Microplastics, public consultation in EU

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Public consultation on measures to reduce the unintentional release of microplastics into the environment has begun.

Microplastics, public consultation kicks off

The consultation is open to all European citizens by registering at the relevant webpage until Jan. 18. Everyone can express their views on possible measures to be taken against microplastic pollution. (1)

The European Commission will then have to take these inputs into account when considering a new legislative or nonlegislative proposal, or delegated or implementing acts.

The causes of pollution

The initiative addresses the main causes of microplastic pollution and aims to reduce environmental pollution and potential risks to human health.

In the current European context, pollution from tire abrasion, plastic pellets, and synthetic fabrics accounts for about 2/3 of total emissions. (2)

Microplastics, definition

Microplastics are all those plastic particles having diameter <5 mm. They are distinguished into primary and secondary.

Primary microplastics are the plastic fragments produced in small sizes and used for example in cosmetics (in scrubs, toothpastes, creams) or in paints, abrasive pastes and fertilizers.

Secondary, on the other hand, are called microplastics whose small size is caused by the degradation of larger objects, such as bottles, food containers, fishing equipment or synthetic fabrics.

A ubiquitous pollutant

The journal Science of The Total Environment pointed out that microplastics are ubiquitous environmental contaminants in the environment. They have been found in the world’s seas and oceans, lakes, soil and even on the highest peaks of the planet. They are also present in the air and can be inhaled.

Traces of it emerge in all forms of marine life, from plankton to large marine mammals, mollusks, and salt. But also in commonly used foods, such as sugar, honey, fruits and vegetables, as well as in the water we drink, whether bottled or tap.

The danger of microplastics

Microplastics are bio-accumulative, able to absorb a complex mixture of persistent and highly polluting chemicals on their surface, such as styrene, toxic metals (lead, mercury), phthalates, bisphenol A (BPA), polychlorinated biphenyls (PCBs) and polycyclic aromatic hydrocarbons (PAHs), which can subsequently be released into the environment.

Their small size facilitates their ingestion by organisms located at the base of various food chains. As a result, pollutants released by microplastics end up in the foods we eat.

The effects on the organism

Human exposure can occur either through ingestion or inhalation or through skin contact, through water while washing or through the use of scrubs and other cosmetics.

Potential risks to human health from ingestion or inhalation are currently being investigated. However, according to Portuguese researchers at the University of Aveiro in Portugal, in all biological systems, exposure to microplastics can cause particle toxicity, with oxidative stress, inflammatory injury and increased uptake or translocation. (3)

The inability of the immune system to remove synthetic particles can lead to chronic inflammation and increase the risk of neoplasia. In addition, microplastics can release their constituents, adsorbed contaminants and pathogenic organisms.

The goals of the European initiative

The European initiative will focus mainly on measures to:

– Limit intentionally added microplastics, in light of the opinion issued by the European Chemical Agency (ECHA); (4)

– Prepare a clear and well-regulated labeling, standardization and certification plan;

– Further develop and harmonize methods for measuring unintentionally released microplastics, particularly from tires and textiles, and provide harmonized data on concentrations of microplastics in the sea.

Research and regulation

It will be beyond necessary:

– fill the gaps in scientific knowledge about the risks posed by microplastics in the environment, drinking water and food,

– Correcting market and regulatory failures. Indeed, there is a lack of market incentives for operators to take measures to reduce accidental releases of microplastics into the environment, to be applied to the entire supply chain, while respecting single market principles and encouraging competitiveness and innovation,

– Promote a comprehensive EU approach against microplastics.

– Encouraging comprehensive and reliable information that enables consumers to choose sustainable products and manage them sustainably, such as textiles and tires with low microplastic emissions,

– make the market less fragmented in order to prevent the position of companies that apply microplastic reduction measures from being weakened by competition from those companies that, in contrast, do not take such measures. Harmonized measures at the EU level will be able to create a level playing field among responsible operators.

Toward zero pollution

The initiative will be able to contribute to the achievement of a number of important goals from the Green Deal European, to the New Action Plan for the Circular Economy, as well as the EU’s ‘Towards Zero Pollution for Air, Water and Soil’ action plan, which aims to reduce plastic waste at sea by 50 percent and microplastics by 30 percent by 2030. (5,6,7)

Therefore, special attention should be given to operational feasibility, legislative simplicity and administrative costs, and consistency with existing and new EU policy instruments or initiatives.

Elena Bosani

Notes

(1) Initiative of the European Commission. Microplastic pollution-measures to reduce its impact on the environment. https://ec.europa.eu/info/law/better-regulation/have-your-say/initiatives/12823-Inquinamento-da-microplastiche-misure-per-ridurne-limpatto-sullambiente_it

(2)Estimated annual emissions (tons): 33 834 for textiles, 503 586 for tires, and 92 259 for pellets (EUNOMIA modeling, 2018)

(3) Joana Correia Prata, João P. da Costa, Isabel Lopes, Armando C. Duarte, Teresa Rocha-Santos. Environmental exposure to microplastics: An overview on possible human health effects. Science of The Total Environment, Volume 702, 2020, 134455, ISSN 0048-9697, https://doi.org/10.1016/j.scitotenv.2019.134455.

(4) Committee for Risk Assessment (RAC) Committee for Socio-economic Analysis (SEAC). Opinion on an Annex XV dossier proposing restrictions on intentionally-added microplastics. https://echa.europa.eu/documents/10162/a513b793-dd84-d83a-9c06-e7a11580f366

(5) European Commission. The European Green Deal. 11.12.19 https://eur-lex.europa.eu/resource.html?uri=cellar:b828d165-1c22-11ea-8c1f-01aa75ed71a1.0006.02/DOC_1&format=PDF

(6) European Commission. A new action plan for the circular economy For a cleaner and more competitive Europe. 11.3.20 https://eur-lex.europa.eu/resource.html?uri=cellar:9903b325-6388-11ea-b735-01aa75ed71a1.0020.02/DOC_1&format=PDF

(7) European Commission. A pathway to a healthier planet for all EU Action Plan: ‘Towards zero pollution for air, water and soil’. 12.5.21 https://eur-lex.europa.eu/resource.html?uri=cellar:a1c34a56-b314-11eb-8aca-01aa75ed71a1.0013.02/DOC_1&format=PDF

Elena Bosani
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Lawyer in Milan and Frankfurt am Main. An expert in family, juvenile and criminal law, she is now enrolled in a university master's programme in food law