Amen­de­menten Hazekamp over het verlies van plastic pellets voorkomen om vervuiling door micro­plastic te vermin­deren

Proposal for a regulation on preventing plastic pellet losses to reduce microplastic pollution of the Committee on the Environment, Public Health and Food Safety.

Amendment 1
Idoia Villanueva Ruiz

Proposal for a regulation
Recital 3 a (new)

Amendment

(3 a) Several accidents leading to pellet spill and loss have already been registered in the European Union, with transboundary impacts recorded in, inter alia, Spain, Portugal, France and the Netherlands, the most recent being the one occurring at the end of 2023 in the Cantabrian Sea and exponentially affecting the Spanish regions of Galicia, Asturias, Cantabria and the Basque Country, highlighting the urgent need for ambitious, holistic measures to significantly reduce the risk of pellet pollution across European supply chains whilst also strengthening pollution preparedness and response capabilities regarding pellet spills across EU territories and waters.

Amendment 2
Idoia Villanueva Ruiz

Proposal for a regulation
Recital 7 a (new)

Amendment

(7 a) The handling of pellets is being discussed under the scope of international organizations such as the International Maritime Organization (IMO) in light of the significant risk of catastrophic pollution associated with maritime transport of plastic pellets. The IMO is in the process of developing mandatory measures, short-term voluntary measures and standardised protocols to contain and clean-up pellet spills from ships in to reduce the risk and impact of pellet pollution during maritime transport.

Amendment 3
Idoia Villanueva Ruiz

Proposal for a regulation
Recital 25

Text proposed by the Commission

(25) Micro and small-sized enterprises, and medium and large-sized enterprises operating installations where plastic pellets in quantities below 1 000 tonnes have been handled should be required to be subject to a self-declaration of conformity. They should also be given sufficient time to demonstrate their compliance.

Amendment

(25) Micro and small-sized enterprises, and medium and large-sized enterprises operating installations where plastic pellets have been handled should be required to be subject to a self-declaration of conformity. They should also be given sufficient time to demonstrate their compliance.

Amendment 4
Idoia Villanueva Ruiz

Proposal for a regulation
Recital 32

Text proposed by the Commission

(32) Micro, small and medium-sized enterprises (SMEs) in the pellet supply chain should comply with the relevant obligations laid down in this Regulation, however they could face proportionally higher costs and difficulties when complying with some of the obligations. The Commission should raise awareness among economic operators and carriers regarding the necessity of preventing pellet losses. Additionally, the Commission should develop training materials to assist them in fulfilling their obligations, particularly with respect to the requirements of the risk assessment. Member States should provide access to information and assistance regarding compliance with obligations and the risk assessment requirements. Regarding the assistance of Member States, this could include technical and financial support as well as specialised training to SMEs. Member States actions should be taken in respect of applicable State aid rules.

Amendment

(32) As micro, small and medium-sized enterprises (SMEs) account for an important share of the pellet supply chain, they
should comply with the relevant obligations laid down in this Regulation. The Commission should raise awareness among economic operators and carriers regarding the necessity of preventing pellet losses. Additionally, the Commission should develop training materials to assist them in fulfilling their obligations, particularly with respect to the requirements of the risk assessment. Member States should provide access to information and assistance regarding compliance with obligations and the risk assessment requirements. Regarding the assistance of Member States, this could include technical and financial support as well as specialised training to SMEs. Member States actions should be taken in respect of applicable State aid rules.

Amendment 5
Idoia Villanueva Ruiz

Proposal for a regulation
Article 1 - paragraph 2 - point a

Text proposed by the Commission

(a) economic operators handling plastic pellets in the Union in quantities above 5 tonnes in the previous calendar year;

Amendment

(a) economic operators handling plastic pellets in the Union in the previous calendar year;

Amendment 6
Idoia Villanueva Ruiz

Proposal for a regulation
Article 2 - paragraph 1 - point a

Text proposed by the Commission

(a) ‘plastic pellet’ means a small mass of preformed polymer-containing moulding material, having relatively uniform dimensions in a given lot, that is used as feedstock in plastic product manufacturing operations;

Amendment

(a) ‘plastic pellet’ means a small mass of preformed polymer-containing moulding material, regardless of its shape or form, including flakes, dusts spherules and powders, to which additives may have been added, that is used as feedstock in plastic product manufacturing and recycling
operations;

Amendment 7
Idoia Villanueva Ruiz

Proposal for a regulation
Article 2 - paragraph 1 - point b

Text proposed by the Commission

(b) ‘spill’ means a one-off escape of plastic pellets from primary containment;

Amendment

(b) ‘spill’ means a one-off escape of plastic pellets from containment;

Amendment 8
Idoia Villanueva Ruiz

Proposal for a regulation
Article 2 - paragraph 1 - point c

Text proposed by the Commission

(c) ‘loss’ means a one-off or prolonged escape of plastic pellets from installation’s boundary to the environment or from road vehicles, rail wagons or inland waterway vessels transporting plastic pellets;

Amendment

(c) ‘loss’ means a one-off or prolonged escape of plastic pellets at any stage of the supply chain, including from installation’s boundary to the environment or from any carrier transporting plastic pellets;

Amendment 9
Idoia Villanueva Ruiz

Proposal for a regulation
Article 2 - paragraph 1 - point f

Text proposed by the Commission

(f) ‘EU carrier’ means any natural or legal person established in a Member State, engaged in the transport of plastic pellets as part of its economic activity by using road vehicles, rail wagons or inland waterway vessels;

Amendment

(f) ‘EU carrier’ means any natural or legal person established in a Member State, engaged in the transport of plastic pellets as part of its economic activity;

Amendment 10
Idoia Villanueva Ruiz

Proposal for a regulation
Article 2 - paragraph 1 - point g

Text proposed by the Commission

(g) ‘non-EU carrier’ means any natural or legal person established in a third country, engaged in the transport of plastic pellets as part of its economic activity in the Union by using road vehicles, rail wagons or inland waterway vessels;

Amendment

(g) ‘non-EU carrier’ means any natural or legal person established in a third country, engaged in the transport of plastic pellets as part of its economic activity in the Union;

Amendment 11
Idoia Villanueva Ruiz

Proposal for a regulation
Article 2 - paragraph 1 - point 1 a (new)

Amendment

(l a) 'remedial measures' means any action, or combination of actions, including mitigating or interim measures to restore, rehabilitate or replace damaged natural resources and/or impaired services, or to provide an equivalent alternative to those resources or services as foreseen in Annex II of Directive 2004/35/EC^1a.

^1a https://eur-lex.europa.eu/lega...

Amendment 12
Idoia Villanueva Ruiz

Proposal for a regulation
Article 3 - paragraph 1

Text proposed by the Commission

1. Economic operators, EU carriers and non-EU carriers shall ensure that losses are avoided. Where losses occur, economic operators, EU carriers and non-EU carriers shall take immediate action to clean-up those losses.

Amendment

1. Economic operators, EU carriers and non-EU carriers shall ensure that losses and spills are avoided. Where losses or spills occur, economic operators, EU carriers and non-EU carriers shall take immediate action to clean-up those losses or spills.

Amendment 13
Idoia Villanueva Ruiz

Proposal for a regulation
Article 3 - paragraph 1 a (new)

Amendment

1 a. Economic operators, EU carriers and non-EU carriers shall notify the competent authority of all spills and losses and subsequent actions taken in accordance with the form set out in Annex V.

Amendment 14
Idoia Villanueva Ruiz

Proposal for a regulation
Article 3 - paragraph 4

Text proposed by the Commission

4. Competent authorities shall establish and maintain a public register containing the information they have received in accordance with paragraphs 3 and 4.

Amendment

4. Competent authorities shall establish and maintain a public register containing the information they have received in accordance with paragraphs 1a, 2 and 3.

Amendment 15
Idoia Villanueva Ruiz

Proposal for a regulation
Article 4 - paragraph 1 - subparagraph 1 - introductory part

Text proposed by the Commission

Economic operators shall take the following actions:

Amendment

Economic operators and EU carriers shall take the following actions:

Amendment 16
Idoia Villanueva Ruiz

Proposal for a regulation
Article 4 - paragraph 1 - subparagraph 1 - point a

Text proposed by the Commission

(a) establish a risk assessment plan for each installation in accordance with Annex I taking into account the nature and size of the installation as well as the scale of its operations;

Amendment

(a) establish a risk assessment plan for each installation in accordance with Annex I taking into account the nature and size of the installation as well as the scale of its operations in the case of economic operators, and in accordance with Annex III in the case of carriers;

Amendment 17
Idoia Villanueva Ruiz

Proposal for a regulation
Article 4 - paragraph 2

Text proposed by the Commission

2. Economic operators that are medium and large-sized enterprises operating installations where plastic pellets in quantities below 1 000 tonnes have been handled in the previous calendar year or that are micro or small-sized enterprises shall notify an update of the risk assessment plan for each installation as well as a renewal of the self-declaration of conformity to the competent authority every 5 years from the last notification.

Amendment

2. Every year, all economic operators shall review, update and report to the competent authorities their records on their quantity of pellets handled, estimated losses, notification of updated risk assessment plan for each installation and a renewal of the self-declaration of conformity.

Amendment 18
Idoia Villanueva Ruiz

Proposal for a regulation
Article 4 - paragraph 3 - introductory part

Text proposed by the Commission

3. Competent authorities may require economic operators to take the following actions:

Amendment

3. Competent authorities shall ensure best practices and equipment are being used and shall require economic operators to take the following actions:

Amendment 19
Idoia Villanueva Ruiz

Proposal for a regulation
Article 4 - paragraph 3 - point a

Text proposed by the Commission

(a) to change risk assessment plans notified in accordance with paragraphs 1 and 2 to ensure that the losses can effectively be prevented or, where appropriate, contained and cleaned up and that Annex I is complied with;

Amendment

(a) to change risk assessment plans notified in accordance with paragraphs 1 and 2 to ensure that the losses can effectively be prevented and, where appropriate, contained and cleaned up and that Annex I is complied with;

Amendment 20
Idoia Villanueva Ruiz

Proposal for a regulation
Article 4 - paragraph 5

Text proposed by the Commission

5. EU carriers and non-EU carriers shall ensure that the actions set out in Annex III are implemented during loading and unloading operations, transport journeys, cleaning and maintenance operations.

Amendment

5. EU carriers and non-EU carriers shall ensure that the actions set out in Annex III are implemented for all handlers across the supply chain, for all
loading and unloading operations, transport journeys, storage,
cleaning and maintenance operations.

Amendment 21
Idoia Villanueva Ruiz

Proposal for a regulation
Article 4 - paragraph 5

Text proposed by the Commission

5. EU carriers and non-EU carriers shall ensure that the actions set out in Annex III are implemented during loading and unloading operations, transport journeys, cleaning and maintenance operations.

Amendment

5. EU carriers and non-EU carriers shall ensure that the actions set out in Annex III are implemented for all loading and unloading operations, transport journeys, storage, cleaning and maintenance operations.

Amendment 22
Idoia Villanueva Ruiz

Proposal for a regulation
Article 4 Paragraph 7 - subparagraph 1 - point c

Text proposed by the Commission

(c) keep records of annually estimated quantities of losses and of the total volume of plastic pellets handled.

Amendment

(c) keep records of annually estimated quantities of spills and losses, and of the total volume of plastic pellets produced and
handled.

Amendment 23
Idoia Villanueva Ruiz

Proposal for a regulation
Article 4 - paragraph 7 - subparagraph 3

Text proposed by the Commission

Economic operators and EU carriers shall retain records referred to in points (b) and(c) of this paragraph for a period of five years and make them available to competent authorities and, where applicable, to certifiers on demand.

Amendment

Economic operators and EU carriers shall retain records referred to in points (b) and (c) of this paragraph and make them available to competent authorities and to certifiers on demand.

Amendment 24
Idoia Villanueva Ruiz

Proposal for a regulation
Article 4 - paragraph 8

Text proposed by the Commission

8. Where an action taken for the prevention, containment and clean-up of spills and losses fails, economic operators, carriers and non-EU carriers shall take corrective actions, as soon as possible.

Amendment

8. Where an action taken for the prevention, containment and clean-up of spills and losses fails, economic operators, carriers and non-EU carriers shall take immediate corrective actions.

Amendment 25
Idoia Villanueva Ruiz

Proposal for a regulation
Article 4 - paragraph 9 - introductory part

Text proposed by the Commission

9. Every year economic operators that are not micro or small-sized enterprises and that operate installations where plastic pellets in quantities above 1 000 tonnes have been handled in the previous calendar year shall, for each installation, carry out an internal assessment on the state of compliance of the installation with the requirements of the risk assessment plan laid down in Annex I. The internal assessment may among others cover the following subjects:

Amendment

9. Every year economic operators shall, for each installation, carry out an internal assessment on the state of compliance of the installation with the requirements of the risk assessment plan laid down in Annex I.

Every year, EU carriers shall carry out an internal assessment on the state of compliance of their operations with the requirements of the risk assessment plan in accordance with Annex III.

The internal assessment shall among others cover the following subjects:

Amendment 26
Idoia Villanueva Ruiz

Proposal for a regulation
Article 4 - paragraph 9 - point b

Text proposed by the Commission

(b) the preventive, containment and clean up equipment and/or procedures implemented to avoid future losses, and their effectiveness;

Amendment

(b) the preventive, containment and clean up equipment and/or procedures implemented to avoid future losses, and an evaluation of their effectiveness;

Amendment 27
Idoia Villanueva Ruiz

Proposal for a regulation
Article 4 - paragraph 9 - point c

Text proposed by the Commission

(c) discussions with the personnel, inspections of equipment and procedures in place and revision of any relevant documentation.

Amendment

(c) discussions and training sessions with the personnel, inspections of equipment and procedures in place and revision of any relevant documentation.

Amendment 28
Idoia Villanueva Ruiz

Proposal for a regulation
Article 4 - paragraph 9 - point c a (new)

Amendment

(c a) Records of internal assessment shall be maintained and made available to competent authorities on demand. Any corrective actions must be included in the update of the risk assessment plan.

Amendment 29
Idoia Villanueva Ruiz

Proposal for a regulation
Article 4 - paragraph 9 a (new)

Amendment

9 a. Economic operators and EU carriers shall establish, implement and maintain a process to control the procurement of goods and services that use, process, manufacture, handle, store or transport pellets.

(a) Operators and EU carriers shall identify selection criteria relevant to responsible pellet handling, for the approval of the suppliers and subcontractors that provide it with these goods and services. Selection criteria may include certification or accreditation of suppliers and subcontractors to relevant international standards.

suppliers and subcontractors to provide information on their pellet loss prevention performance, risk assessment plans and objectives. Economic operators shall work with suppliers and subcontractors to identify pellet loss risks arising from their activities and operations that impact the organisation.

Amendment 30
Idoia Villanueva Ruiz

Proposal for a regulation
Article 5 - paragraph 1

Text proposed by the Commission

1. By … [OP: please insert the date = 24 months after the entry into force of this Regulation], and thereafter every three years, economic operators that are large-sized enterprises shall demonstrate that each installation where plastic pellets in quantities above 1 000 tonnes have been handled in the previous calendar year is compliant with the requirements set out in Annex I, by obtaining a certificate issued by a certifier.

Amendment

1. By … [OP: please insert the date = 12 months after the entry into force of this Regulation], and thereafter every two years, economic operators that are medium and large-sized enterprises shall demonstrate that each installation where plastic pellets have been handled in the previous calendar year is compliant with the requirements set out in Annex I, by obtaining a certificate issued by a certifier.

Amendment 31
Idoia Villanueva Ruiz

Proposal for a regulation
Article 5 - paragraph 2

Text proposed by the Commission

2. By … [OP: please insert the date = 36 months after the entry into force of this Regulation], and thereafter every four years, economic operators that are medium-sized enterprises shall demonstrate that each installation where plastic pellets in quantities above 1 000 tonnes have been handled in the previous calendar year is compliant with the requirements set out in Annex I, by obtaining a certificate issued by a certifier.

Amendment

2. By … [OP: please insert the date = 24 months after the entry into force of this Regulation], and thereafter every two years, economic operators that are small and micro enterprises shall demonstrate that each installation where plastic pellets have been handled in the previous calendar year is compliant with the requirements set out in Annex I, by obtaining a certificate issued by a certifier.

Amendment 32
Idoia Villanueva Ruiz

Proposal for a regulation
Article 5 - paragraph 2 a (new)

Amendment

2 a. By … [OP: please insert the date = 24 months after the entry into force of this Regulation], and thereafter at least every two years, EU carriers shall demonstrate that where plastic pellets have been handled in the previous calendar year, handling practices are compliant with the requirements set out in Annex III, by obtaining a certificate issued by a certifier.

Amendment 33
Idoia Villanueva Ruiz

Proposal for a regulation
Article 5 - paragraph 3

Text proposed by the Commission

3. Certifiers shall carry out spot-checks to ensure that all measures included in the risk assessment plan carried out in accordance with Annex I are duly implemented.

Amendment

3. Certifiers shall carry out spot-checks, visual inspections of sites, transport medium and immediate surrounding areas to ensure that all measures included in the risk assessment plan carried out in accordance with Annexes I and III are duly implemented.

Amendment 34
Idoia Villanueva Ruiz

Proposal for a regulation
Article 5 - paragraph 4 - point a

Text proposed by the Commission

(a) be issued in accordance with the model form set out in Annex IV and in electronic form;

Amendment

(a) be issued by third party certifiers in accordance with the model form set out in Annex IV and in electronic form;

Amendment 35
Idoia Villanueva Ruiz

Proposal for a regulation
Article 6 - paragraph 1

Text proposed by the Commission

Economic operators which are registered to the Community eco-management and audit scheme in accordance with Regulation (EC) No 1221/2009 are exempt from compliance with the notification obligation laid down in Article 4(2) and the obligations laid down in Article 5(1) and (2) of this Regulation provided that the environmental verifier as defined in Article 2(20) of Regulation (EC) No 1221/2009 has checked that requirements laid down in Annex I have been included in the environmental management system of the economic operator and have been implemented.

Amendment

Economic operators which are registered to the Community eco-management and audit scheme in accordance with Regulation (EC) No 1221/2009 are exempt from compliance with the notification obligation laid down in Article 4(2) and the obligations laid down in Article 5(1) and (2) of this Regulation provided that the environmental verifier as defined in Article 2(20) of Regulation (EC) No 1221/2009 has checked that requirements laid down in Annex I and Annex III have been included in the environmental management system of the economic operator or carrier and have been implemented on the ground, using a high level of verification processes such as mandatory on-site inspections and spot checks.

Amendment 36
Idoia Villanueva Ruiz

Proposal for a regulation
Article 7 - paragraph 1 - point a

Text proposed by the Commission

(a) the certifier shall be independent of the economic operator;

Amendment

(a) the certifier shall be accredited and independent of the economic operator;

Amendment 37
Idoia Villanueva Ruiz

Proposal for a regulation
Article 8 - paragraph 2 - introductory part

Text proposed by the Commission

2. At the latest by … [OP please insert the date = the first day of the month after four years following the date of entry into force of this Regulation] and every three years thereafter Member States shall, submit a report to the Commission containing qualitative and quantitative information on the implementation of this Regulation during the previous calendar year. The information shall include:

Amendment

2. At the latest by … [OP please insert the date = the first day of the month after two years following the date of entry into force of this Regulation] and every two years thereafter Member States shall, submit a report to the Commission containing qualitative and quantitative information on the implementation of this Regulation during the previous calendar year. The information shall include:

Amendment 38
Idoia Villanueva Ruiz

Proposal for a regulation
Article 9 - paragraph 1 - introductory part

Text proposed by the Commission

1. Without prejudice to Directive 2004/35/EC, in the event of an incidental or accidental loss significantly affecting human health or the environment, economic operators, EU carriers and non-EU carriers shall immediately:

Amendment

1. Without prejudice to Directive 2004/35/EC, in the event of an incidental or accidental loss or spill, economic operators, EU carriers and non-EU carriers shall immediately:

Amendment 39
Idoia Villanueva Ruiz

Proposal for a regulation
Article 9 - paragraph 1 - point a

Text proposed by the Commission

(a) inform the competent authority in whose territory the incident or accident occurred and the estimated quantities of losses;

Amendment

(a) inform the competent authority in whose territory the incident or accident occurred and the quantities of losses or spills, in accordance with the form in Annex IV A;

Amendment 40
Idoia Villanueva Ruiz

Proposal for a regulation
Article 9 - paragraph 1 - point a a (new)

Amendment

(a a) take immediate measures to contain and clean-up incidental or accidental loss in an ecologically sensitive manner;

Amendment 41
Idoia Villanueva Ruiz

Proposal for a regulation
Article 9 - paragraph 1 - point b

Text proposed by the Commission

(b) take measures to limit the health or environmental consequences and to prevent further incidents or accidents.

Amendment

(b) take remedial measures to mitigate the negative impacts of the health or environmental consequences, to restore and rehabilitate ir replace damaged natural resources;

Amendment 42
Idoia Villanueva Ruiz

Proposal for a regulation
Article 9 Article 9 - paragraph 1 - point b a (new)

Amendment

(b a) take measures to prevent further incidents or accidents.

Amendment 43
Idoia Villanueva Ruiz

Proposal for a regulation
Article 9 - paragraph 2

Text proposed by the Commission

2. The competent authority in whose territory the incident or accident occurred shall require, where necessary, that economic operators, EU carriers and non-EU carriers take appropriate complementary measures to limit the health or environmental consequences and to prevent further incidents or accidents.

Amendment

2. The competent authority in whose territory the incident or accident occurred shall require that economic operators, EU carriers and non-EU carriers take appropriate complementary measures to mitigate the health or environmental consequences, to prevent further incidents or accidents, and to restore the environment where spills or leaks do occur without generating additional negative environmental impacts in doing so.

Amendment 44
Idoia Villanueva Ruiz

Proposal for a regulation
Article 10 - paragraph 1 - point b

Text proposed by the Commission

(b) take the measures necessary to ensure that compliance is restored within the shortest possible time;

Amendment

(b) take the measures necessary to ensure that compliance is restored within the shortest possible time to prevent or minimise any imminent accident;

Amendment 45
Idoia Villanueva Ruiz

Proposal for a regulation
Article 10 - paragraph 1 - point c a (new)

Amendment

(c a) fully restore the affected environment.

Amendment 46
Idoia Villanueva Ruiz

Proposal for a regulation
Article 10 - paragraph 2

Text proposed by the Commission

2. Where the infringement of the rules laid down in this Regulation poses an immediate danger to human health or threatens to cause an immediate significant adverse effect upon the environment, the competent authority may suspend the operation of the installation until compliance is restored in accordance with paragraph 1, points (b) and (c).

Amendment

2. Where the infringement of the rules laid down in this Regulation poses an immediate danger to human health or threatens to cause an immediate significant adverse effect upon the environment, the competent authority shall suspend the operation of the installation until compliance is restored in accordance with paragraph 1, points (b), (c) and (ca).

Amendment 47
Idoia Villanueva Ruiz

Proposal for a regulation
Article 12 - paragraph 1

Text proposed by the Commission

1. The Commission shall develop awareness raising and training material on the sound implementation of the obligations laid down in this Regulation in consultation with representatives of economic operators, carriers, and certifiers, including micro, small and medium-sized enterprises and in collaboration with competent authorities.

Amendment

1. By six months after the entry into force of this Regulation, the Commission shall develop awareness raising and training material on the sound implementation of the obligations laid down in this Regulation. This shall be done based on the Recommendation 2021/06 adopted by the parties to the Convention for the Protection of the Marine Environment of the North-East Atlantic (OSPAR) and in consultation with representatives of economic operators, carriers, and certifiers, including micro, small and medium-sized enterprises and civil society representatives and in collaboration with competent authorities.

Amendment 48
Idoia Villanueva Ruiz

Proposal for a regulation
Article 13 - paragraph 1

Text proposed by the Commission

1. For the purposes of compliance with the obligation referred to in Article 4(7), first subparagraph, point (c), a methodology to estimate quantities of losses shall be developed in harmonised standards in accordance with the procedures established by Regulation (EU) No1025/2012.

Amendment

1. For the purposes of compliance with the obligation referred to in Article 4(7), first subparagraph, point (c), a methodology to estimate quantities of losses shall be developed in harmonised standards by an expert, multi-stakeholder working group in accordance with the procedures established by Regulation (EU) No1025/2012.

Amendment 49
Idoia Villanueva Ruiz

Proposal for a regulation
Article 14 - paragraph 2

Text proposed by the Commission

2. Competent authorities shall assess the substantiated complaint referred to in paragraph 1 and, where necessary, take the necessary steps, including inspections and hearings of the person or organisation, with a view to verifying those complaints. If the complaint is found to be grounded, the competent authorities shall take the necessary actions in accordance with Article 4(3).

Amendment

2. Competent authorities shall assess the substantiated complaint referred to in paragraph 1 and, where necessary, take the necessary steps, including inspections and hearings of the person or organisation, with a view to verifying those complaints. If the complaint is found to be grounded, the competent authorities shall take the necessary actions in accordance with Article 4(3), 9 and 10(2).

Amendment 50
Idoia Villanueva Ruiz

Proposal for a regulation
Article 15 - paragraph 3 - point a a (new)

Amendment

(a a) The absence of remedial measures from the operator in case of incident;

Amendment 51
Idoia Villanueva Ruiz

Proposal for a regulation
Article 16 - paragraph 1

Text proposed by the Commission

1. Member States shall ensure that, where damage to human health has occurred as a result of a infringement of this Regulation, the individuals affected have the right to claim and obtain compensation for that damage from the relevant natural or legal persons and, where appropriate, from the relevant competent authorities responsible for the infringement.

Amendment

1. Member States shall ensure that, where damage to human health or the environment has occurred as a result of a infringement of this Regulation, the individuals and neighbouring communities affected have the right to claim and obtain compensation for that damage from the relevant natural or legal persons and, where appropriate, from the relevant competent authorities responsible for the infringement.

Amendment 52
Idoia Villanueva Ruiz

Proposal for a regulation
Article 16 - paragraph 2

Text proposed by the Commission

2. Member States shall ensure that, as part of the public concerned, non-governmental organisations promoting the protection of human health or the environment and meeting any requirements under national law are allowed to represent the individuals affected and bring collective actions for compensation. Member States shall ensure that a claim for an infringement leading to a damage cannot be pursued twice, by the individuals affected and by the non-governmental organisations referred to in this paragraph.

Amendment

2. Member States shall ensure that, as part of the public concerned, non-governmental organisations promoting the protection of human health or the environment and meeting any requirements under national law are allowed to represent the individuals or ecosystems affected and bring collective actions for compensation. Member States shall ensure that a claim for an infringement leading to a damage cannot be pursued twice, by the individuals affected and by the non-governmental organisations referred to in this paragraph.

Amendment 53
Idoia Villanueva Ruiz

Proposal for a regulation
Article 17 - paragraph 2 - point a

Text proposed by the Commission

(a) the experience gained from the implementation of obligations set out in Articles 4 and 5;

Amendment

(a) the experience gained from the implementation of obligations set out in Articles 3, 4, 5, 8 and 9;

Amendment 54
Idoia Villanueva Ruiz

Proposal for a regulation
Article 17 - paragraph 2 - point d

Text proposed by the Commission

(d) the specific needs of micro, small and medium-sized enterprises.

Amendment

(d) the specific needs of micro enterprises.

Amendment 55
Idoia Villanueva Ruiz

Proposal for a regulation
Article 19 - paragraph 2

Text proposed by the Commission

This Regulation shall apply [OP: please insert the date = 18
months after the entry into force of this Regulation]. However, Article 3(1) shall apply from [OP: please insert the date the date of the entry into force of this Regulation].

Amendment

This Regulation shall apply [OP: please insert the date = 12
months after the entry into force of this Regulation]. However, Article 3(1) shall apply from [OP: please insert the date the date of the entry into force of this Regulation].

Amendment 56
Idoia Villanueva Ruiz

Proposal for a regulation
Annex I - paragraph 1 - point 7 - paragraph 2 - introductory part

Text proposed by the Commission

Economic operators shall consider at least the following, taking into account the nature and size of the installation as well as the scale of its operations:

Amendment

Economic operators shall provide for at least the following, taking into account the nature of the installation:

Amendment 57
Idoia Villanueva Ruiz

Proposal for a regulation
Annex I - paragraph 1 - point 7 - paragraph 2 - point a

Text proposed by the Commission

(a) For prevention: vacuum seals on hoses and pipework; tear- and impact-resistant packaging that can withstand degradation in aquatic environments; equipment to create secure connection points with secondary barriers in place; loading systems designed to ensure transfer lines can be completely emptied after loading and unloading; sealed containers or external silos to store pellets; automated transport systems for pellets;

Amendment

(a) For prevention: 'hazardous for the environment' labels on all storage and transport containers; vacuum seals on hoses and pipework; tear- and impact- resistant rigid packaging including in rough aquatic environments; equipment to create secure connection points with secondary barriers in place; entire site enclosed by cement kerbs forming a total retention volume and including a rainwater retention basin; vacuum filling system for all silos; loading systems designed to ensure transfer lines can be completely emptied after loading and unloading; rigid, sealed, tamper-proof containers and / or external silos with confined base to store pellets; automated transport systems for pellets (pipelines, etc.); gravity filling of tanks in closed hangars; indoor cleaning stations for vehicles, containers, tanks and staff shoes, with filtration and recovery of pellets.

Amendment 58
Idoia Villanueva Ruiz

Proposal for a regulation
Annex I - paragraph 1 - point 7 - paragraph 2 - point b

Text proposed by the Commission

(b) For containment: catchment devices placed along the exterior edge of
loading and unloading areas; industrial vacuum cleaners and hand tools for immediate cleaning; internal and external drain covers, storm water drainage or filtration systems to manage reasonably foreseeable flood or storm events; a sewage treatment system;

Amendment

(b) For containment: filtering catchment devices on rainwater drains; sites enclosed in cement kerbs forming a total retention volume (secondary containment); primary containment including underground retention tanks with steel grating below spill hotspots (transfer points, loading and unloading areas, etc.); no hand tools but use of industrial vacuum cleaners for immediate cleaning; internal and external drain covers with filtration devices (e.g. with a mesh size smaller than the smallest pellets handled on site); storm water drainage or filtration systems to manage foreseeable flood or storm events; a high-performance sewage treatment system;

Amendment 59
Idoia Villanueva Ruiz

Proposal for a regulation
Annex I - paragraph 1 - point 7 - paragraph 2 - point c

Text proposed by the Commission

(c) For clean-up: industrial vacuum cleaners for internal and external usage; dedicated appropriate containers for recovered pellets that are covered, labelled and secured to prevent further spills and losses; hand tools (e.g., brooms, dustpan and brush, buckets, repair tapes); reinforced collection bags.

Amendment

(c) For clean-up: no hand tools but use of industrial vacuum cleaners for internal and external usage; dedicated containers for recovered pellets that are rigid, shock-resistant, waterproof, sealed, labelled and tamper-proof to prevent further spills and losses; emergency adhesive
repair tapes;

Amendment 60
Idoia Villanueva Ruiz

Proposal for a regulation
Annex I - paragraph 1 - point 7 - paragraph 2 - point c a (new)

Amendment

(c a) Operators shall undertake physical testing of equipment to verify its effectiveness in pellet clean-up and shall adjust the risk assessment plan accordingly.

Amendment 61
Idoia Villanueva Ruiz

Proposal for a regulation
Annex I - paragraph 1 - point 8 - paragraph 2 - introductory part

Text proposed by the Commission

Economic operators shall consider at least the following, taking into account the nature and size of the installation as well as the scale of its operations:

Amendment

Economic operators shall implement at least the following, taking into account the nature of the installation:

Amendment 62
Idoia Villanueva Ruiz

Proposal for a regulation
Annex I - paragraph 1 - point 8 - paragraph 2 - point a

Text proposed by the Commission

(a) for prevention: limits on the volumes of pellets transported in certain packaging (e.g., pellets must be packaged and sealed in 25kg sacks, and loaded no more than 1tonne per pallet); regular inspection and maintenance of packaging, containers and storage facilities; use of spill trays under transfer points and during loading and unloading; clear protocols for opening, loading, closing and sealing containers at the start and end of loading; physical testing and monitoring of the effectiveness of prevention procedures;

Amendment

(a) for prevention: limits on the volumes of pellets transported in certain packaging (e.g., pellets must be packaged and sealed in rigid, impact-resistant, waterproof and tamper-proof plastic tanks, and loaded no more than 1 tonne per pallet with prohibition to stack pallets); regular inspection and maintenance of packaging, containers and storage facilities; clear and detailed protocols for opening, loading, closing and sealing containers and tanks at the start and end of loading; physical testing, daily checks, cleaning and monitoring of the effectiveness of prevention procedures;

Amendment 63
Idoia Villanueva Ruiz

Proposal for a regulation
Annex I - paragraph 1 - point 8 - paragraph 2 - point b

Text proposed by the Commission

(b) for containment: regular inspection, cleaning and maintenance of catchment devices; regular inspection, cleaning and maintenance of drain covers, storm water drainage or filtration systems; regular inspection and cleaning of vehicles leaving and/or entering a site, outgoing water facilities and fences on the perimeter of the facility that are in public areas when applicable; immediate replacement or repair of leaking packaging; checks for broken and discarded packaging or containers for residual pellets before disposal or repair; maintenance of sewage treatment system.

Amendment

(b) for containment: regular inspection, cleaning and maintenance of cement kerbs, site ground, retention bins and basin; regular inspection, cleaning and maintenance of drain covers, storm water drainage and filtration systems devices; regular inspection and systematic
cleaning of vehicles leaving a hangar or a site, outgoing water facilities and fences on the perimeter of the facility; immediate replacement of leaking containers; checks for broken and discarded containers to recover residual pellets before disposal or repair; regular inspection, cleaning and maintenance of sewage treatment systems.

Amendment 64
Idoia Villanueva Ruiz

Proposal for a regulation
Annex I - paragraph 1 - point 8 - paragraph 2 - point c

Text proposed by the Commission

(c) for clean-up: spilled plastic pellets are cleaned up immediately to prevent losses to the environment, at the latest upon termination of the operation, and collected in a designated container. If possible, spilled plastic pellets are reused as raw material to reduce wastage. If spilled plastic pellets cannot be reused as raw materials, they are retrieved and disposed of in accordance with waste legislation.

Amendment

(c) for clean-up: spilled plastic pellets are vacuum-cleaned immediately after operation underway to prevent losses to the environment, and collected in a rigid, waterproof, covered and labelled container. If possible, spilled plastic pellets are reused as raw material to reduce wastage. If spilled plastic pellets cannot be reused as raw materials, they are retrieved and disposed of in accordance with waste legislation, as well as damaged containers. Where pellets are lost to the environment, clean-up methods must be appropriate to the environment and ecologically sensitive to prevent further damage and impact on biodiversity and ecosystems.

Amendment 65
Idoia Villanueva Ruiz

Proposal for a regulation
Annex I - paragraph 1 - point 9 - introductory part

Text proposed by the Commission

(9) in addition to elements described in points (1) to (8), economic operators that are medium or large-sized enterprises and operate installations where plastic pellets in quantities above 1 000 tonnes have been handled in the previous calendar year shall also take the following actions:

Amendment

(9) in addition to elements described in points (1) to (8), economic operators that operate installations where plastic pellets have been handled in the previous calendar year shall also take the following actions:

Amendment 66
Idoia Villanueva Ruiz

Proposal for a regulation
Annex I - paragraph 1 - point 9 - point b

Text proposed by the Commission

(b) establish an awareness and training programme, based on the employees' specific roles and responsibilities, on prevention, containment and clean-up, the installation, use and maintenance of equipment, the execution procedures, as well as the monitoring and reporting of pellet losses;

Amendment

(b) establish an awareness and training programme, repeated at regular intervals, based on the employees' specific roles and responsibilities, on prevention, containment and clean-up, the installation, use and maintenance of equipment, the execution procedures, as well as the monitoring and reporting of pellet losses;

Amendment 67
Idoia Villanueva Ruiz

Proposal for a regulation
Annex III - paragraph 1 - point 1

Text proposed by the Commission

(1) For prevention: verification during and after loading and unloading, that pellets are properly removed from the outside of the transport equipment before leaving the loading/unloading site; clear communication on stowage
requirements; prevention of any leakage, including during the transport journey, e.g., by technical suitability of the transport means and containers, supplemented, if necessary, with appropriate sealing; ensuring that protective covers on e.g. forklifts/hydraulic equipment are used to prevent the piercing of packaging; regularly cleaning the loading compartments and the containers to minimise the loss of spilled pellets; visual checking of openings and integrity of the loading compartments prior and, to the extent possible, during the journey, including in the multimodal terminals, rail terminals, inland and seaports.

Amendment

(1) For prevention: 'hazardous for the environment' labels on all storage and transport containers; prohibition to stack pallets; verification, that pellets are properly removed from the outside of the transport equipment after final cleaning before leaving the loading/unloading site; clear visible labelling and
communication on secure, sealed and covered storage requirements; clear, visible labelling, notifications and provisions for safe, sheltered storage of containers housing pellets transported on shipts; prevention of any leakage, including during the transport journey, by technical suitability of the transport means and the choice of rigid, waterproof, tamper-proof and impact-resistant containers including in rough aquatic environments; regularly cleaning and checking the good condition of the containers and trailers to prevent perforation; visual checking of openings and integrity of the loading compartments prior and, to the extent possible, during the journey, including in the multimodal terminals, rail terminals, inland and seaports.

Amendment 68
Idoia Villanueva Ruiz

Proposal for a regulation
Annex III - paragraph 1 - point 2

Text proposed by the Commission

(2) For containment and clean-up: where possible, repair damaged packaging (e.g. by using booms, barriers and tape) and contain the remaining pellets in the loading compartment; collect the spilled pellets in closed containers or bags for proper disposal; in case of transport of pellets in bulk tanks, opening the bottom manhole/cone of the silo tank only after entering the cleaning bay; replace the container liner only in suitable and non-public areas, where any spillage can be contained; notify the authorities such as international and national emergency, or environmental authorities, as appropriate, from the Member State where the event occurred.

Amendment

(2) For containment and clean-up: systematic cleaning of vehicles and staff shoes indoors and replacement of damaged containers before leaving the loading site, in case of spills during transport repair damaged packaging (e.g. by using booms, barriers and adhesive tape) and vacuum the cargo compartment; and contain the remaining pellets in the loading compartment; collect the spilled pellets in closed, rigid and waterproof containers labelled and tamper-proof for proper disposal; in case of transport of pellets in bulk tanks, deploy appropriate spill trays and catchment devices before opening the bottom manhole/cone of the silo tank only after entering the cleaning bay; replace the container liner only in suitable and non-public areas, where any spillage can be contained; immediately notify the authorities such as international and national emergency, or environmental authorities, as appropriate, from the Member State where the event occurred.

Amendment 69
Idoia Villanueva Ruiz

Proposal for a regulation
Annex III - paragraph 1 - point 3

Text proposed by the Commission

(3) Equipment on board: at least one portable lightening apparatus, hand tools (e.g. brooms, dustpan and brush, buckets, repair tapes, etc.); closed collection containers/reinforced collection bags.

Amendment

(3) Equipment on board: at least a mobile phone, one portable lighting apparatus, hand tools (e.g. portable dedicated vacuum cleaners, buckets, adhesive repair tapes, etc.); closed rigid, labelled and tamper-proof collection containers for correct disposal of recovered pellets.

Amendment 70
Idoia Villanueva Ruiz

Proposal for a regulation
Annex III - paragraph 1 - point 3 a (new)

Amendment

(3 a) Establish an awareness and training programme, repeated at regular intervals, based on the employees’ specific roles and responsibilities, on prevention, containment and clean-up, the installation, use and maintenance of equipment, the execution procedures, as well as the monitoring and reporting of pellet losses;

Amendment 71
Idoia Villanueva Ruiz

Proposal for a regulation
Annex III - paragraph 1 - point 3 b (new)

Amendment

(3 b) Set the procedures for informing subcontractors about the relevant procedures to prevent, contain and clean up spills and losses.