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

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

A-9-2024-0148

Committee on the Environment, Public Health and Food Safety · Rapporteur: João Albuquerque

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Parliament's amended version of the proposed regulation on preventing plastic pellet losses to reduce microplastic pollution sets obligations for handling plastic pellets across the supply chain to achieve zero losses. It requires economic operators, EU carriers and non-EU carriers to prevent, contain and clean up spills and losses, and to notify competent authorities of significant changes. It introduces labelling of containers, risk assessment plans, self-declarations or certification depending on enterprise size, and unannounced inspections. It sets penalties with fines of at least 3% of annual Union turnover for legal persons, and requires Member States to use penalty revenue for clean-up and prevention projects. It asks the Commission to develop awareness material, a loss tracking form, and reports on traceability and review.

Committee position. The Committee on the Environment, Public Health and Food Safety proposes amendments to the Commission proposal, aiming to strengthen prevention, expand definitions, adjust obligations for SMEs, and increase penalties.

Key points

  1. The regulation aims to prevent plastic pellet losses with the objective of achieving zero losses, covering all stages of the supply chain.
  2. Definitions are expanded to include powders, cylinders, beads, flakes, and plastic pellet dust, and losses include escapes from any stage of the supply chain.
  3. Economic operators, EU carriers and non-EU carriers must avoid losses, and if spills or losses occur, take immediate action to contain and clean them up.
  4. Economic operators must label all storage and transport containers containing plastic pellets in accordance with Annex IVb.
  5. Competent authorities must establish and maintain a public register of information received, and risk assessment plans and self-declarations must be updated every 3 years for certain enterprises.
  6. Small, medium and large enterprises handling over 1,000 tonnes annually must obtain certification, with small enterprises having 60 months to comply.
  7. Competent authorities must carry out unannounced environmental inspections and other verification measures based on risk.
  8. In case of incidents or accidents, operators and carriers must inform competent authorities, including those likely affected, and take measures to contain and clean up losses.
  9. Penalties must include fines of at least 3% of annual Union turnover for legal persons, and revenue should fund clean-up and prevention projects.
  10. The Commission must develop and fund awareness raising and training material, and Member States must provide assistance to operators and carriers.
  11. The Commission must publish reports on chemical traceability and on the overall application of the regulation, with possible legislative proposals.

Who is affected

  • Economic operators handling plastic pellets, including producers, manufacturers, and recyclers, must comply with prevention, containment, and clean-up obligations.
  • EU carriers and non-EU carriers transporting plastic pellets are subject to obligations for safe transport and loss notification.
  • Micro, small, and medium-sized enterprises have adjusted obligations, with micro enterprises considering at least certain elements and possible exemptions.
  • Competent authorities in Member States are responsible for enforcement, maintaining registers, and conducting inspections.
  • Certifiers, including accredited bodies and EMAS verifiers, issue certificates for compliance.

Figures and deadlines

  • 1,000 tonnes: threshold for handling plastic pellets annually for certification requirements.
  • 3% of annual turnover in the Union: minimum maximum fine for legal persons.
  • 3 years: frequency for updating risk assessment plans and self-declarations, and for Member State reports.
  • 60 months: deadline for small enterprises to obtain certification.
  • 12 months: deadline for Commission to develop awareness material.
  • 24 months: deadline for Commission report on chemical traceability.
  • 8 years: deadline for Commission review report.

Legal basis: Article 192(1) of the Treaty on the Functioning of the European Union