Legal protection of surface waters against microplastic pollution in EU and in Poland

Abstract

Microplastic pollution of the aquatic environment is a significant and current problem in the EU. In this respect, legislative actions have already been taken in the form of developing guidelines to counteract this phenomenon in the programmes, i.e. the European Green Deal, Circular Economy, or in the plan set out in the Commission Communication COM(2021) 400 final. These guidelines are gradually being implemented in EU and national legislation in the range of water protection and waste management. Therefore, the aim of the article is to indicate the legal status of the protection of inland surface waters against microplastics, as well as legal and organizational instruments counteracting this phenomenon in the EU and in Poland. As a result of the analysis, certain legal loopholes in this regard were identified and de lege ferenda postulates were formulated. Therefore, in order to create a more effective plastic waste management system contributing to reduce the amount of microplastics in inland surface waters, the following actions should be taken in the legal regulations: a) a legal definition of microplastics, b) legal measures and instruments for water protection against microplastic pollution, c) measurable parameters into the water quality assessment system about the presence of these substances and d) extension of the catalog of indicators of quality standards for wastewater discharged from the treatment plant. In addition, it is necessary to fully harmonize water law with legal regulations on waste management, due to the high interdependence between proper plastic waste management and limiting the content of microplastics in inland surface waters and, consequently in marine waters.