Revising the Role of the Polluter Pays Principle in Tackling Textile Microplastics Release: a Critical Analysis of the EU Textile Life-cycle Legislation in Light of Circular Economy

Abstract

The purpose of this study is to evaluate to what extent the PPP is relevant or should be relevant within the provision regarding the prevention of TMPs release and covering the entire textile life-cycle, in light of the shift towards CE within the EU law. In other words, this research analyses the EU legislation on the textile life-cycle in order to assess if it enables the prevention of TMPs release, which outcome constitutes the starting point to evaluate the role of the PPP to avoid TMPs pollution within the paradigm shift towards CE. The background idea relies on the following question: when moving on to a legal framework that will try to minimise TMPs release as much as possible, how much room is left for a legal environmental principle that seems to allow waste generation as long as the polluter pays? To this purpose, first, a technical explanation of MPs and of TMPs will be provided, together with an analysis of why this issue is related to CE. Then, attention will be put on the European pieces of legislation that regard TMPs release from a life-cycle perspective. In addition, the PPP will be examined, underlying its criticisms and its link to the CE. The research will conclude with a reflection upon the role that the PPP plays in this context, through a critical analysis of the TMPs law and the evaluation of how the life-cycle thinking is embedded within this regulatory framework.