The European Council on 17 December adopted its position on a regulation on preventing the loss of plastic pellets – the industrial raw materials used to make plastic products – to the environment including in maritime transport.
The persistence of a plastic pellet in an aquatic environment can be measured over decades or more, since plastic pellets are not biodegradable. Maritime transport accounted for around 38% of all pellets transported in the EU in 2022.
Therefore, the Council has introduced specific obligations regarding the transport of plastic pellets by sea (in freight containers), including ensuring good quality packaging and providing cargo-related and other technical information. This is in addition to the obligations related to the transport of plastic pellets by road, rail and inland waterways, as set out in the Commission’s proposal.
Furthermore, to facilitate compliance with the rules on maritime transport, the Council agreed to postpone their application by one year (compared to the rest of the rules set out in the regulation). Moreover, if the International Maritime Organization adopts measures to address marine pollution by plastic pellets from ships, the regulation should be amended accordingly, upon a proposal by the Commission.
The new rules will help to improve the handling of plastic pellets at all stages of the supply chain. This could reduce plastic pellet losses to the environment by up to 74%.
Moreover, building on the Commission’s original proposal, the Council’s general approach strikes a balance between introducing ambitious and effective measures to minimise plastic pellet losses and avoiding unnecessary administrative burden. The text also ensures a level playing field between EU and non-EU carriers and introduces obligations for sea-going vessels transporting plastic pellets, in line with the recommendations of the International Maritime Organization.
Plastic pellet losses to the environment are the third largest source of all unintentional microplastic releases. The new rules, the first of their kind in the EU, will help companies to minimise plastic pellet losses, contributing to the fight against microplastic pollution, which knows no borders or boundaries.
…said Anikó Raisz, Hungarian Minister of State for Environmental Affairs and the Circular Economy.
Mandatory certification and self-declaration
According to the new rules, national authorities will have to conduct environmental inspections and take other verification measures as part of a risk-based approach.
To prove their compliance with these rules, larger operators will have to obtain a compliance certificate issued by an independent third party. According to the general approach, all companies (excluding microentreprises) are covered by this obligation if they handle more than 1000 tonnes annually. The Council has given small enterprises four years to comply with this obligation.
Companies handling less than 1000 tonnes annually will have to issue a self-declaration of conformity. Alternatively, the general approach allows member states to ensure compliance through established national permit systems.
Furthermore, the Council has added an obligation on authorities to provide free and public access to information regarding the handling of plastic pellets.
The general approach agreed on 17 December formalises the Council’s negotiating position. Negotiations with the European Parliament on the final shape of the regulation are expected to start in early 2025.
