Changes from adopted text to adopted text

RemovedThe Commission is empowered to adopt delegated acts in accordance with Article 19 to amend Annexes I to IV.IVb in order to take account of the technical progress and scientific developments. [Am. 71]

RemovedWhen adopting delegated acts referred to in the first paragraph, the Commission shall take into account:

Removed(a) the experience gained from the implementation of obligations set out in Articles 3, 4, 5, 8 and 94 and 5; [Am. 72]

Removed(b) relevant international standards;

Removed(c) the specificities of the sectors of activity;

Removed(d) the specific needs of micro, small and medium-sized enterprises.

RemovedArticle 17a Review

RemovedThe 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. [Am. 73]

RemovedArticle 17b Traceability

RemovedBy … [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:

Removed(a) the technical feasibility of introducing a unique and differentiable, chemical signature which is not harmful to the environment or human health;

Removed(b) setting up a Union database of all chemical signatures.

RemovedWhere appropriate, the report referred to in the first paragraph shall be accompanied by a legislative proposal. [Am. 74]

RemovedArticle 18 Exercise of the delegation

Removed1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

Removed2. The power to adopt delegated acts referred to in Article 17 shall be conferred on the Commission for a period of 5 years from … [OP please insert the date = the first day of the month following the date of entry into force of this Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

Removed3. The delegation of power referred to in Article 17 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

Removed4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.

Removed5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

Removed6. A delegated act adopted pursuant to Article 17 shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

RemovedArticle 19 Entry into force and application

RemovedThis Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

RemovedThis Regulation shall apply [OP: please insert the date = 18 months after the entry into force of this Regulation]. However, Article 3(1) shall apply from [OP: please insert the date the date of the entry into force of this Regulation].

RemovedThis Regulation shall be binding in its entirety and directly applicable in all Member States.

RemovedDone at …,

RemovedFor the European Parliament For the Council

RemovedThe President The President

RemovedANNEX I

RemovedRISK ASSESSMENT PLAN FOR INSTALLATIONS

RemovedThe risk assessment plan referred to in Article 4(1) shall contain the following elements:

Removed(1) the site plan;

Removed(1a) the number of tonnes of plastic pellets handled per year; [Am. 75]

Removed(2) the locations where pellet spills and losses may originate from within the installation’s boundaries, specifying high- and low-risk locations;

Removed(3) the handling operations during which pellet spills and losses may originate from within the installation’s boundaries, specifying high- and low-risk operations;

Removed(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; [Am. 76]

Removed(4) the estimation of the quantities of spills and losses in the identified locations and operations;

Removed(5) drawing up of the list of the activities over which the installation might have authority to exercise control, including suppliers, sub-contractors and off-site storage facilities;

Removed(6) the definition of one specific role of a member of staff responsible for recording, investigating and follow-up on spills and losses, including reporting to competent authorities as in Article 4 (7) and Article 9 (1);

Removed(7) description of equipment in place to prevent, contain and clean up spills and losses.

RemovedEconomic operators shall considerput in place at least the following, taking into account the nature and size of the installation as well as the scale of its operations: [Am. 77]

Removed(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; [Am. 78]

Removed(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; internal and externalindoor 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; [Am. 79]

Removed(c) For clean-up: industrial vacuum cleaners for internal and external usage; dedicated appropriate containers for recovered pellets that are coveredshock-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. [Am. 80]

RemovedExemptions 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.

RemovedEconomic 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. [Am. 81]

Removed(8) description of procedures in place to prevent, contain and clean up spills and losses.

RemovedEconomic operators shall considerput 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: [Am. 82]

Removed(a) for prevention: limits on the volumes of pellets transported in certain packaging (e.g., pellets must be packaged and sealed in 25kg sackstear- and impact-resistant packaging that can withstand degradation in aquatic environments, and loaded no more than 1tonne1 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; [Am. 83]

Removed(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 perimeter of the facilityinstallation'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. [Am. 84]

Removed(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. [Am. 85]

RemovedExemptions 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.

RemovedEconomic 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. [Am. 86]

Removed(9) in addition to elements described in points (1) to (8), economic operators that are medium or large-sized enterprises and operate installations where plastic pellets in quantities above 1 000 tonnes have been handled in the previous calendar yearnot micro-enterprises shall also take the following actions: [Am. 87]

Removed(a) describe the elements that should be reviewed at formal management meetings at least once a year including the estimated quantity and causes of any losses; preventive, mitigating and clean up equipment and procedures implemented and their effectiveness.

Removed(b) 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;

Removed(c) set the procedures for informing drivers, suppliers and subcontractors about the relevant procedures to prevent, contain and clean up spills and losses.

RemovedANNEX II

RemovedFORM FOR SELF-DECLARATION OF CONFORMITY

Removed............................................................... ............................................................... ......... (name and address of the economic operator).

RemovedDeclares under its sole responsibility that the handling of plastic pellets in the installation located in ............................................................................... (address) with registration number (if available) ……………. meet all requirements of Regulation (EU) No […] of the European Parliament and of the Council of […] on preventing plastic pellets losses to reduce microplastic pollution.