Changes from plenary report to adopted text

AddedArticle 1 Subject matter and scope

Added1. This Regulation lays down obligations for the handling of plastic pellets at all stages of the supply chain to prevent losses, with the objective of achieving zero plastic pellet losses. [Am. 20]

Added2. This Regulation applies to the following subjects:

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

Added(b) EU carriers and non-EU carriers transporting plastic pellets in the Union.

AddedArticle 2 Definitions

AddedFor the purposes of this Regulation, the following definitions apply:

Added(a) ‘plastic pellet’ means a small mass of preformed polymer-containing moulding material, having relatively uniform dimensions in a given lotregardless of its shape or form, including powders, cylinders, beads and flakes, to which additives might have been added, that is used as feedstock in plastic product manufacturing and plastic recycling operations; [Am. 21]

Added(aa) 'plastic pellet dust' means the industrial residue from the handling, grinding or processing of plastic pellets, that is not used as feedstock in plastic product manufacturing operations; [Am. 22]

Added(b) ‘spill’ means a one-off or prolonged escape of plastic pellets from primary containment; [Am. 23]

Added(c) ‘loss’ means a one-off or prolonged escape of plastic pellets at any stage of the supply chain, including from the installation’s boundary to the environment or from road vehicles, rail wagons or inland waterway vessels transportingthe transport of plastic pellets; [Am. 24]

Added(d) ‘installation’ means any premises, structure, environmentsite or place within which one or more economic activities involving the handling of plastic pellets are carried out; [Am. 25]

Added(e) ‘economic operator’ means any natural or legal person who operates or controls in whole or in part the installation, or, where this is provided for in national law, to whom decisive economic power over the technical functioning of the installation has been delegated;

Added(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; [Am. 26]

Added(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; [Am. 27]

Added(h) ‘micro, small or medium-sized enterprise’ means a micro, small or medium-sized enterprise within the meaning of the Annex to Commission Recommendation 2003/361/EC;

Added(i) ‘large-sized enterprise’ means an enterprise that is not a micro, small or medium-sized enterprise;

Added(j) ‘competent authority’ means an authority or a body designated by a Member State to carry out its obligations under this Regulation;

Added(k) ‘certifier’ means any of the following:

Added(i) a conformity assessment body as defined in Article 2(13) of Regulation (EC) 765/2008 of the European Parliament and of the Council or any other association or group of such bodies, which has obtained accreditation in accordance with this Regulation;

Added(ii) an environmental verifier, as defined in Article 2(20), point (b), of Regulation (EC) No 1221/2009;

Added(l) ‘conformity assessment’ means the process demonstrating whether an installation fulfils the applicable rules of this Regulation and of the delegated acts adopted on the basis thereof;

AddedArticle 3 General obligations

Added1. Economic operators, EU carriers and non-EU carriers shall ensure that losses are avoided. Where spills and losses occur, economic operators, EU carriers and non-EU carriers shall take immediate action to contain and clean-up those spills and losses. [Am. 28]

Added2. Economic operators and EU carriers shall notify the competent authority, in the manner determined by the latter, of each installation they operate and of when engaging in the transport of plastic pellets, as applicable.

Added3. Economic operators and EU carriers shall notify the competent authorities of the Member State in which they are established, of any significant change in their installations and activities related to handling and transport of plastic pellets, including of any closure of an existing installation, as applicable. [Am. 29]

Added3a. Without prejudice to Regulation (EC) No 1272/2008 of the European Parliament and of the Council, economic operators shall, for the purposes of this Regulation, label all storage and transport containers containing plastic pellets in accordance with Annex IVb to this Regulation. [Am. 30]

Added4. Competent authorities shall establish and maintain a public register containing the information they have received in accordance with paragraphs 3 and 42 and 3. The register shall be publicly available and easily accessible. [Am. 31]

AddedArticle 4 Obligations regarding the handling of plastic pellets

Added1. Economic operators shall take the following actions:

Added(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;

Added(b) install the equipment and execute the procedures described in the risk assessment plan referred to in point (a);

Added(c) notify the risk assessment plan referred to in point (a) to the competent authority of the Member State where the installation is located together with a self-declaration of conformity issued in accordance with the model form set out in Annex II.

AddedEconomic operators shall keep the risk assessment plan up-to-date, taking into account in particular the weaknesses identified through their experience in handling plastic pellets, and shall make it available to competent authorities on demand.

Added2. Economic operators that are small, 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 53 years from the last notification. [Am. 32]

Added2a. Economic operators that are small enterprises operating installations where plastic pellets in quantities above 1 000 tonnes have been handled in the previous calendar year shall comply with the obligations laid down in paragraph 2 of this Article, unless they hold a valid certificate issued in accordance with Article 5(2a). [Am. 33]

Added3. Competent authorities may require economic operators to take the following actions:

Added(a) to change risk assessment plans notified in accordance with paragraphs 1 and 2 to ensure that the losses can effectively be prevented orand, where appropriate, contained and cleaned up and that Annex I is complied with; [Am. 34]

Added(b) implement any of the actions listed in Annex I in a timely manner.

Added4. Competent authorities shall establish, maintain, and update a register containing the risk assessment plans and, self-declarations of conformity notifiedand loss notifications provided in accordance with paragraphs 1 and 2 of this ArticleAnnex IVa. The register shall be publicly available on a website. [Am. 35]

Added5. 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.

Added6. When economic operators implement the actions set out in the risk assessment plan established in accordance with Annex I and the EU carriers and non-EU carriers implement the actions laid down in Annex III, they shall take action, in the following priority order:

Added(a) actions to prevent spills

Added(b) actions to contain spills to avoid they become a loss;

Added(c) actions to clean-up after a spill or loss.

Added7. Economic operators, EU carriers and non-EU and EU carriers shall have the following obligations: [Am. 36]

Added(a) ensure that their staff is trained according to their specific roles and responsibilities and that they are aware of and are able to use the relevant equipment, including adequate personal protection equipment, and execute the procedures set out to ensure compliance with this Regulation; [Am. 37]

Added(b) keep records of the actions taken to comply with the obligations set out in this Article;

Added(c) keep records of annually estimated quantities of losses and of the total volumequantities of plastic pellets handled. [Am. 38]

AddedAs from six months after the publication of the relevant harmonised standard in the Official Journal of the European Union or from the date of application of the implementing act referred to in Article 13(2) of this Regulation economic operators shall estimate the quantities of losses referred to in the first subparagraph, point (c) in accordance with the standardised methodology referred to in Article 13.

AddedEconomic 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.

Added8. Where an action taken for the prevention, containment and clean-up of spills and losses fails, economic operators, EU carriers and non-EU carriers shall take corrective actions, as soon as possiblewithout delay. [Am. 39]

Added9. Every year economic operators that are not micro or small-sized enterprises andor 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 mayshall among others cover the following subjects: [Am. 40]

Added(a) the estimated quantities and causes of losses;

Added(b) the preventive, containment and clean up equipment and/or procedures implemented to avoid future losses, and an evaluation of their effectiveness; [Am. 41]

Added(c) discussions with and training programmes involving the personnel, inspections of equipment, including adequate personal protection equipment, and procedures in place and revision of any relevant documentation. [Am. 42]

AddedThe economic operators referred to in the first subparagraph shall maintain records of the assessments and of any actions taken subsequently, and shall make such records available to competent authorities on demand. [Am. 43]

AddedArticle 5 Certification

Added1. 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.

Added2. By … [OP: please insert the date = 36 months after the entry into force of this Regulation], and thereafter every fourthree 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. [Am. 44]