Minister Murphy announces the EU’s clearance for prohibition of microbeads
Minister also announces the formation of an expert group to advise on the expansion of Ireland’s existing network of Marine Protected Areas
Minister Eoghan Murphy last night (23 October, 2019) announced the European Commission’s clearance for the restrictions on microbeads contained in the Microbeads (Prohibition) Bill 2019.
He made the announcement at An Taisce’s Clean Coasts “Love Your Coast” Photography Awards in The Morrison Hotel, Dublin. The awards night celebrated the 10th anniversary of the “Love Your Coast” photography competition.
The Minister welcomed the green light from the European Commission for his proposals. This will now facilitate further consideration of the Microbeads (Prohibition) Bill 2019 at Committee State in the Dáil.
The Microbeads (Prohibition) Bill will provide for a prohibition of the manufacture, import, export or sale of products containing intentionally added plastic microbeads, to include “rinse-off” personal care products, detergents, and domestic and industrial abrasive cleaning products and scouring agents.
As the Bill intends to restrict the import and sale of certain products containing intentionally added plastic microbeads, it could result in restricting the free movement of these goods within the Single market. The Minister submitted a derogation notification for the Bill to the European Commission on 19 July 2019, along with detailed technical documentation supporting the justification for the restriction on environment grounds. This notification carried with it a three month standstill period during which time the legislation could not be enacted in compliance with EU legislation. The three month standstill period concluded on 21 October.
The Minister said,
Now that the standstill period has been concluded, I look forward to working with my Oireachtas colleagues at Committee Stage at the earliest opportunity so that we can have this Bill in force as soon as possible.
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.
Plastic microbeads represent only one element of the microplastics in our oceans. However, 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. Aquatic animals may ingest them and they cannot be removed once they are in the marine environment.
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 litter and plastic pollution entering our seas and oceans.
In addition to introducing national legislation, the Government has been actively supporting the development of measures at EU-level to tackle plastic waste including through the European Strategy for Plastics in a Circular Economy adopted in January 2018.
Minister also announces the formation of an expert group to advise on the expansion of Ireland’s existing network of Marine Protected Areas At the same event Minister Murphy also announced the formation of an expert group to advise on the expansion of Ireland’s existing network of Marine Protected Areas.
The Minister stated that he intended to bring forward primary legislation to designate Marine Protected Areas in 2020 and that
this will be an important focus of my Department’s work in the coming months and years and is central to our implementation of the Marine Strategy Framework Directive, the OSPAR Convention, our commitments under the UN Sustainable Development Goals, and the UN Convention on Biological Diversity.
He remarked that:
As I have previously stated, it is my intention that Ireland will significantly expand our network of marine protected areas (MPAs). This will enable us to meet the current internationally agreed target 10% protection and any future commitments.
He said,
I am delighted to announce that Professor Tasman Crowe, Director of the Earth Institute and Associated Dean of Science in UCD has accepted my invitation to chair the group. The other members of the advisory group will be selected from across a range of sectors and will consist of members with appropriate national and international expertise.” The full group will be announced shortly.
I am looking forward to working with Professor Crowe and the expert group on the development of a coherent, representative, connected and resilient network of Marine Protected Areas that is well managed and enables us to maintain or achieve good environmental status in our marine jurisdiction as required under the Marine Strategy Framework Directive.
He added that:
Their work will include reviewing existing protection measures and advising me on the processes required for the creation of MPAs; it will also consider the gaps in existing legislation to underpin such a network. I expect this work will take place over a period of six months and I look forward to receiving the report from the Group with its recommendations which will feed into the development of this important new legislation.
Notes to Editors
Purpose and Provisions of the Microbeads Bill
The purpose of the Bill is to prohibit the manufacture, or placing on the market of certain cosmetic and cleaning products containing plastic microbeads. The Bill also prohibits the disposal of substances containing plastic microbeads down the drain or directly into freshwater or marine environments.
The prohibition on manufacture or placing on the market is intended to cover products containing plastic microbeads where there is a clear pathway to watercourses and wastewater systems, such as water-soluble products that are designed to be rinsed or washed off down the drain where they may potentially end up in freshwater or marine environments.
The Bill provides that the Environmental Protection Agency is responsible for implementation of this legislation. It is proposed that a person convicted under the legislation would receive a Class A fine and/or a prison sentence of up to six months on summary conviction, or a fine of up to €3,000,000 and or a prison sentence of up to five years on indictment.
Expanding Ireland’s existing network of Marine Protected Areas Minister Murphy is responsible for the Marine Strategy Framework Directive (MSFD), which is the legislative driver for the overall protection and sustainable use of the marine environment in the European Union. The directive requires that a coherent and representative network of spatial protection measures including Marine Protected Areas (MPAs) be put in place where appropriate as part of Ireland’s programme of measures in order to achieve or maintain the good environmental status of our national and shared maritime area (article 13.4).
MPAs can take a variety of forms ranging from exclusive marine reserves to areas allowing sustainable use and restricting specific activities. Ireland's future network may include the incorporation of existing marine Special Protection Areas (SPAs) and Special Areas of Conservation (SACs) under the Birds or Habitats Directives. It may also incorporate protection measures established under the Common Fisheries Programme (CFP) and other conservation and protection measures.
MPAs can also play a role in mitigating the effects of climate change and ocean acidification by ensuring that the marine ecosystems are healthy and resilient and by safeguarding the marine environment’s current role as a natural storage of carbon.
Ireland, through the EU, is a party to the UN Convention on Biological Diversity (CBD) which has agreed that:
By 2020, at least 17 per cent of terrestrial and inland water areas and 10 per cent of coastal and marine areas, especially areas of particular importance for biodiversity and ecosystem services, are conserved through effectively and equitably managed, ecologically representative and well-connected systems of protected areas and other effective area-based conservation measures, and integrated into the wider landscape and seascape.
Ireland has committed to the national biodiversity action plan to expand our network of MPAs to meet the internationally agreed target of having a minimum of 10% of our marine area protected.
This target for MPAs is also reflected in UN Sustainable Development (SDG) Goal 14.
The OSPAR Convention for the Protection of the Marine Environment of the North-East Atlantic of which Ireland is one of 16 Contracting Parties requires Parties individually and jointly to take measures to protect and conserve the ecosystems and biological diversity and restore, where practicable marine areas.
Ireland currently holds the Chair of the OSPAR Commission.
In order to achieve these national and international commitments, the Government intends to introduce enabling legislation to provide for the formal designation process of MPAs including identification of conservation objectives and criteria, consultation processes, monitoring, review and management.