On 16 October 2023, the European Commission (EC) proposed a Regulation [1] aimed at preventing plastic pellet losses in order to tackle one of the main sources of unintentional microplastic pollution.
A provisional Draft Agreement on the final text was reached between the European Parliament and the Council on 8 April 2025 [2]. The Council’s first reading position is expected to be adopted in the autumn, followed by a second EP vote recommending final approval. It will then be formally adopted by both institutions, following a legal and linguistic review, and published in the Official Journal of the EU.
The Regulation applies to economic operators in the EU handling quantities of plastic pellets equal to or exceeding five tonnes per year, based on the previous calendar year. It also covers economic operators of facilities within the EU that clean plastic pellet containers and tanks. Furthermore, the scope extends to both EU and non-EU carriers.
The overarching objective of the Regulation is to ensure the safe handling of plastic pellets at every point in the supply chain, regardless of their intended end use. The main obligations are as follows:
- Article 3 sets out the duty to take immediate action to contain and clean up any pellet losses, as well as to notify the relevant national authorities about each installation involved in pellet handling.
- Under Article 4, economic operators must develop a risk management plan for each of their installations. This plan must comply with the requirements of Annex I of the Regulation and be submitted to the competent authority in the Member State where the installation is located, accompanied by a declaration of conformity as specified in Annex II. Operators must also ensure that all relevant staff receive appropriate training. Additionally, both EU and non-EU carriers are required to keep annual records detailing the estimated volume of plastic pellets handled and any losses incurred.
- Article 5 introduces a certification regime. Operators handling 1,500 tonnes or more of plastic pellets annually will be required to obtain certification from an independent third party two years after the Regulation enters into force, and every three years thereafter. Medium-sized operators handling more than 1,500 tonnes must obtain certification within 36 months, with renewal required every four years. Small enterprises handling over 1,500 tonnes must also obtain certification within 60 months of the Regulation’s entry into force, with certification valid for five years. However, Member States may grant permits under Article 5a, exempting certain operators from this certification requirement.
- The Draft Agreement introduces new labelling obligations for any manufacturer, importer, downstream user, or distributor placing on the market plastic pellets that qualify as synthetic polymer microparticles, as defined in Annex XVII, entry 78, to Regulation (EC) 1907/2006) [3]. The required information, detailed in Annex IVb of the Regulation (see image below), must be included on the label, packaging, packaging leaflet, or safety data sheet.
The Draft Agreement also sets out rules governing compliance and access to information. While it is the responsibility of Member States to establish specific penalties for infringements of the Regulation, the Regulation itself sets minimum standards for enforcement. In cases of the most serious infringements committed by a legal entity, the maximum level of administrative financial penalty must be at least 3% of the operator’s annual EU turnover in the previous financial year. In addition to administrative penalties, Member States retain the discretion to impose criminal sanctions where appropriate.
The Regulation includes a delayed application date, taking effect two years after its official entry into force. To ease the transition for the maritime sector, the co-legislators have introduced a further one-year delay in the application of the relevant provisions for operators, agents, and masters of sea-going vessels. This additional time is intended to facilitate compliance with the new requirements specific to maritime transport.
[1] Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on preventing plastic pellet losses to reduce microplastic pollution, COM(2023) 645 final – 2023/0373 (COD). Available at: https://www.europarl.europa.
[2] Provisional Draft Agreement, adopted 15 May 2025, at the ENVI Committee, available at: https://www.europarl.europa.
[3] Please refer to COMMISSION REGULATION (EU) 2023/2055 of 25 September 2023 amending Annex XVII to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) as regards synthetic polymer microparticles, available at: https://eur-lex.europa.eu/