Changes from adopted text to adopted text

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

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

Removed2. 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]

Removed3. 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]

RemovedArticle 10 Non-compliance

Removed1. In the event of an infringement of the rules laid down in this Regulation, economic operators, EU carriers and non-EU carriers shall immediately:

Removed(a) inform the competent authority;

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

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

Removed2. 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]

RemovedArticle 11 Designation and powers of competent authorities

Removed1. 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]

Removed2. Member States shall confer on their competent authorities the powers of inspection and enforcement necessary to ensure compliance with this Regulation.

Removed3. The powers referred to in paragraph 2 shall include at least the following:

Removed(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;

Removed(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;

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

Removed(d) the power of access to installations.

Removed4. 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.

Removed5. Where there is more than one competent authority in their territory, Member States shall ensure that appropriate communication and coordination mechanisms are established.

RemovedArticle 12 Assistance relating to compliance

Removed1. 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]

Removed2. 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]

RemovedWithout 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:

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

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

RemovedWithout 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]

Removed(a) financial support;

Removed(b) access to finance, including for the purpose of acquiring equipment required to achieve compliance; [Am. 64]

Removed(c) specialised management and staff training; [Am. 65]

Removed(d) organisational and technical assistance. [Am. 66]

Removed3. Member States shall encourage training programmes for the qualification of certifiers’ personnel.

RemovedArticle 13 Standardised methodology

Removed1. 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) No 1025/2012. [Am. 67]

Removed2. Where no European standardisation organisation accepts the request to draft a harmonised standard or where the Commission considers that the proposed standard does not satisfy the requirements which it aims to cover, the Commission shall establish the methodology referred to in paragraph 1 by means of an Implementing act.

RemovedArticle 14 Complaint-handling and access to justice

Removed1. Natural or legal persons or organisations regarded under national law as having a sufficient interest or those who consider that their rights were impaired shall be entitled to submit substantiated complaints to competent authorities when they deem, on the basis of objective circumstances, that an economic operator, EU carrier or non-EU carrier is failing to comply with the provisions of this Regulation.

RemovedFor the purposes of the first subparagraph, non-governmental entities or organisations promoting human health, environmental or consumer protection and meeting any requirements under national law shall be deemed to have a sufficient interest.

Removed2. 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). [Am. 68]

Removed3. Competent authorities shall, as soon as possible, inform the person or organisation referred to in paragraph 1 that submitted the complaint of its decision to accede to or refuse the request for action put forward in the complaint and shall provide the reasons for it.

Removed4. Member States shall ensure that a person or organisation referred to in paragraph 1 submitting a substantiated complaint shall have access to a court or other independent and impartial public body competent to review the procedural and substantive legality of any decision on that complaint as well as of the competent authority’s decisions, acts or failure to act under this Regulation, without prejudice to any provisions of national law which require that administrative review procedures be exhausted prior to recourse to judicial proceedings. Those review procedures shall be fair, equitable, timely and free of charge or not prohibitively expensive, and shall provide adequate and effective remedies, including injunctive relief where necessary.

Removed5. Member States shall ensure that practical information is made available to the public on access to the administrative and judicial review procedures referred to in this Article.

RemovedArticle 15 Penalties

Removed1. Without prejudice to the obligations of Member States under Directive 2008/99/EC of the European Parliament and of the Council, Member States shall lay down rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are applied. The penalties provided shall be effective, proportionate and dissuasive.

Removed2. 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 3 % of the economic operator’s annual turnover in the Member State concernedUnion in the business year preceding the fining decision. [Am. 69]

Removed3. Member States shall ensure that the penalties established pursuant to this Article take due account of the following, as applicable:

Removed(a) the nature, gravity and extent of the infringement;

Removed(b) the intentional or negligent character of the infringement;

Removed(c) the population or the environment affected by the infringement, bearing in mind the impact of the infringement on the objective of achieving a high level of protection of human health and the environment;

Removed(d) the financial situation of the economic operator, EU carrier and non-EU carrier held responsible.

Removed3a. 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.

RemovedProjects 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.

RemovedBy … [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. [Am. 70]

RemovedArticle 16 Compensation

Removed1. Member States shall ensure that, where damage to human health has occurred as a result of a infringement of this Regulation, the individuals affected have the right to claim and obtain compensation for that damage from the relevant natural or legal persons and, where appropriate, from the relevant competent authorities responsible for the infringement.

Removed2. Member States shall ensure that, as part of the public concerned, non-governmental organisations promoting the protection of human health or the environment and meeting any requirements under national law are allowed to represent the individuals affected and bring collective actions for compensation. Member States shall ensure that a claim for an infringement leading to a damage cannot be pursued twice, by the individuals affected and by the non-governmental organisations referred to in this paragraph.

Removed3. Member States shall ensure that national rules and procedures relating to claims for compensation are designed and applied in such a way that they do not render impossible or excessively difficult the exercise of the right to compensation for damage caused by an infringement pursuant to paragraph 1.

Removed4. Where the claim for compensation referred to in paragraph 1 is supported by evidence from which a causal link may be presumed between the damage and the infringement, Member States shall ensure that the onus is on the person responsible for the infringement to prove that the infringement did not cause or contribute to the damage.

Removed5. Member States shall ensure that the limitation periods for bringing claims for compensation referred to in paragraph 1 are not shorter than 5 years. Such periods shall not begin to run before the infringement has ceased and the person claiming the compensation knows or can reasonably be expected to know that he or she suffered damage from a infringement pursuant to paragraph 1.

RemovedArticle 17 Amendments to Annexes