulation

Article 12 – paragraph 2 – subparagraph 2 – point c

Amendment 10

Proposal for a regulation

Article 12 – paragraph 2 – subparagraph 2 – point d

Amendment 11

Proposal for a regulation

Article 12 – paragraph 3

Amendment 12

Proposal for a regulation

Article 17 – paragraph 2 – point d

ANNEX: ENTITIES OR PERSONS FROM WHOM THE RAPPORTEUR FOR THE OPINION HAS RECEIVED INPUT

Pursuant to Article 8 of Annex I to the Rules of Procedure, the rapporteur for the opinion declares that she has received input from the following entities or persons in the preparation of the opinion, until the adoption thereof in committee:

The list above is drawn up under the exclusive responsibility of the rapporteur for the opinion.

PROCEDURE – COMMITTEE ASKED FOR OPINION

FINAL VOTE BY ROLL CALL IN COMMITTEE ASKED FOR OPINION

PROCEDURE – COMMITTEE RESPONSIBLE

FINAL VOTE BY ROLL CALL IN COMMITTEE RESPONSIBLE