Changes from report parliamentary committee draft to report parliamentary committee draft

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 4% 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 and eliminate 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 and form, and including powders, flakes and dust, that is used as feedstock in plastic product manufacturing operations;

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

RemovedArticle 2 – paragraph 1 – point c: (c) ‘loss’ means a one-off or prolonged escape of plastic pellets from 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, area 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 4: 4. Competent authorities shall establish and maintain a register containing the information they have received in accordance with paragraphs 2 and 3. That register shall be public and easily accessible.

RemovedArticle 4 – paragraph 2: 2. Economic operators that are operating installations where plastic pellets in quantities below 250 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 3 – introductory part: 3. Competent authorities shall require economic operators to take the following actions:

RemovedArticle 4 – paragraph 5: 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, storage, cleaning and maintenance operations.

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

RemovedArticle 4 – paragraph 7 – subparagraph 3: Economic operators, EU carriers and non-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.

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, as soon as possible.

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 250 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 – 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 1: 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 250 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: 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 small and medium-sized enterprises shall demonstrate that each installation where plastic pellets in quantities above 250 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 4 – point a: (a) be issued by third-party certifiers in accordance with the model form set out in Annex IV and in electronic form;

RemovedArticle 6 – paragraph 1: Economic operators which are registered to the Community eco-management and audit scheme in accordance with Regulation (EC) No 1221/2009 from ... [the date of entry into force of this Regulation] 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.

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

RemovedArticle 9 – paragraph 1 – point b: (b) take measures to limit the health or environmental consequences, to restore ecosystems 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. 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 civil society representatives and in collaboration with competent authorities.

RemovedArticle 12 – paragraph 2 – subparagraph 2 – point a: (a) financial support, including through fiscal incentives;

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 4 % of the economic operator’s annual turnover in the Union in the business year preceding the fining decision.

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 b: (b) For containment: spill trays and catchment devices placed along the exterior edge of loading and unloading areas; 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 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 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 – subparagraph 1 a (new): 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:

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 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;

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; 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 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; where pellets are lost, clean-up methods must be appropriate to the environment and ecologically sensitive in order to prevent further damage to, and having an impact on, biodiversity and ecosystems.

RemovedAnnex I – paragraph 1 – point 8 – paragraph 2 – subparagraph 1 a (new): 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 shall also take the following actions:

RemovedAnnex I – paragraph 1 – point 9 – point c: (c) with the exception of micro enterprises, set the procedures for informing drivers, suppliers and subcontractors about the relevant procedures to prevent, contain and clean up spills and losses.

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 on 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 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 the loading compartments and the containers 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 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 containers or bags 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; 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, the installation, use and maintenance of equipment, the execution procedures, as well as the monitoring and reporting of pellet losses.

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.