Changes from plenary report to adopted text

Added2a. By … [60 months from the entry into force of this Regulation], economic operators that are small 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. That certificate shall be valid for 5 years. [Am. 45]

Added3. Certifiers shall carry out spot-checks and inspections of sites, means of transport and immediately surrounding areas to ensure that all measures included in the risk assessment plan carried out in accordance with Annex I are duly implemented. [Am. 46]

Added4. Certificates shall meet the following requirements:

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

Added(b) specify the economic operator, the installation covered by the certificate, the date of the spot-checks carried out, and the period of validity;

Added(c) certify conformity of the installation covered by the certificate with the requirements laid down in Annex I;

Added5. Without undue delay, certifiers shall notify the competent authority of the following:

Added(a) certificates issued;

Added(b) certificates suspended or withdrawn;

Added(c) changes in certificates.

AddedCompetent authorities shall establish and maintain and keep up to date a register of certificates. The register shall be publicly available on a website.

AddedArticle 6 Environmental management systems

AddedEconomic 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.

AddedArticle 7 Accreditation of certifiers

AddedThe accreditation of certifiers referred to in Article 32, point (k)(i) shall include an evaluation of compliance with the following requirements: [Am. 47]

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

Added(b) the certifier, its top-level management and the personnel responsible for the conformity assessment shall not engage in any activity that may conflict with their independence of judgement or integrity in relation to the certification activities;

Added(c) the certifier and its personnel shall carry out their activities with the highest degree of professional integrity and the requisite technical competence and shall be free from all pressures and inducements, including financial, which might influence their judgement or the results of their certification activities;

Added(d) the certifier shall have the expertise, equipment and infrastructure required to perform the conformity assessment in relation to which it has been accredited;

Added(e) the certifier shall have a sufficient number of suitably qualified and experienced personnel responsible for carrying out the conformity assessment tasks;

Added(f) the personnel of a certifier shall observe professional secrecy with regard to all information obtained in carrying out the conformity assessment tasks;

Added(g) where a certifier subcontracts specific tasks connected with certification or has recourse to a subsidiary, it shall take full responsibility for the tasks performed by subcontractors or subsidiaries and shall assess and monitor the qualifications of the subcontractor or the subsidiary and the work carried out by them.

AddedArticle 8 Verification of compliance and reporting

Added1. Competent authorities shall verify compliance of economic operators, EU carriers and non-EU carriers with the obligations laid down in this Regulation, taking into account the information provided in self-declarations of conformity referred to Article 4(1) and (2) and provided by certifiers in accordance with Article 5(5). The competent authorities shall carry out unannounced environmental inspections and other verification measures, following a risk-based approach. [Am. 48]

Added2. At the latest by … [OP please insert the date = the first day of the month after fourthree 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: [Am. 49]

Added(a) the number of economic operators per size of enterprise according to Commission Recommendation 2003/361/EC and per economic activity, their installations and the quantities of plastic pellets handled by them, and of the EU carriers and their means of transport allocated to transporting plastic pellets and the quantities handled by them; [Am. 50]

Added(b) the number of risk assessment plans, self-declarations notified pursuant to Article 4(1) and 4(2) and certificates notified pursuant to Article 5(5);

Added(c) the number and results of environmental inspections and other verification measures carried under paragraph 1 of this Article as well as the number of incidents and accidents reported in accordance with Article 9(1) and the measures taken in case of non-compliance with the obligations set out in this Regulation.

Added3. The Commission shall lay down by means of implementing acts a format for the reports referred to in paragraph 2.

Added3a. Every three years, based on the reports of Member States referred to in paragraph 2, the Commission shall produce a synthesis report on compliance and reporting, setting out the qualitative and quantitative information on the implementation of this Regulation contained in the Member States’ reports. [Am. 51]

AddedArticle 9 Incidents and accidents

Added1. 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: [Am. 52]

Added(a) inform the competent authority in whose territory the incident or accident occurred, as well as the competent authority of any territory that is likely to be affected, and the estimated quantities of losses in accordance with the form set out in Annex IVa; [Am. 53]

Added(aa) take measures to contain and clean up such losses in an ecologically sensitive manner; [Am. 54]

Added(b) take all possible measures to limitminimise the health or environmental consequences, and to prevent further incidents or accidents. [Am. 55]

Added2. 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 and organise specific training to minimiseto limit the health or environmental consequences and to prevent further incidents or accidents. [Am. 56]

Added3. In the event of any incident or accident significantly affecting human health or the environment in another Member State, the competent authority in whose territory the accident or incident occurred shall immediately inform the competent authority of that other Member State. [Am. 57]

AddedArticle 10 Non-compliance

Added1. In the event of an infringement of the rules laid down in this Regulation, economic operators, EU carriers and non-EU carriers shall immediately:

Added(a) inform the competent authority;

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

Added(c) comply with any complementary measures determined by the competent authority as necessary to restore compliance.

Added2. 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 mayshall suspend the operation of the installation until compliance is restored in accordance with paragraph 1, points (b) and (c). [Am. 58]

AddedArticle 11 Designation and powers of competent authorities

Added1. Member States shall designate one or more competent authorities for the application and enforcement of this Regulation and shall inform the Commission accordingly. [Am. 59]

Added2. Member States shall confer on their competent authorities the powers of inspection and enforcement necessary to ensure compliance with this Regulation.

Added3. The powers referred to in paragraph 2 shall include at least the following:

Added(a) the power of access to any relevant documents, data or information related to an infringement of this Regulation, in any form or format and irrespective of their storage medium, or the place where they are stored, and the power to take or obtain copies thereof;

Added(b) the power to require any natural or legal person to provide any relevant information, data or documents, in any form or format and irrespective of their storage medium or the place where they are stored, for the purposes of establishing whether an infringement of this Regulation has occurred or is occurring and the details of such infringement;

Added(c) the power to start an inspection on their own initiative to bring about the cessation or prohibition of infringements of this Regulation;

Added(d) the power of access to installations.

Added4. Competent authorities may use any information, document, finding, statement or intelligence as evidence for the purpose of their environmental inspections and other verification measures, irrespective of the format or medium on which they are stored.

Added5. Where there is more than one competent authority in their territory, Member States shall ensure that appropriate communication and coordination mechanisms are established.

AddedArticle 12 Assistance relating to compliance

Added1. By ... [12 months from the entry into force of this Regulation], the Commission shall develop and fund awareness raising and training material, which may take the form of guides and courses, 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, social partners, civil society representatives and non-governmental organisations and in collaboration with competent authorities. [Am. 60]

Added2. Member States shall ensure that economic operators and carriers, especially micro, small and medium-sized enterprises, get access to information and assistance regarding compliance with this Regulation. [Am. 61]

AddedWithout prejudice to applicable State aid rules, the assistance referred to in the first subparagraph for micro, small and medium-sized enterprises may take the form of:

Added(a) specialised management and staff training, including the organisation of training programmes;

Added(b) organisational and technical assistance. [Am. 62]

AddedWithout prejudice to applicable state aid rules, the assistance referred to in the first subparagraph for micro and small enterprises as well as for installations handling plastic pellets in quantities below the threshold set out in Article 4(2) may alsomay take the form of: [Am. 63]