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Eoghan Murphy, Minister for Housing, Planning and Local Government, Publishes a General Scheme of a Bill to Prohibit Certain Products Containing Plastic Microbeads

20181101 Microbeads

Minister for Housing, Planning and Local Government, Eoghan Murphy alongside The Riptide Movement, Hildegarde Naughton, Kevin Humphreys & Grace O’Sullivan

Eoghan Murphy, Minister for Housing, Planning and Local Government, today (1 November 2018) published the General Scheme of a Bill to Prohibit Certain Products Containing Plastic Microbeads.
 
The drafting of a Bill entitled “The Prohibition of Certain Plastic Microbeads Containing Plastic Microbeads Bill 2018” has been approved by Government on the basis of a general scheme.  
 
The Bill will provide for a prohibition of the manufacture, import, export, sale, supply or exposure for sale of certain products containing plastic microbeads, to include “rinse-off” personal care products, detergents, and domestic and industrial abrasive cleaning products and scouring agents.
 
The Minister said

I am increasingly concerned about the potential risk posed to our aquatic ecosystems by microplastic litter, including plastic microbeads. I know this concern is shared widely, across all parties in the Oireachtas and throughout broader society.   While this is an important step, it is only one of many measures we will have to introduce over the coming years to reduce the level of marine litter entering our seas and oceans. I want to thank the Riptide Movement for all the work they have been doing in recent months to create awareness around the pollution of our seas. I also want to thank my colleague Deputy Hildegarde Naughton and the Labour Party and the Green Party for all the work they have done in this area.

 
While plastic microbeads represent only a fraction of the microplastics in our oceans, it is estimated that many billions are being washed down the drain and into the world’s rivers, lakes and seas each year. Once in our rivers and seas, they can last for centuries without breaking down. They may be ingested by aquatic animals and they cannot be removed once they are in the marine environment. 
 
The Minister intends to introduce this legislation to the Oireachtas before the end of the year.  However, derogation will need to be sought from EU single market rules on environmental grounds before such prohibition comes into force. 
 
Commenting on the Bill, Minister Murphy went on to say that,

While several States legislated to prohibit personal care products containing plastic microbeads Ireland will be the first EU Member State to extend such prohibition to detergents, abrasive scouring agents  and other cleaning products.
 


In addition to introducing national legislation, the Minister will continue to campaign for the introduction of a similar EU-wide prohibition at the earliest opportunity as set out in the European Strategy for Plastics in a Circular Economy adopted in January 2018.
 
The General Scheme and draft Regulatory Impact Assessment will be made available to the public on the Department’s website www.housing.gov.ie
 

Appendix 1

Marine Litter
 

Over recent years, scientists, experts and policy makers have become increasingly concerned about the levels of waste, or marine litter, winding up in our seas and oceans. It can be found in every aspect of the marine environment and ranges in size from large objects such as fishing nets or shipping containers to micro- and nano-litter particles. However, the extent of the marine litter problem and the harm it causes to the environment are not fully understood at this time and are subject to ongoing research. It is becoming increasingly apparent, however, that marine litter can cause harm to aquatic fauna in a variety of ways.  Given the scale of the problem it is clear that this is an issue that we need to address, at the very least, under the precautionary principle. Marine litter also causes socio-economic harm, such as affecting tourism and consumer confidence in seafood.
Plastic is a particular problem for the marine environment.  Due to its buoyancy, it can easily be washed down rivers, blown offshore or collected by the tide from the shore as well as being dumped or lost directly into the seas from ships and fishing boats.  It does not biodegrade and persists in the environment for a very long time.  It can breakdown into secondary micro-plastic particles and there is evidence that both large plastic items and microplastics are being ingested by marine fauna with undetermined consequences. 
While it is considered that most marine microplastic litter is created through the breakdown of larger pieces of plastic, microplastics are also entering the marine environment in other forms 
Ireland is actively involved, both nationally and on the international stage, in developing measures to address the problem of marine litter of all sizes, types and forms.  
The increased understanding and awareness of marine litter and the harm it may cause to the marine environment has resulted in substantial public interest in reducing marine litter, including microplastics and microbead pollution in the oceans. It is hoped to capitalise on this understanding and awareness to introduce measures that may, in some cases, prove to be societally challenging, but are necessary to protect our marine ecosystems from serious harm in the future.
 
 

Microplastics and Plastic Microbeads

 
Microplastics are small non-biodegradable solid plastic particles (1μm> and <5mm). As well as being created by the breakdown of larger items, microplastics are also entering the marine environment directly in a wide variety of forms, such as fibres, lost raw material pellets (nurdles) or through tyre wear for example. However, a certain amount of marine microplastic litter is caused by plastic microbeads used in cosmetics, cleansing products and detergents entering the marine environment via wastewater discharges into rivers and estuaries. Such microbeads cannot be easily removed by treatment of wastewater. 
Plastic microbeads are also used in industrial settings (e.g. plastic blasting at shipyards, textile printing, oil and gas exploration and automotive moulding), for anti-slip and anti-blocking applications, as well as in medical applications. Plastic microbeads are added to some personal care products, detergents, cleansing products and abrasive scouring agents for reasons of visual appearance, exfoliating, cleaning or abrasive scouring purposes, or as bulking agents 
Some cosmetic products can contain as much plastic microbeads by weight as in the plastic container packaging. Microbeads from many cosmetics, personal care treatment products, detergents and abrasive cleaning agents are rinsed down the drain. It has been estimated that a single use of a face-wash containing microbeads could release between 4,600 and 94,500 microbeads directly into waste water systems. 
 
In the UK, it is estimated up to 680 tonnes of plastic microbeads are used in rinse-off personal care products every year. If the Irish population has similar usage of these products per head of population to the UK, we can extrapolate that 49 tonnes of plastic microbeads are being used in rinse-off personal care treatment products alone each year in Ireland.
 
Microplastic particles can be mistaken for food and ingested actively by marine organisms or ingested passively during filter feeding. Consuming microplastics may cause internal damage to aquatic organisms and may impede feeding behaviour leading to reduced body growth and reproduction. Microplastics may bio-accumulate toxic substances and persistent organic pollutants at concentrations significantly higher than in generally in sea water. This accumulation poses a risk to aquatic organisms that consume microplastics and possibly animals higher on the food chain. The impact of microplastics on human health remains unquantified; however the ubiquity of microplastics in all aspects of our environment gives rise to some concern and makes them worthy of consideration under the precautionary principle. 
 
The most effective solution to tackling microplastic pollution is to tackle it at source. This means stemming the flow of primary microplastics (microplastics intentionally added to products), and plastics in general, entering the marine environment in the first place. The EPA’s commissioned study undertaken by the Galway Mayo Institute of Technology (GMIT) on the Scope, Fate, Risks and Impacts of Microplastic Pollution in Irish Freshwater Systems, has raised concerns about the level of microplastics in Irish waterways, and recommended that policies should be put in place to reduce further inputs of microplastic into freshwater environments. 
 
Microbeads are an avoidable source of microplastic pollution. They do not represent a major human necessity and a wide array of safe, effective and biodegradable organic particles or natural mineral alternatives is readily available. Industry is adapting to the growing international opposition to plastic microbeads as an ingredient of certain products. In the cosmetics industry, many suitable, economically feasible alternatives to plastic microbeads have been identified including silica, salt and ground seed kernels.
 
Many countries worldwide are currently considering a prohibition on particular products containing plastic microbeads. In the last two years, the USA, Canada, New Zealand, Sweden, France and the UK have all introduced a ban on the manufacture and sale of certain personal care treatment products containing plastic microbeads. 
 
Appendix 2

 
Non Exhaustive list of Marine Litter Initiatives and Actions
 

Information and awareness raising projects

  • Funding and active support of An Taisce’s world leading Clean Coast range of programmes, including support for coastal groups; the annual Big Beach Clean; the #twominutebeachclean, Blue and Green Flags awards programmes for beaches. (DHPLG)
  • Funding and active support of the Green Schools Global Citizenship: Marine Environment programme and other awareness raising and citizen activation programmes. (DHPLG)
  • Funding and support of  a  joint project with An Taisce and Irish Business Against Litter (IBAL) for the development of an aquatic and marine litter link to IBAL’s annual survey and information campaign undertaken by   (DHPLG) 
  • Fisheries and Aquaculture awareness programme “Why Knot” to increase awareness and other sustainability initiatives such as the BIMs recycling programme (BIM)
 

 
Monitoring and Research

  • DHPLG contracts a longitudinal beach litter survey on an ongoing, based on OSPAR methodology, which monitors litter and identifies trends and issues over time (DHPLG)
  • The Marine Institute Seabed litter Survey (As part of the ICES international bottom trawl survey) to assess the scale and scope of sea bed litter (Marine Institute)
  • Sediment sampling research from around Ireland’s coast to develop appropriate methodological standards and to ascertain microplastic content with a view to developing sediment monitoring programme (DHPLG)
  • A GMIT Fulmar research project (2015-2017) to assess the suitability of using Fulmars as an indicator for floating marine litter. (Concluded) (DHPLG) 
  •  
  • DHPLG has funded UCD research for the development of new low energy plastic recycling, converting plastic waste found in the marine environment into an in-demand raw material for both high and  low tech solutions (DHPLG)
  • A Major EPA funded research project on sources, pathways and fate of microlitter entering freshwater systems (and ultimately marine waters) by GMIT and UCD is being undertaken following on from the recently published EPA commissioned GMIT desk study on this (EPA) 
  • DHPLG participates in JPI-OCEANs research project on the ecological aspects of micro plastics as an advisory board member (PLASTOX). This project and the sister project EPHEMARE receive funding from the Marine Institute (2016-2018). 
  • Waste characterisation studies are being undertaken on general vessel waste, harbour waste management plans and sample Fishing for Litter (FFL) collections.  These will review the current streaming, barriers and opportunities to efficiencies to waste management on board and marine debris and recommend procedures for managing marine litter (BIM) 
  • is intended to conduct marine water column sampling for microplastics to inform the development of a monitoring programme (Marine Institute funded by DHPLG)
  • investigation into ways to recycle and prevent waste fishing nets and other fishing gear from going to landfill including reduction to oil based products by pyrolisis

 
Measures – OSPAR/ INTERREG
As part of the Irish Commitment to the OSPAR Regional Action Plan on Marine Litter Ireland has:

  • Supported the funding of a dedicated Marine Litter Project Manager at OSPAR.
  • Action 43 (disincentives for the use of single use items that are commonly found as beach litter): DHPLG commissioned environmental economic research to identify and evaluate legal measures and economic instruments in place throughout the EU and OSPAR regions. 
  • Action 42 [use of Best Available Techniques (BAT) and Best Environmental Practice (BEP) to develop sustainable and cost effective solutions to reducing and preventing sewage and storm water related waste entering the marine environment, including micro particles]: DHPLG commissioning study on litter and combined storm and wastewater systems.
  • Action 49 [Investigate the prevalence and impact of expanded polystyrene (EPS) in the marine environment, and engage with industry to make proposals for alternative materials and/or how to reduce its impacts]: DHPLG is the lead Irish partner on the OCEANWISE INTERREG programme marine litter actions to reduce the impact of Expandable Polystyrene as marine litter. Other Irish partners are MAReI, REPAK and BIM with partners from France, Spain, Portugal and the UK.
  • Action 55 (Develop sub regional or regional maps of hotspots of floating litter, based on mapping of circulation of floating masses of marine litter, and identification of hotspots of accumulation on coastal areas and the role of prevailing currents and winds): The Marine Institute is participating in the CLEANATLANTIC INTERREG project to model marine litter pathways and to identify litter hotspots in the NE Atlantic region to guide clean-up measures. The project includes partners from France, Spain, Portugal and the UK. DHPLG seeks in the advisory board of this project.  

 
Other measures

  • All licenses for dumping at sea and dumping of dredged materials at sea now have specific provisions relating to prevent marine litter and to strain items of greater than 30cms dredged up for landward disposal. (EPA)
  • Ireland participates in the Fishing for Litter programme  by Irish trawlers in association with Bord Iascaigh Mhara (BIM) and Port and Local Authorities, to encourage green ports and reducing boat and ship sourced pollution and litter (BIM) 
  • BIM are involved in a pilot project to manufacture commercially viable products from recycled products from recycled nylon and polyethylene fishing gear in collaboration with Liverpool based plastics recycler Centriforce Products  (BIM) 
  • BIM also works with the Aquaculture sector to participate in shore clean operations at a regional level organised through the CLAMS (Co-ordinated Local Aquaculture Management Systems) initiative with an average of six events annually.