35 Amendments of Nicolás GONZÁLEZ CASARES related to 2023/0373(COD)
Amendment 56 #
Proposal for a regulation
Recital 4
Recital 4
(4) The impacts of microplastic pollution on the environment and possibly on human health have raised concerns in most parts of the world. Some Member States have adopted or proposed dedicated measures. However, a patchwork of national restrictions could potentially hamper the functioning of the internal market.
Amendment 68 #
Proposal for a regulation
Recital 15
Recital 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 primary 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 using puncture-proof 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 with the aim of returning the affected spaces to their original condition.
Amendment 75 #
Proposal for a regulation
Recital 18
Recital 18
(18) In order to prevent plastic pellet losses, economic operators should establish, implement, and update at all times a risk assessment and prevention 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.
Amendment 76 #
Proposal for a regulation
Recital 19
Recital 19
(19) To enable competent authorities to verify compliance with the risk assessment and prevention plan’s requirements, economic operators should provide the competent authority with the risk assessment plan they have conducted, together with a self-declaration of conformity.
Amendment 77 #
Proposal for a regulation
Recital 20
Recital 20
(20) Economic operators should be able to choose the specific equipment to install or the procedure to execute. Nevertheless, competent authorities, while verifying compliance, should be able to require economic operators to amend the risk assessment and prevention 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.
Amendment 79 #
Proposal for a regulation
Recital 21
Recital 21
(21) In order to evaluate the adequacy of the risk assessment and prevention plan carried out for each installation, economic operators should keep record of an estimate of the quantity of the pellets released to the environment per year, together with the total volume handled. To reduce burden on economic operators, the information on estimates of quantities released may be used in the framework of the reporting requirement under Commission Regulation (EU) 2023/2055.
Amendment 81 #
Proposal for a regulation
Recital 22
Recital 22
(22) Due to the characteristics of their activity, carriers should not be mandated to conduct a risk assessment and prevention plan. Instead, they should be required to undertake tangible measures aimed at preventing, containing, and addressing spills and losses. These measures should be subject to verification by competent authorities, primarily during the transportation process.
Amendment 104 #
Proposal for a regulation
Recital 39
Recital 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 Member State concernedUnion. In order to strengthen the deterrent effect of penalties, the competent authorities of the Member States should, once they have become final, make known each year the penalties imposed for infringements committed, the facts constituting such infringements and the identity of the operators responsible.
Amendment 109 #
Proposal for a regulation
Article 1 – paragraph 1
Article 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 and, where appropriate, to take remedial action in case of losses.
Amendment 149 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Economic operators, EU carriers and non-EU carriers shall ensure that losses are avoided. Where losses occur, economic operators, EU carriers and non- EU carriers shall take immediate action to clean-up those losses and return the affected spaces to their original condition.
Amendment 154 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Economic operators, EU carriers and non-EU carriers shall notify the competent authority, in the manner determined by the latter, of each installation they operate and of when engaging in the transport of plastic pellets, as applicable.
Amendment 165 #
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 1 – point a
Article 4 – paragraph 1 – subparagraph 1 – point a
(a) establish a risk assessment and prevention plan for each installation in accordance with Annex I taking into account the nature and size of the installation as well as the scale of its operations;
Amendment 167 #
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 1 – point b
Article 4 – paragraph 1 – subparagraph 1 – point b
(b) install the equipment and execute the procedures described in the risk assessment and prevention plan referred to in point (a);
Amendment 168 #
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 1 – point c
Article 4 – paragraph 1 – subparagraph 1 – point c
(c) notify the risk assessment and prevention plan referred to in point (a) to the competent authority of the Member State where the installation is located together with a self- declaration of conformity issued in accordance with the model form set out in Annex II.
Amendment 171 #
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 2
Article 4 – paragraph 1 – subparagraph 2
Economic operators shall keep the risk assessment and prevention plan up-to-date, taking into account in particular the weaknesses identified through their experience in handling plastic pellets, and shall make it available to competent authorities on demand.
Amendment 177 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Economic operators that are medium and large-sized enterprises operating installations where plastic pellets in quantities below 1 00250 tonnes have been handled in the previous calendar year or that are micro or small-sized enterprises shall notify an update of the risk assessment and prevention plan for each installation as well as a renewal of the self-declaration of conformity to the competent authority every 53 years from the last notification.
Amendment 183 #
Proposal for a regulation
Article 4 – paragraph 3 – point a
Article 4 – paragraph 3 – point a
(a) to change risk assessment and prevention plans notified in accordance with paragraphs 1 and 2 to ensure that the losses can effectively be prevented or, where appropriate, contained and cleaned up and affected spaces returned to their original condition and that Annex I is complied with;
Amendment 190 #
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Competent authorities shall establish, maintain, and update a register containing the risk assessment and prevention plans and self-declarations of conformity notified in accordance with paragraphs 1 and 2 of this Article. The register shall be publicly available on a website.
Amendment 196 #
Proposal for a regulation
Article 4 – paragraph 6 – introductory part
Article 4 – paragraph 6 – introductory part
6. When economic operators implement the actions set out in the risk assessment and prevention plan established in accordance with Annex I and the EU carriers and non- EU carriers implement the actions laid down in Annex III, they shall take action, in the following priority order:
Amendment 198 #
Proposal for a regulation
Article 4 – paragraph 7 – subparagraph 1 – point a
Article 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 and execute the procedures set out to ensure compliance with this Regulation and ensure the health protection of personnel involved in handling plastic pellets;
Amendment 208 #
Proposal for a regulation
Article 4 – paragraph 8
Article 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 to restore the affected spaces to their original condition.
Amendment 219 #
Proposal for a regulation
Article 4 – paragraph 9 – introductory part
Article 4 – paragraph 9 – introductory part
9. Every year economic operators that are not micro or small-sized enterprises andor that operate installations where plastic pellets in quantities above 1 00250 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 and prevention plan laid down in Annex I. The internal assessment mayshall among others cover the following subjects:
Amendment 221 #
Proposal for a regulation
Article 4 – paragraph 9 – point c
Article 4 – paragraph 9 – point c
(c) discussions with the personnel, health protection measures for staff, inspections of equipment and procedures in place and revision of any relevant documentation.
Amendment 240 #
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Certifiers shall carry out spot- checks to ensure that all measures included in the risk assessment and prevention plan carried out in accordance with Annex I are duly implemented.
Amendment 253 #
Proposal for a regulation
Article 8 – paragraph 2 – introductory part
Article 8 – paragraph 2 – introductory part
2. At the latest by … [OP please insert the date = the first day of the month after fourthree years following the date of entry into force of this Regulation] and every threewo 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:
Amendment 256 #
Proposal for a regulation
Article 8 – paragraph 2 – point b
Article 8 – paragraph 2 – point b
(b) the number of risk assessment and prevention plans, self-declarations notified pursuant to Article 4(1) and 4(2) and certificates notified pursuant to Article 5(5);
Amendment 259 #
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1 (new)
Article 8 – paragraph 2 – subparagraph 1 (new)
Within 6 months of receiving the reports from the Member States, the Commission shall publish a report on the implementation of this Regulation in the Union and on best practices observed in the Member States.
Amendment 273 #
Proposal for a regulation
Article 9 – paragraph 1 – point b
Article 9 – paragraph 1 – point b
(b) take measures to limit the health or environmental consequences, to restore the affected areas to their original condition and to prevent further incidents or accidents.
Amendment 283 #
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. 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 and the Commission.
Amendment 313 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Without prejudice to the obligations of Member States under Directive 2008/99/EC of the European Parliament and of the Council23 , 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. The commission of a serious or very serious infringement of this Regulation shall lead to the suspension of the operating authorisation for a period of at least one year. A very serious infringement of this Regulation may lead to the termination of the operating authorisation. _________________ 23 Directive 2008/99/EC of the European Parliament and of the Council of 19 November 2008 on the protection of the environment through criminal law (OJ L 328, 6.12.2008, p.28).
Amendment 320 #
Proposal for a regulation
Article 15 – paragraph 3 a (new)
Article 15 – paragraph 3 a (new)
3 a. On an annual basis, the competent authorities of the Member States shall make known, once final, the penalties imposed for infringements committed, the facts constituting such infringements and the identity of the operators responsible.
Amendment 344 #
Proposal for a regulation
Annex I – subheading 1
Annex I – subheading 1
RISK ASSESSMENT AND PREVENTION PLAN FOR INSTALLATIONS
Amendment 345 #
Proposal for a regulation
Annex I – paragraph 1 – introductory part
Annex I – paragraph 1 – introductory part
The risk assessment and prevention plan referred to in Article 4(1) shall contain the following elements:
Amendment 380 #
Proposal for a regulation
Annex III – paragraph 1 – point 1
Annex 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 communication on stowage 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 sealing; ensuring that protective covers on e.g. forklifts/hydraulic equipment are used to prevent the piercing of packaging; placement of geolocation systems in cargo containers; regularly cleaning the loading compartments and the containers to 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.
Amendment 384 #
Proposal for a regulation
Annex III – paragraph 1 – point 2
Annex III – paragraph 1 – point 2
(2) For containment and clean-up: where possible,replace or repair damaged packaging (e.g. by using booms, barriers and tape) and contain the remaining pellets in the loading compartment; collect the spilled pellets in closed containers or bags for proper disposal; in case of transport of pellets in bulk tanks, 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 immediately the authorities such as international and national emergency, or environmental authorities, as appropriate, from the Member State where the event occurred.