What changed

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the Council position at first reading with a view to the adoptionproposal offor a regulation of the European Parliament and of the Council on preventing plastic pellet losses to reduce microplastic pollution

(09047/1/2025(COM(2023)0645 – C100234/2025C9-0378/2023 – 2023/0373(COD))

(Ordinary legislative procedure: secondfirst reading)

The European Parliament,

– having regard to the CouncilCommission positionproposal atto firstParliament readingand (09047/1/2025the –Council C100234/2025),(COM(2023)0645),

– having regard to the reasoned opinion submitted, within the framework of Protocol No 2 on the application of the principles of subsidiarity and proportionality, by the Italian Chamber of Deputies, asserting that the draft legislative act does not comply with the principle of subsidiarity,

– having regard to Article 294(2) and 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),

– having regard to theArticle opinion294(3) of the European EconomicTreaty andon Socialthe CommitteeFunctioning of 14the FebruaryEuropean 2024,Union,

– having regard to the opinion of the Committee ofEuropean theEconomic Regionsand ofSocial 18Committee Aprilof 2024,[date],

– having regard to its position at first reading on the Commission proposal to Parliament and the Council (COM(2023)0645),

– having regard to the opinion of the Committee of the Regions of [date],

– having regard to ArticleRule 294(7)59 of the Treaty on theits FunctioningRules of the European Union,Procedure,

– having regard to the provisional agreement approvedreport byof the committeeCommittee responsibleon underthe RuleEnvironment, 75(4)Public ofHealth itsand RulesFood ofSafety Procedure,(A90000/2023),

– having regard to Rule 68 of its Rules of Procedure,

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

– having regard to the recommendation for second reading of the Committee on the Environment, Climate and Food Safety (A100000/2025),

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

1. Approves the Council position at first reading;

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

2. Notes that the act is adopted in accordance with the Council position;

Amendment 1

3. Instructs its President to sign the act with the President of the Council, in accordance with Article 297(1) of the Treaty on the Functioning of the European Union;

Proposal for a regulation

4. Instructs its Secretary-General to sign the act, once it has been verified that all the procedures have been duly completed, and, in agreement with the Secretary-General of the Council, to arrange for its publication in the Official Journal of the European Union;

Recital 19

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

Or. en

SHORT JUSTIFICATION

Amendment 2

The Council position at first reading reflects the agreement reached between Parliament and the Council in interinstitutional negotiations at early second-reading stage.

Proposal for a regulation

ANNEX: DECLARATION OF INPUT

Recital 24

The rapporteur declares under his exclusive responsibility that he did not include in his report input from interest representatives falling within the scope of the Interinstitutional Agreement on a mandatory transparency register, or from representatives of public authorities of third countries, including their diplomatic missions and embassies, to be listed in this Annex pursuant to Article 8 of Annex I to the Rules of Procedure.

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Amendment 3

Proposal for a regulation

Recital 25

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Amendment 4

Proposal for a regulation

Recital 32

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Amendment 5

Proposal for a regulation

Recital 39

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Amendment 6

Proposal for a regulation

Article 1 – paragraph 1

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Amendment 7

Proposal for a regulation

Article 2 – paragraph 1 – point a

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Amendment 8

Proposal for a regulation

Article 2 – paragraph 1 – point b

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Amendment 9

Proposal for a regulation

Article 2 – paragraph 1 – point c

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Amendment 10

Proposal for a regulation

Article 2 – paragraph 1 – point d

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Amendment 11

Proposal for a regulation

Article 2 – paragraph 1 – point f

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Amendment 12

Proposal for a regulation

Article 2 – paragraph 1 – point g

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Amendment 13

Proposal for a regulation

Article 3 – paragraph 4

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Amendment 14

Proposal for a regulation

Article 4 – paragraph 2

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Amendment 15

Proposal for a regulation

Article 4 – paragraph 3 – introductory part

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Amendment 16

Proposal for a regulation

Article 4 – paragraph 5

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Amendment 17

Proposal for a regulation

Article 4 – paragraph 7 – subparagraph 1 – introductory part

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Amendment 18

Proposal for a regulation

Article 4 – paragraph 7 – subparagraph 1 – point c

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Amendment 19

Proposal for a regulation

Article 4 – paragraph 7 – subparagraph 3

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Amendment 20

Proposal for a regulation

Article 4 – paragraph 8

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Amendment 21

Proposal for a regulation

Article 4 – paragraph 9 – introductory part

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Amendment 22

Proposal for a regulation

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

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Amendment 23

Proposal for a regulation

Article 5 – paragraph 1

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Amendment 24

Proposal for a regulation

Article 5 – paragraph 2

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Amendment 25

Proposal for a regulation

Article 5 – paragraph 4 – point a

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Amendment 26

Proposal for a regulation

Article 6 – paragraph 1

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Amendment 27

Proposal for a regulation

Article 7 – paragraph 1 – introductory part

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Amendment 28

Proposal for a regulation

Article 8 – paragraph 2 – introductory part

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Amendment 29

Proposal for a regulation

Article 9 – paragraph 1 – introductory part

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Amendment 30

Proposal for a regulation

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

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Amendment 31

Proposal for a regulation

Article 9 – paragraph 1 – point b

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Amendment 32

Proposal for a regulation

Article 9 – paragraph 3

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Amendment 33

Proposal for a regulation

Article 10 – paragraph 2

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Amendment 34

Proposal for a regulation

Article 11 – paragraph 1

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Amendment 35

Proposal for a regulation

Article 12 – paragraph 1

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Amendment 36

Proposal for a regulation

Article 12 – paragraph 2 – subparagraph 2 – point a

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Amendment 37

Proposal for a regulation

Article 15 – paragraph 2

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Amendment 38

Proposal for a regulation

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

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Amendment 39

Proposal for a regulation

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

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Amendment 40

Proposal for a regulation

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

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Amendment 41

Proposal for a regulation

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

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Amendment 42

Proposal for a regulation

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

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Amendment 43

Proposal for a regulation

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

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Amendment 44

Proposal for a regulation

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

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Amendment 45

Proposal for a regulation

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

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Amendment 46

Proposal for a regulation

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

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Amendment 47

Proposal for a regulation

Annex I – paragraph 1 – point 9 – introductory part

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Amendment 48

Proposal for a regulation

Annex I – paragraph 1 – point 9 – point c

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Amendment 49

Proposal for a regulation

Annex III – paragraph 1 – point 1

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Amendment 50

Proposal for a regulation

Annex III – paragraph 1 – point 2

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Amendment 51

Proposal for a regulation

Annex III – paragraph 1 – point 3

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Amendment 52

Proposal for a regulation

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

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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.