Supporting data of the paper: Plastic pollution of soils – assessing EU policies for a poorly regulated field

Policy profile 1 POLICY OVERVIEW – PLASTIC POLLUTION EU policies are differentiated as follows: Legally non-binding strategies and plans Legislation influencing soil use End-of-pipe legislative approaches (environmental quality/product standards etc.) Legislation aiming at preventing and reducing soil pollution The international policy level contains non-binding targets to prevent plastic pollution in the environment, including the soil. Besides, the recently negotiated Global Plastics Treaty could, for the first time, set legally binding rules on plastic pollution at the international policy level. A comprehensive EU policy on the governance of microplastics is lacking. EU measures to address and/or monitor plastics are scattered across several policy areas, including product standards, protection measures for different environmental media such as water and soil, and waste management. Policy profile 2 POLICY DETAILS Policy name Main provisions International policy Convention on Biological Diversity1 (1992) The Convention aims at conserving and sustainably using biological diversity: "The objectives of this Convention … are the conservation of biological diversity, the sustainable use of its components..." No direct reference to (micro)plastics. Kunming-Montreal Global Biodiversity Framework2 (2022) The Framework aims at "a world of living in harmony with nature" by 2050. To this end, it establishes long-term goals for 2050 and global targets for 2030. Target 7: reduce pollution risks and its negative impacts from all sources to levels that are not harmful to biodiversity by 2030 considering cumulative effects, including by preventing, reducing, and working towards eliminating plastic pollution. Paris Agreement3 (2015) Aims to limit global warming to well below 2°C above pre-industrial levels and to pursue efforts to stay within 1.5°C. This requires a rapid phasing out of fossil fuels to a minimum which directly impacts fossil-fuel based plastic production. Global Plastics Treaty – Proposal4 If adopted, the treaty will be the first international policy instrument with a direct focus on plastic pollution. Whether voluntary or legally binding provisions dominate and to what extend the full life-cycle of plastic and micro/nanoplastic pollution is covered, depends on the further negotiations. EU policy Plastics Strategy5 (2019) The strategy aims to reduce marine litter, greenhouse gas emissions and the dependency on imported fossil fuels by improving product design, plastic production, recycling and use. Circular Economy Action Plan6 (2020) The Plan announces measures to reduce microplastics and an evaluation of the Sewage Sludge Directive, which regulates the quality of sludge used in agriculture. Zero Pollution Action Plan7 (2021) The Plan envisages that by 2050, soil pollution should be reduced to levels no longer considered harmful to human health and natural ecosystems. Microplastics released into the environment shall be reduced by 30% by 2030. Policy profile 3 Soil Strategy8 (2021) The Strategy focusses on preventing soil contamination at source, including microplastics and suggest amending the REACH Regulation and the Fertilising Products Regulation. Soil Monitoring Law – Proposal9 (2023) The Proposal aims to establish a soil monitoring framework for all soils across the EU and to continuously improve soil health to achieve healthy soils by 2050. Sustainable soil management practices are defined. All potentially contaminated sites shall be identified and registered and the risks for health and the environment shall be kept at “acceptable levels”. Microplastic pollution of soils is not listed as a mandatory soil descriptor, but Member States are free to set additional ones. Fertilising Products Regulation10 (2019/1009) Establishes the legal framework to market fertilisers in the single market of the EU. Lays down rules for polymers other than nutrient polymers such as coating agents, water retention polymers or mulch films. As of 17.10.2028, only polymers that occur naturally and are not chemically modified, or that meet newly established biodegradability criteria in soils and water compartments shall be permitted for use. Sewage Sludge Directive11 (86/278/EEC) The Directive regulates the use of sewage sludge in agriculture and seeks to prevent harmful effects on soil. The sludge and soil analyses thus far do not contain microplastics, limit values for concentrations in soils are not defined. A revision of the pollutants is in progress.12 Water Framework Directive13 (2000/60/EC) Aims to protect surface waters, groundwater, transitional and coastal waters i.e. to reach good ecological and chemical status in surface waters and good chemical and quantitative status in groundwater by 2027. Annex V details the quality elements for the ecological status, including pollutants. Surface water pollutants of greatest (EUwide) concern (priority substances and priority hazardous substances) are listed in Annex X. Microplastics are not included. Drinking Water Directive14 (2020/2184) Establishes quality standards for drinking water. Incorporates microplastic in a “watch list mechanism” which is based on a methodology to measure microplastics in drinking water (see: doi:10.2760/109944) adopted by the European Commission in 2024. Groundwater Directive15 (2006/118/EC) Supplements the Water Framework Directive and aims to prevent and control groundwater pollution. Defines groundwater pollutants in Annex I. Microplastics are not included. A Proposal16 seeks to establish a watch list mechanism similar to the Drinking Water Directive. However, the European Council clarified that microplastics will only be included in the watch list once harmonised monitoring and evaluation standards are in place. Policy profile 4 Environmental Quality Standards Directive17 (2008/105/EC) Supplements the Water Framework Directive and addresses chemical pollution in surface waters. Part A of Annex I of the Directive lays down quality standards for priority substances of the Water Framework Directive. The maximum concentration shall not be exceeded for a good chemical status. Limit values on microplastics are proposed16 to be included. Urban Wastewater Treatment Directive18 (2024/3019) The Directive aims to ensure that waste water is properly treated to protect the environment and human health. In the future, quaternary treatment is required for large installations to eliminate most micropollutants. New monitoring obligations are established including for microplastics (in urban wastewater & sludge). An extended producer responsibility system for products generating microplastics will be introduced. The Commission will set out methods for measuring microplastics in urban waste water and sewage sludge through implementing acts by July 2027. Waste Framework Directive19 (2008/98/EC) The Directive defines a waste hierarchy and separate waste collection requirements including for plastic. It sets targets for recycling rates (50% of plastic household waste by 2020). Further provisions on avoiding microplastic pollution are not set. The Directive shall be revised in 2025 based on a Proposal20 from 2023. Packaging and Packaging Waste Regulation21 (2025) The Directive seeks to facilitate sustainable packaging. The uptake of recycled plastics shall be increased by mandatory targets for recycled plastics in packaging and a more sustainable use of plastics shall be fostered. Measures are to be taken by the Member States to reduce lightweight carrier bags. Ecodesign for Sustainable Products Regulation22 (2024/1781) Establishes ecodesign requirements to improve the sustainability of products by introducing product performance and/or information requirements. Performance requirements relate to specific parameters that shall foster the use of renewable/bio-based resources. Parameters to improve the product include (i) microplastic and nanoplastic release during product life cycle stages, including manufacturing, transport, use and end-of-life stages and (ii) amounts of waste generated, including plastic waste. Single Use Plastic Directive23 (2019/904) The Directive aims to prevent and reduce the impact of certain plastic products on the environment. Microplastics do not fall directly into the scope of the Directive. However, the consumption of certain single-use plastic products that can degrade into microplastics shall be reduced (e.g., food containers) or is restricted (e.g., plastic straws, plates). Extended producer responsibilities are established alongside separate waste collection targets. REACH Regulation24 (1907/2006) The Regulation includes provisions for prohibitions and restrictions on the manufacturing, placing on the market or use of certain hazardous substances. Policy profile 5 Intentionally added microplastics are going to be restricted in certain products including fertilisers (from October 2028) and plant protection products (from October 2031). Regulation on Preventing Pellet Losses – Proposal25 (2024) The Proposal aims to tackle microplastic pollution by preventing pellet losses along the supply chain. It complements the REACH Regulation by developing a standardised method to estimate pellet losses into the environment. EU 7 emission standards26 (2024/1257) The Regulation includes tyre abrasion limits. 1 The Convention on Biological Diversity of 5 June 1992 (1760 UNTS 69). 2 Kunming-Montreal Global Biodiversity Framework (CBD/COP/DEC/15/4). 3 Paris Agreement to the United Nations Framework Convention on Climate Change, Dec. 12, 2015, T.I.A.S. No. 16-1104. 4 Intergovernmental Negotiating Committee to develop an international legally binding instrument on plastic pollution, including in the marine environment, 1.12.2024. 5 Plastics Strategy: Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions A European Strategy for Plastics in a Circular Economy (COM/2018/028 final). 6 A new Circular Economy Action Plan For a cleaner and more competitive Europe (COM/2020/98 final). 7 Pathway to a Healthy Planet for All EU Action Plan: 'Towards Zero Pollution for Air, Water and Soil' (COM(2021) 400 final). 8 EU Soil Strategy for 2030 Reaping the benefits of healthy soils for people, food, nature and climate (COM/2021/699 final). 9 Proposal for a Directive of the European Parliament and of the Council on Soil Monitoring and Resilience (Soil Monitoring Law) (COM/2023/416 final). 10 Regulation (EU) 2019/1009 of the European Parliament and of the Council of 5 June 2019 laying down rules on the making available on the market of EU fertilising products and amending Regulations (EC) No 1069/2009 and (EC) No 1107/2009 and repealing Regulation (EC) No 2003/2003 (OJ L 170, 25.6.2019, p. 1–114). 11 Council Directive of 12 June 1986 on the protection of the environment, and in particular of the soil, when sewage sludge is used in agriculture (86/278/EEC) (OJ L 181, 4.7.1986, p. 6). 12 Commission Staff Working Document. Executive summary of the evaluation Council Directive 86/278/EEC of 12 June 1986 on the protection of the environment, and in particular of the soil, when sewage sludge is used in agriculture (SWD(2023) 158 final. 13 Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy (OJ L 327, 22.12.2000, p. 1). 14 Directive (EU) 2020/2184 of the European Parliament and of the Council of 16 December 2020 on the quality of water intended for human consumption (OJ L 435, 23.12.2020, p. 1). 15 Directive 2006/118/EC of the European Parliament and of the Council of 12 December 2006 on the protection of groundwater against pollution and deterioration (OJ L 372, 27.12.2006, p. 19). Policy profile 6 16 Proposal for a Directive of the European Parliament and of the Council amending Directive 2000/60/EC establishing a framework for Community action in the field of water policy, Directive 2006/118/EC on the protection of groundwater against pollution and deterioration and Directive 2008/105/EC on environmental quality standards in the field of water policy (COM(2022) 540 final). 17 Directive 2008/105/EC of the European Parliament and of the Council of 16 December 2008 on environmental quality standards in the field of water policy, amending and subsequently repealing Council Directives 82/176/EEC, 83/513/EEC, 84/156/EEC, 84/491/EEC, 86/280/EEC and amending Directive 2000/60/EC of the European Parliament and of the Council (OJ L 348, 24.12.2008, p. 84). 18 Council Directive 91/271/EEC of 21 May 1991 concerning urban waste-water treatment (OJ L 135, 30.5.1991, p. 40). 19 Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3–30). 20 Proposal for a Directive of the European Parliament and of the Council amending Directive 2008/98/EC on waste (COM/2023/420 final). 21 Regulation of the European Parliament and of the Council on packaging and packaging waste, amending Regulation (EU) 2019/1020 and Directive (EU) 2019/904, and repealing Directive 94/62/EC (adopted on 16.12.2024, published in EU’s Official Journal and entering into force soon). 22 Regulation (EU) 2024/1781 of the European Parliament and of the Council of 13 June 2024 establishing a framework for the setting of ecodesign requirements for sustainable products, amending Directive (EU) 2020/1828 and Regulation (EU) 2023/1542 and repealing Directive 2009/125/EC. 23 Directive (EU) 2019/904 of the European Parliament and of the Council of 5 June 2019 on the reduction of the impact of certain plastic products on the environment. 24 Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC. 25 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). 26 Regulation (EU) 2024/1257 of the European Parliament and of the Council of 24 April 2024 on type-approval of motor vehicles and engines and of systems, components and separate technical units intended for such vehicles, with respect to their emissions and battery durability (Euro 7), amending Regulation (EU) 2018/858 of the European Parliament and of the Council and repealing Regulations (EC) No 715/2007 and (EC) No 595/2009 of the European Parliament and of the Council, Commission Regulation (EU) No 582/2011, Commission Regulation (EU) 2017/1151, Commission Regulation (EU) 2017/2400 and Commission Implementing Regulation (EU) 2022/1362.