An Bille um Thruailliú ó Mhicreaphlaisteach agus ó Mhicreachlocha a Chosc, 2016 Micro-plastic and Micro-bead Pollution Prevention Bill 2016

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1 An Bille um Thruailliú ó Mhicreaphlaisteach agus ó Mhicreachlocha a Chosc, 2016 Micro-plastic and Micro-bead Pollution Prevention Bill 2016 Mar a tionscnaíodh As initiated [No. 87 of 2016]

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3 AN BILLE UM THRUAILLIÚ Ó MHICREAPHLAISTEACH AGUS Ó MHICREACHLOCHA A CHOSC, 2016 MICRO-PLASTIC AND MICRO-BEAD POLLUTION PREVENTION BILL 2016 Mar a tionscnaíodh As initiated Section 1. Definitions CONTENTS 2. Prohibition on the sale or manufacture of products containing micro-beads 3. Water analysis 4. Environmental analysis 5. Presentation of reports required by sections 3 and 4 6. Regulations 7. Short title [No. 87 of 2016]

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5 AN BILLE UM THRUAILLIÚ Ó MHICREAPHLAISTEACH AGUS Ó MHICREACHLOCHA A CHOSC, 2016 MICRO-PLASTIC AND MICRO-BEAD POLLUTION PREVENTION BILL 2016 Bill entitled An Act to prohibit the sale or manufacture of products containing plastic micro-beads; to monitor and report on the levels of micro-plastic and micro-bead pollution on Irish coastlines, Irish waters, flora and fauna, and at Natura 2000 sites; and to provide for related matters. Be it enacted by the Oireachtas as follows: 5 10 Definitions 1. In this Act EPA means the Environmental Protection Agency; Micro-beads means non-biodegradable solid plastic particles measuring less than five millimeters in diameter that are used in cosmetics, soaps or similar products as cleansing or exfoliating agents; 15 Micro-plastics mean non-biodegradable, solid plastic particles measuring less than five millimeters in diameter that are present in the environment whether manufactured or created by mechanical weathering or degradation from larger plastics; Minister means the Minister for Housing, Planning and Local Government or any Minister for the time being responsible for the EPA; 20 Person means any natural or legal person; Plastic means a synthetic material made by linking monomers through a chemical reaction to create an organic polymer chain that can be molded or extruded at high heat into various solid forms that retain their defined shapes during the life cycle and after disposal. 25 Prohibition on the sale or manufacture of products containing micro-beads 2. (1) No person shall sell or manufacture products containing micro-beads or add microbeads to cosmetics, soaps or similar products. (2) A person who contravenes subsection (1) is guilty of an offence and is liable, on conviction, to a fine of not more than 10,000 for each item for sale, sold, or manufactured. 30 3

6 (3) Notwithstanding subsection (2) it shall not be an offence to sell or manufacture products containing micro-beads provided that the purchaser of any such product is not based in the State and that any products purchased are for use outside the State. (4) The provisions of subsection (3) shall cease to have effect on the expiration of twelve months from the passage of this Act. 5 (5) An offence under subsection (2) may be prosecuted summarily or on indictment. Water analysis 3. (1) Every year, the EPA shall ensure that water samples from Irish coastal waters, Irish river systems, and other waters are monitored and analysed, in accordance with the regulations, for the presence of micro-beads and micro-plastics pollution and its effects. 10 (2) The EPA shall then present a report to the Minister on the levels of micro-plastic and micro-bead pollution in Irish waters. (3) The report referred to in subsection (2) must make detailed recommendations to the Minister on measures to remediate micro-plastic and micro-bead pollution of Irish waters. (4) The Minister shall present the findings of the report to the relevant Oireachtas Committee with responsibility for environmental matters within one month of receiving it from the EPA and shall present recommendations to the committee to achieve further reductions in micro-plastic and micro-bead pollution (5) On the same day the Minister presents his report in accordance with subsection (4) the main findings of the EPA s report shall be published by advertisement in at least two national newspapers, on RTE television, and in at least one major internet-only Irish news website. Environmental analysis 4. (1) Every year, the EPA shall ensure that the environment, flora and fauna, and all Natura 2000 sites are monitored and analysed, in accordance with the regulations, for the presence of micro-beads and micro-plastic pollution and its effect on the environment, flora and fauna and Natura 2000 sites. (2) The EPA shall then present a report to the Minister on the levels of micro-plastic and micro-bead pollution in the Environment and all habitats designated as Natura 2000 sites under the Habitats Directive. (3) The report referred to in subsection (2) must make detailed recommendations to the Minister on measures to remediate micro-plastic and micro-bead pollution of the environment (4) The Minister shall present the findings of the report to the relevant Oireachtas Committee with responsibility for environmental matters within one month of receiving it from the EPA and shall present his recommendations to the committee to achieve further reductions in micro-plastic and micro-bead pollution with his report. (5) On the same day the Minister presents his report in accordance with subsection (4) the 40 4

7 main findings of the EPA s report shall be published by advertisement in at least two national newspapers, on RTE television, and on at least one major internet-only Irish news website. Presentation of reports required by sections 3 and 4 5. The reports required by sections 3 and 4 of this Act and their various subsections may be presented together as one report if deemed expedient by the EPA. 5 Regulations 6. (1) The Minister may make regulations: (a) governing the water sampling and analysis required by section 3(1); (b) governing the environmental sampling and analysis for micro-plastics required by section 4(1); and 10 (c) governing any other matter necessary or advisable to carry out the purposes of this Act. (2) The Minister must provide for the use of the Best Available Technology or BAT in the making of regulations governing water and environmental analysis as required by sections 3(1) and 4(1) of this Act. 15 Short title 7. This Act may be cited as the Micro-plastic and Micro-bead Pollution Prevention Act

8 An Bille um Thruailliú ó Mhicreaphlaisteach agus ó Mhicreachlocha a Chosc, 2016 Micro-plastic and Micro-bead Pollution Prevention Bill 2016 BILLE (mar a tionscnaíodh) dá ngairtear BILL (as initiated) entitled Acht do thoirmeasc táirgí ina bhfuil micreachlocha plaisteacha a dhíol nó a mhonarú; do dhéanamh faireachán ar na leibhéil truaillithe ó mhicreaphlaisteach agus ó mhicreachlocha ar chóstaí na héireann, in uiscí na héireann, ar flora agus flauna, agus ag láithreáin Natura 2000 agus do thuairisciú ina leith; agus do dhéanamh socrú i dtaobh nithe gaolmhara. An Act to prohibit the sale or manufacture of products containing plastic micro-beads; to monitor and report on the levels of micro-plastic and micro-bead pollution on Irish coastlines, Irish waters, flora and fauna, and at Natura 2000 sites; and to provide for related matters. Na Seanadóirí Grace O Sullivan, Lynn Ruane agus Alice-Mary Higgins a thug isteach, 27 Deireadh Fómhair, 2016 Introduced by Senators Grace O Sullivan, Lynn Ruane and Alice-Mary Higgins, 27th October, 2016 BAILE ÁTHA CLIATH ARNA FHOILSIÚ AG OIFIG AN tsoláthair Le ceannach díreach ó FOILSEACHÁIN RIALTAIS, 52 FAICHE STIABHNA, BAILE ÁTHA CLIATH 2. (Teil: nó ; Fax: ) nó trí aon díoltóir leabhar. DUBLIN PUBLISHED BY THE STATIONERY OFFICE To be purchased from GOVERNMENT PUBLICATIONS, 52 ST. STEPHEN S GREEN, DUBLIN 2. (Tel: or ; Fax: ) or through any bookseller. Wt /16. Essentra. (61917). Gr