Changes from plenary report to plenary report

RemovedRecital 7 a (new): (7a) Several accidents leading to plastic pellet spills and losses have been registered in the Union with transboundary impacts, highlighting the urgent need for ambitious, holistic measures to significantly reduce the risk of plastic pellet pollution while strengthening response capabilities in relation to plastic pellet spills throughout Union territories and waters.

RemovedRecital 7 b (new): (7b) Nearly 90 % of the world's goods are transported by sea, including plastic pellets. However, poor handling practices or a lack of supervision of certain routine operations, such as cleaning hulls or containers, can lead to such pellets leaking out and spilling into the ocean. Furthermore, many maritime pellet disasters have been reported, making maritime transport a high-risk activity in relation to plastic pellet pollution. The impact of such pellet losses is catastrophic for marine and coastal ecosystems as well as the species that comprise them, and the extreme mobility of plastic pellets makes effective containment and clean-up operations difficult. The handling of such pellets is regulated at international level by the 1972 Convention for Safe Containers, and supplemented by the 2023 Sub-Committee on Carriage of Cargoes and Containers circular on the obligation to report lost containers, but they do not provide the guarantees needed to prevent pollution by plastic pellets. The inclusion of maritime transport in the scope of this Regulation, as well as of provisions relating to the handling of plastic pellets specific to this mode of transport, is therefore essential if the objectives of this Regulation are to be achieved.

RemovedThese elements are developed in several international reports, including the Report 'Stemming the tide: putting an end to plastic pellet pollution' published by the NGO Fauna and Flora International in 2022’ and the OSPAR Background document on pre-production Plastic Pellets (2018).

RemovedRecital 9: (9) Despite Union legislation concerning the prevention of waste, pollution, marine litter and chemicals, there are no specific Union rules preventing pellet losses as a source of microplastic pollution along the entire supply chain. Directive 2008/98/EC of the European Parliament and of the Council10 lays down basic waste management principles and imposes general obligations for Member States to take measures to prevent waste generation. Those general obligations should be complemented by addressing specific aspects and requirements for the careful handling of plastic pellets in order to prevent them from escaping into the environment.

RemovedRecital 9 a (new): (9a) This Regulation provides for measures to prevent, contain and clean up plastic pellet pollution occurring following the entry into force of this Regulation, but does not provide for measures to address existing pollution. Cleaning up soil, rivers and streams, and restoring degraded terrestrial, marine, littoral and coastal ecosystems is essential to achieving the 30 % reduction target by 2030, in accordance with the objectives set out in Regulation (EU) 2024/... of the European Parliament and of the Council1a, and the objectives of the European Green Deal. The Commission should develop a set of measures to map and clean up those already polluted areas, and implement them either as part of a European strategy for depolluting microplastics, or through support and accompanying measures for Member States. More broadly, the Union should be involved in promoting solutions along the entire value chain, and should include such solutions in the ongoing negotiations on the development of an international Treaty on Plastic Pollution, as well as in the upcoming 81st session of the Marine Environment Protection Committee of the IMO (IMO MEPC). / 1a Regulation (EU) 2024/… of the European Parliament and of the Council on nature restoration and amending Regulation (EU) 2022/869 (OJ L, ....).

RemovedRecital 12: (12) Commission Regulation (EU) 2023/2055 addresses losses of synthetic polymer microparticles for use at industrial sites i.e. plastic pellets as avoidable releases. For these releases, a reporting requirement for an estimated quantity of microplastics released to the environment on an annual basis is introduced. However, that reporting requirement lacks a methodology to estimate losses, and only provides annual estimates. While this requirement will increase information on pellet losses and improve the quality of the information collected to assess the risks deriving from these microplastics in the future, it is not sufficient to have an overview of the specific nature of the losses and the causes thereof.

RemovedRecital 15: (15) Economic operators, EU carriers and non-EU carriers should implement the requirements on the handling of plastic pellets by following a priority order of action with the paramount goal of preventing the release of pellets in the environment as the top priority. Therefore, preventing spills of plastic pellets from containment during routine handling, thus reducing the risk of spills to the lowest possible level, should be the first step, including by avoiding any unnecessary handling (for instance by reducing the transfer points) and by labelling all storage and transport containers containing plastic pellets as well as by using appropriate packaging, followed by containment of spilled pellets to make sure they do not become a loss to the environment, and eventually by clean up after a spill or loss event as the final step.

RemovedRecital 16: (16) While the aim is to achieve zero plastic pellet losses to the environment for all economic operators, obligations for micro enterprises and enterprises that handle under 1 000 tonnes of plastic pellets annually should be adjusted to mitigate the burden on them.

RemovedRecital 18: (18) In order to prevent plastic pellet losses and to achieve zero plastic pellet losses, economic operators should establish, implement, and update at all times a risk assessment plan identifying potential for spills and losses and documenting in particular specific equipment and procedures in place to prevent, contain and clean up pellet losses, taking into consideration the installation size and the scale of operations.

RemovedRecital 20: (20) Economic operators should put in place the specific equipment to install or the procedures to execute. Nevertheless, competent authorities, while verifying compliance, should be able to require economic operators to amend the risk assessment plan including by taking, in a given timeframe, any of the actions listed in this Regulation to ensure adequate implementation of the requirements of this Regulation. Economic operators should be able to be exempted from installing certain types of equipment or from adopting certain measures if they duly justify such exemptions to the competent authorities, taking into account the nature and size of the installation and the scale of its operations. Micro enterprises should consider at least the specific equipment to be installed or the procedures to be executed, taking into account the nature and size of the installation as well as the scale of its operations.

RemovedRecital 23: (23) The successful implementation of the actions required to prevent plastic pellet losses and to achieve zero plastic pellet losses requires the full cooperation and commitment of economic operators’, EU carriers’ and non-EU carriers’ employees. Economic operators and EU carriers should be required to train their staff according to their employees’ specific roles and responsibilities in order to ensure they are aware of and are able to use the equipment and execute the procedures necessary to ensure compliance with the requirements laid down in this Regulation. Economic operators and EU carriers should also be required to monitor and keep records of the relevant actions to implement the requirements set out in this Regulation, for instance, the placement of new catchment devices. Where appropriate, they should adopt corrective actions including, where necessary, the improvement of equipment and procedures in place.

RemovedRecital 24: (24) Small, medium and large-sized enterprises that operate installations where plastic pellets are handled in quantities above 1 000 tonnes may bring higher risks of pellet losses to the environment. For this reason, these enterprises should be required to implement, for each installation, extra actions like carrying out an annual internal assessment, and adopting a mandatory training programme addressing specific issues in relation to prevention, practices, workers protection, clean-up technologies, use and maintenance of equipment, the execution of procedures, as well as the monitoring and reporting of plastic pellet losses. In addition, for these enterprises, compliance with the requirements laid down in this Regulation should be demonstrated by obtaining, and renewing, a certificate issued by certifiers. These certifiers can either be an accredited conformity assessment body, or an environmental verifier licenced to carry out verification and validation in accordance with Regulation (EC) No 1221/2009 of the European Parliament and of the Council15 on the voluntary participation by organisations in a Community eco-management and audit scheme (EMAS). The certificate should correspond to a unique format in order to ensure homogeneous information. Small enterprises operating installations where plastic pellets in quantities above 1 000 tonnes have been handled should obtain certification only once. Such certification should be valid for 5 years after which they should notify…

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

RemovedRecital 32: (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, while taking into consideration the possible different challenges linked to that compliance and the possible proportionally higher costs. The Commission and the competent authorities should raise awareness among economic operators and carriers regarding the necessity of preventing pellet losses. Additionally, the Commission and the competent authorities should develop training materials, in consultation with all relevant stakeholders, to assist economic operators and carriers in fulfilling their obligations, particularly with respect to the requirements of the risk assessment. That should be done by taking into account the non-binding Recommendation adopted by the parties to the Convention for the Protection of the Marine Environment of the North-East Atlantic (OSPAR). 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 support and specialised training to all personnel handling plastic pellets, as well as financial support and access to finance for micro and small enterprises as well as for installations handling plastic pellets in smaller quantities. Member States actions should be taken in respect of applicable State aid ru…

RemovedRecital 33: (33) In order to facilitate common grounds to estimate the losses of plastic pellets to the environment, it is necessary to have a standardised methodology set in a harmonised standard that is adopted in accordance with Regulation (EU) No 1025/2012 of the European Parliament and of the Council16. Pending the adoption of the standardised methodology, economic operators should indicate the methodology used when reporting losses of plastic pellets.

RemovedWhile it is of course preferable to have a standardised reporting methodology for pellet losses, absence of such a method should not lead to economic operators not reporting pending the adoption of the standardised methodology. It should therefore be clarified that pending the adoption of the standardised methodology, economic operators should indicate the methodology used when reporting losses of plastic pellets.

RemovedRecital 38: (38) In order to ensure that economic operators are effectively dissuaded from non-compliance with the requirements laid down in this Regulation, Member States should lay down rules on penalties applicable to infringements of this Regulation and ensure that those rules are implemented. The penalties provided should be effective, proportionate and dissuasive. To facilitate a more consistent application of penalties, it is necessary to establish common criteria for determining the types and levels of penalties to be imposed in case of infringement. Those criteria should include, inter alia, the nature and gravity of the infringement as well as the economic benefits derived from the infringement in order to ensure that those responsible are deprived of those benefits. Member States should endeavour to ensure that the revenue generated from the penalties, or its equivalent financial value, is used to support projects aimed at cleaning up areas polluted by plastic and avoiding plastic pellet pollution.

RemovedRecital 39: (39) When setting penalties and measures for infringements, the Member States should foresee that, based on the gravity of the infringement, the level of fines should effectively deprive the non-compliant economic operator, EU carriers and non-EU carriers from the economic benefit derived from non-compliance with the obligations deriving from this Regulation, including in cases of repeated infringements. The gravity of the infringement should be the leading criterion for the measures taken by the enforcement authorities. The maximum amount of fines should, in case of an infringement committed by a legal person, represent at least 3% of the economic annual turnover in the Union.

RemovedArticle 1 – paragraph 1: 1. 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.

RemovedArticle 2 – paragraph 1 – point a: (a) ‘plastic pellet’ means a small mass of preformed polymer-containing moulding material, regardless 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;

RemovedArticle 2 – paragraph 1 – point a a (new): (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.

RemovedArticle 2 – paragraph 1 – point b: (b) ‘spill’ means a one-off or prolonged escape of plastic pellets from primary containment;

RemovedArticle 2 – paragraph 1 – point c: (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 the transport of plastic pellets;

RemovedArticle 2 – paragraph 1 – point d: (d) ‘installation’ means any premises, structure, site or place within which one or more economic activities involving the handling of plastic pellets are carried out;

RemovedArticle 2 – paragraph 1 – point f: (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;

RemovedArticle 2 – paragraph 1 – point g: (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;

RemovedArticle 3 – paragraph 1: 1. 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.

RemovedArticle 3 – paragraph 3: 3. 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.

RemovedArticle 3 – paragraph 3 a (new): 3a. Without prejudice to Regulation (EC) No 1272/2008 of the European Parliament and of the Council1a, 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. / 1a Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006 (OJ L 353, 31.12.2008, p. 1).

RemovedArticle 3 – paragraph 4: 4. Competent authorities shall establish and maintain a register containing the information they have received in accordance with paragraphs 2 and 3. The register shall be publicly available and easily accessible.

RemovedArticle 4 – paragraph 2: 2. 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 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 3 years from the last notification.

RemovedArticle 4 – paragraph 2 a (new): 2a. 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).

RemovedArticle 4 – paragraph 3 – point a: (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;

RemovedArticle 4 – paragraph 4: 4. Competent authorities shall establish, maintain, and update a register containing the risk assessment plans, self-declarations of conformity and loss notifications provided in accordance with Annex IVa. The register shall be publicly available on a website.

RemovedArticle 4 – paragraph 7 – subparagraph 1 – introductory part: Economic operators, EU carriers and non-EU carriers shall have the following obligations:

RemovedArticle 4 – paragraph 7 – subparagraph 1 – point a: (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;

RemovedArticle 4 – paragraph 7 – subparagraph 1 – point c: (c) keep records of annually estimated quantities of losses and of the total quantities of plastic pellets handled.

RemovedArticle 4 – paragraph 8: 8. 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, without delay.

RemovedArticle 4 – paragraph 9 – introductory part: 9. Every year economic operators that are not micro enterprises or 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 shall among others cover the following subjects:

RemovedArticle 4 – paragraph 9 – point b: (b) the preventive, containment and clean up equipment and/or procedures implemented to avoid future losses, and an evaluation of their effectiveness;

RemovedArticle 4 – paragraph 9 – point c: (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.

RemovedArticle 4 – paragraph 9 – subparagraph 1 a (new): The 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.

RemovedArticle 5 – paragraph 2: 2. By … [OP: please insert the date = 36 months after the entry into force of this Regulation], and thereafter every three 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.

RemovedArticle 5 – paragraph 2 a (new): 2a. 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.

RemovedArticle 5 – paragraph 3: 3. 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.

RemovedArticle 7 – paragraph 1 – introductory part: The accreditation of certifiers referred to in Article 2, point (k)(i) shall include an evaluation of compliance with the following requirements:

RemovedArticle 8 – paragraph 1: 1. 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.

RemovedArticle 8 – paragraph 2 – introductory part: 2. At the latest by … [OP please insert the date = the first day of the month after three 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:

RemovedArticle 8 – paragraph 2 – point a: (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;

RemovedArticle 8 – paragraph 3 a (new): 3a. 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.

RemovedArticle 9 – paragraph 1 – introductory part: 1. Without prejudice to Directive 2004/35/EC, in the event of an incidental or accidental loss affecting human health or the environment, economic operators, EU carriers and non-EU carriers shall immediately:

RemovedArticle 9 – paragraph 1 – point a: (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;

RemovedArticle 9 – paragraph 1 – point a a (new): (aa) take measures to contain and clean up such losses in an ecologically sensitive manner;

RemovedArticle 9 – paragraph 1 – point b: (b) take all possible measures to minimise the health or environmental consequences, and to prevent further incidents or accidents.

RemovedArticle 9 – paragraph 2: 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 and organise specific training to minimise the health or environmental consequences and to prevent further incidents or accidents.

RemovedArticle 9 – paragraph 3: 3. In the event of any incident or accident 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.

RemovedArticle 10 – paragraph 2: 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) and (c).

RemovedArticle 11 – paragraph 1: 1. Member States shall designate one or more competent authorities for the application and enforcement of this Regulation and shall inform the Commission accordingly.

RemovedArticle 12 – paragraph 1: 1. 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.

RemovedArticle 12 – paragraph 2 – subparagraph 1: Member States shall ensure that economic operators and carriers get access to information and assistance regarding compliance with this Regulation.

RemovedArticle 12 – paragraph 2 – subparagraph 1 a (new): Without 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: / (a) specialised management and staff training, including the organisation of training programmes; / (b) organisational and technical assistance.

RemovedArticle 12 – paragraph 2 – subparagraph 2 – introductory part: Without 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 also take the form of:

RemovedArticle 12 – paragraph 2 – subparagraph 2 – point b: (b) access to finance, including for the purpose of acquiring equipment required to achieve compliance;

RemovedArticle 12 – paragraph 2 – subparagraph 2 – point c: deleted

RemovedArticle 12 – paragraph 2 – subparagraph 2 – point d: deleted

RemovedArticle 13 – paragraph 1: 1. For the purposes of compliance with the obligation referred to in Article 4(7), first subparagraph, point (c), and Annex IVa, a methodology to estimate quantities of losses shall be developed in harmonised standards in accordance with the procedures established by Regulation (EU) No1025/2012.

RemovedArticle 14 – paragraph 2: 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), Article 9(2) and Article 10(2).

RemovedArticle 15 – paragraph 2: 2. The penalties referred to in paragraph 1 shall include fines proportionate to the turnover of the legal person or to the income of the natural person having committed the infringement. The level of the fines shall be calculated in such a way as to make sure that they effectively deprive the person responsible for the infringements of the economic benefits derived from those infringements. The level of the fines shall be gradually increased for repeated infringements. In the case of an infringement committed by a legal person, the maximum amount of such fines shall be at least 3 % of the economic operator’s annual turnover in the Union in the business year preceding the fining decision.

RemovedArticle 15 – paragraph 3 a (new): 3a. Member States shall endeavour to ensure that the revenue generated from the penalties referred to in paragraph 1, or its equivalent financial value, is used to support projects aimed at cleaning up areas polluted by plastic before ... [the date of entry into force of this Regulation] and avoiding plastic pellet pollution. / Projects financed by the revenue generated from penalties as referred to in the first subparagraph may contribute to promoting scientific work to study the impact of plastic pellets on human health and the environment, supporting research and development in the area of plastic pellet pollution, implementing awareness programmes, and financing training programmes specifically designed for micro and small enterprises. / By … [60 months from the entry into force of this Regulation], and every year thereafter, the Commission shall report to the European Parliament and to the Council on how the revenue generated from penalties in the previous year has been used and how such use has contributed to the reduction of plastic pellet pollution, including information on the beneficiaries and the level of expenditure concerning the objectives set out in the first and second subparagraphs.

RemovedArticle 17 – paragraph 1: The Commission is empowered to adopt delegated acts in accordance with Article 19 to amend Annexes I to IVb in order to take account of the technical progress and scientific developments.

RemovedArticle 17 – paragraph 2 – point a: (a) the experience gained from the implementation of obligations set out in Articles 3, 4, 5, 8 and 9;

RemovedArticle 17 a (new): Article 17a / Review / The Commission shall monitor the application of this Regulation and relevant developments at the IMO. By ... [8 years from the entry into force of this Regulation], the Commission shall publish a comprehensive report on the overall application of this Regulation and its effectiveness and shall submit, where appropriate, a legislative proposal to amend this Regulation.

RemovedArticle 17 b (new): Article 17b / Traceability / By … [24 months from the entry into force of this Regulation], the Commission shall publish a report on the possibility of introducing chemical traceability of plastic pellets. That report shall at least consider : / (a) the technical feasibility of introducing a unique and differentiable, chemical signature which is not harmful to the environment or human health; / (b) setting up a Union database of all chemical signatures. / Where appropriate, the report referred to in the first paragraph shall be accompanied by a legislative proposal.

RemovedAnnex I – paragraph 1 – point 1 a (new): (1a) the number of tonnes of plastic pellets handled per year;

RemovedAnnex I – paragraph 1 – point 3 a (new): (3a) information relating to the chemical nature of each polymer contained in plastic pellets on site, including information on physico-chemical properties and hazard proprieties;

RemovedAnnex I – paragraph 1 – point 7 – paragraph 2 – introductory part: Economic operators shall put in place at least the following, taking into account the nature and size of the installation as well as the scale of its operations:

RemovedAnnex I – paragraph 1 – point 7 – paragraph 2 – point a: (a) For prevention: vacuum seals on hoses and pipework; tear- and impact-resistant, waterproof, sealed and labelled packaging that can withstand degradation in rough 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; shock-resistant, waterproof, sealed and labelled containers or external silos to store pellets; automated transport systems for pellets, filters to prevent the spread of pellet dust in the air and on site;

RemovedAnnex I – paragraph 1 – point 7 – paragraph 2 – point b: (b) For containment: spill trays and catchment devices placed along the exterior edge of loading and unloading areas; in-ground retention tanks with steel grating below spill hotspots such as transfer points; industrial vacuum cleaners and hand tools for immediate cleaning; indoor and outdoor drain covers on all drains with a mesh size smaller than the smallest plastic pellets handled on site, storm water drainage or filtration systems to manage reasonably foreseeable flood or storm events; a sewage treatment system;

RemovedAnnex I – paragraph 1 – point 7 – paragraph 2 – point c: (c) For clean-up: industrial vacuum cleaners for internal and external usage; dedicated appropriate containers for recovered pellets that are shock-resistant, waterproof, sealed, labelled and secured to prevent further spills and losses; hand tools (e.g., brooms, dustpan and brush, buckets, repair tapes); reinforced collection bags.

RemovedAnnex I – paragraph 1 – point 7 – paragraph 2 a (new): Exemptions in relation to the installation of certain types of equipment referred to in this point shall be possible for economic operators that are able to justify such exemptions to the competent authorities, taking into account the nature and size of the installation as well as the scale of its operations. / Economic operators that are micro-enterprises shall consider at least the elements set out in this point, taking into account the nature and size of the installation as well as the scale of its operations.

RemovedAnnex I – paragraph 1 – point 8 – paragraph 2 – introductory part: Economic operators shall put in place at least the following measures taking into account the nature and size of the installation as well as the scale of its operations:

RemovedAnnex I – paragraph 1 – point 8 – paragraph 2 – point a: (a) for prevention: limits on the volumes of pellets transported in certain packaging (e.g., pellets must be packaged and sealed in 25kg tear- and impact-resistant packaging that can withstand degradation in aquatic environments, and loaded no more than 1 tonne 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;

RemovedAnnex I – paragraph 1 – point 8 – paragraph 2 – point b: (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 installation's boundaries 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; regular inspection, cleaning and maintenance of sewage treatment system.

RemovedAnnex I – paragraph 1 – point 8 – paragraph 2 – point c: (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 waterproof, sealed 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; along with damaged containers;

RemovedAnnex I – paragraph 1 – point 8 – paragraph 2 a (new): Exemptions in relation to taking the measures referred to in this point shall be possible for economic operators that are able to justify such exemptions to the competent authorities, taking into account the nature and size of the installation as well as the scale of its operations. / Economic operators that are micro enterprises shall consider at least the elements set out in this point, taking into account the nature and size of the installation as well as the scale of its operations.

RemovedAnnex I – paragraph 1 – point 9 – introductory part: (9) in addition to elements described in points (1) to (8), economic operators that are not micro-enterprises shall also take the following actions:

RemovedAnnex III – paragraph 1 – point 1: (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, visible labelling concerning safe stowage and storage 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 waterproof, sealed tear- and impact-resistant packaging that can withstand degradation in aquatic environments; spill trays and catchment devices; ensuring that protective covers on e.g. forklifts/hydraulic equipment are used to prevent the piercing of packaging; regularly cleaning and checking whether the loading compartments are in good condition, containers and trailers to contain and 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.

RemovedAnnex III – paragraph 1 – point 1 a (new): (1a) Additional measures to be taken and equipment specifically applicable to maritime and inland waterway transport: / (a) provide a clear indication of the containers containing plastic pellets; / (b) store plastic pellets in containers in good condition and avoid protrusions that could tear bags and boxes and store containers in the hold and not on deck; / (c) contain, clean up and avoid losses of plastic pellets into water when cleaning the boarding area, deck, hold or in a shipping container.

RemovedAnnex III – paragraph 1 – point 2: (2) For containment and clean-up: replace or where possible repair damaged packaging (e.g. by using booms, barriers and tape) and contain the remaining pellets in the container or loading compartment; collect the spilled pellets in closed waterproof containers labelled and sealed 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.

RemovedAnnex III – paragraph 1 – point 3: (3) Equipment on board: at least one portable lighting device, hand tools (e.g. brooms, dustpan and brush, buckets, repair tapes, etc.); closed collection containers/reinforced collection bags.

RemovedAnnex III – paragraph 1 – point 3 a (new): (3a) Training: establish an awareness and training programme, based on the employees' specific roles and responsibilities, on prevention, containment and clean-up of plastic pellet losses, the installation, use and maintenance of equipment, the execution procedures, as well as the monitoring and reporting of plastic pellet losses.

RemovedAnnex IV a (new): ANNEX IVa / FORM FOR LOSS TRACKING / Place of Incident: [Text Box] / Pellet Loss Tracking Form / Date of Incident: [date] / Time of Incident: [time] / Location of Loss: / [ ] Production Area / [ ] Storage Area / [ ] Manufacturing Area / [ ] Transportation / Description of Pellet Loss: / [Text Box] / Estimated Quantity of Lost Pellets: / [Text Box] / [Text Box – estimated quantity of lost pellets based on the standardised methodology referred to in Article 13] / Cause of Loss: / [ ] Equipment Malfunction / [ ] Human Error / [ ] Environmental or Weather Factors (Specify): [Text Box] / [ ] Other (Specify): [Text Box] / Immediate Actions Taken: / [Text Box] / Clean-up Measures: / [ ] Sweeping / [ ] Vacuuming / [ ] Absorbent Materials / [ ] Containment / [ ] Disposal / Environmental Impact Assessment: / [ ] Soil Contamination / [ ] Water Contamination / [ ] Air Quality Contamination / [ ] Wildlife Impact / Witness Information (if applicable): / Name: [Text Box] / Contact Number: [Text Box] / Email Address: [Text Box] / Reporting Person: / Name: [Text Box] / Position: [Text Box] / Contact Number: [Text Box] / Email Address: [Text Box] / Attachments (e.g., photos, reports): / [File Upload] / Additional comments: [Text Box]

RemovedAccording to research, there is currently more than 2 million tonnes of microplastics floating in the sea. Data from the United Nations Environment Programme points to more than 430 million tonnes of plastic produced annually. Two-thirds are short-lived products that soon become waste, filling the ocean and, often, working their way into the human food chain.

RemovedAs the Commission clearly states in its impact assessment, which is also widely acknowledged by the stakeholders of this sector, the biggest issue with microplastics from pellets plastic production lies on the handling and transporting of these products. Once in the environment, these microplastics are almost impossible to capture. Therefore, all major efforts should be put into monitoring and prevention, thus avoiding any kind of preventable losses.

RemovedThe impact of microplastics, once lost in the environment, are prejudicial for nature, ecosystems and biodiversity, but also for food chains and to human health. They also contribute to the increase of carbon emissions and negatively impact other agents that are responsible for carbon captures in the sea. Furthermore, the fact that they are of a very small dimension (no bigger than 5mm), contributes to its very high mobility, which means that they can easily be moved by different means, including air, land, surface waters and marine currents. They can also be found in soil, comprising agricultural land, whether directly or through the reuse of residual waters for agriculture, which can be detrimental to the quality of soils food consumption and human health.

RemovedThere is also recognition that plastic pellets are the third main source of microplastics pollution through unintentional releases, which also include paints, tyres and textiles as other major sources. The current Regulation presented by the Commission aims at tackling the specific pollution from pellets releases into the environment, which shall be complemented by a much-needed revision of the REACH regulation, besides other relevant EU legislation such as the EURO 7, the Plastics Strategy, the Circular Economy Action Plan and the Zero Pollution Action Plan, among others.

RemovedConsidering the Commission’s approach, it is the Rapporteur’s understanding that it sets a solid base for tackling the main challenge, namely the handling and transport of plastic pellets, based on a comprehensive impact assessment. It insists on the idea of increasing and improving monitoring, reporting and certification methods and instruments, thus providing a better overview of the total actual amount of the losses.

RemovedIt also sets the different actions and measures to be taken by the different agents of the value chain, such as producers, operators and carriers, as well as the role of competent authorities in the Member-states. At the same time, it sets different approaches and targets according to the size of the enterprise, creating exemptions and introducing less costly procedures for SMEs.

RemovedHowever, it is the Rapporteur’s opinion that there is room for improvement of the proposal.

RemovedThe first matter of improvement is the definition of microplastics, which is consensually understood by the scientific community to include also powders, flakes and dust, which was omitted in the Commission’s proposal.

RemovedSecondly, the Rapporteur wants to introduce the possibility for a reduction of the tonnage per year which would allow for exemptions according to the Commission’s proposal, from 1000 tonnes to 250 tonnes. The same logic shall apply to exemptions to Small and Medium Enterprises, as the Rapporteur believes that the proposed exemptions should only apply to Micro Enterprises. This is also the approach established by the OSPAR Recommendation.

RemovedFinally, the Rapporteur’s approach on the previous points derives from the conviction that not only preventive measures, as well as repairing of detected flaws, is much more cost effective for enterprises, by allowing a return on investment on the recovery of the losses, but also by driving the ambition up in reducing the quantity of microplastics in the environment and all its collateral consequences, including for human health.

RemovedThe Rapporteur strongly feels that there is a broad consensus in society regarding the need to reduce the presence of microplastics in the environment. For this reason, following the good recommendation elaborated by OSPAR and the openness and availability of the economic sector to improve the initial proposal of the Commission, this Report aims at improving the requisites of spilling prevention in all phases of pellets production and handling, including transportation, while at the same time guaranteeing important safeguards for companies to not significantly impact their economic operations.