35 Amendments of Michal WIEZIK related to 2023/0373(COD)
Amendment 54 #
Proposal for a regulation
Recital 1
Recital 1
(1) Microplastics are ubiquitous, persistent and transboundary. They are detrimental to the environment and potentially harmful to human health, particularly due to the presence of harmful chemical additives and other substances of concern added during the production and the conversion, such as phthalates, bisphenol A, or flame retardants1a. Microplastics are easily transported through the air and by land surface waters and ocean currents, and their mobility is an aggravating factor. They are found in soil (including agricultural lands), lakes, rivers, estuaries, beaches, lagoons, seas, oceans and in remote, once pristine regions, and their presence in soil may have effects on soil properties and trigger soil alterations which negatively impact the growth of some plants. Impacts of microplastics on the marine environment have been extensively documented. Once in the marine environment, microplastics are nearly impossible to collect, and are known to be eaten by a range of organisms and animals and cause harm to biodiversity and ecosystems. The persistence of a plastic pellet in the aquatic environment may be measured over decades or more, and ingestion of plastic pellets by marine wildlife, notably seabirds and sea turtles, may cause physical harm or death. Microplastics also contribute to climate change as an additional source both of greenhouse gas emissions and of pressure on ecosystems. Microplastics’ potential to act as a carrier for adsorbed toxicants or pathogenic microorganisms is an integral part of the problem. Humans are exposed to microplastics via air and food consumption. The growing awareness of microplastics’ presence in the food chain can undermine consumer confidence and bear economic consequences. There may be negative economic impacts on activities such as commercial fishing and agriculture as well as recreation and tourism in areas affected by the releases. _________________ 1a ‘Plastic giants polluting through the back door, The case for a regulatory supply-chain approach to stop plastic pellet pollution in the EU’, Surfrider and Rethink Alliance 2020
Amendment 59 #
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7 a) 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 these pellets leaking out and spilling into the ocean. Furthermore, many maritime pellet disasters have been reported, making maritime transport a high-risk activity of plastic pellet pollution. The impact of these losses is catastrophic for marine and coastal ecosystems as well as the species that compose them, and the extreme mobility of plastic pellets makes effective containment and clean-up operations difficult. The handling of these 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 application, as well as provisions relating to the handling of pellets specific to this mode of transport, is therefore essential if the objectives of this regulation are to be achieved.
Amendment 62 #
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9 a) This Regulation provides for measures to prevent, contain and clean up plastic pellet pollution occurring following the entry into force of this text, 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, according to the objectives set in the Nature Restoration Law, and the objectives of the Green Deal. The Commission should develop a set of measures to map and clean up these already polluted areas, and implement them either as part of a European strategy for depolluting microplastics, 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 this 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 International Maritime Organisation (IMO MEPC).
Amendment 66 #
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13 a) In 2019, between 52,000 and 184,000 tonnes of pellets were lost to the environment in the Union. Hundreds of thousands of tons of pellets have been accumulating in the environment for years, and as pellets are difficult to differentiate, it is impossible to know which economic operators are involved in this leakage. Having a chemical marker at each major management stage, especially production and processing, would make it easier to identify the economic operators involved in the value chain in the event of unreported leakage into the environment.
Amendment 106 #
Proposal for a regulation
Recital 41
Recital 41
(41) To ensure that individuals can defend their rights against damages to health caused by infringements of this Regulation and thereby ensure its more efficient enforcement, non-governmental organisations promoting the protection of human health or the environment, including those promoting the protection of consumers and meeting any requirements under national law, as members of the public concerned, should be empowered to engage in proceedings, as the Member States so determine, either on behalf or in support of any victim, without prejudice to national rules of procedure concerning representation and defence before the courts. Member States usually enjoy procedural autonomy to ensure an effective remedy against violations of Union law, subject to the respect of the principles of equivalence and effectivity. However, experience shows that while there is overwhelming epidemiologic evidence on the negative health impacts of pollution on the population, in particular as regards air, it is difficult for the victims under the procedural rules on the burden of proof generally applicable in the Member States to demonstrate a causality link between the suffered harm and the violationinfringement. Therefore, it is necessary to adapt the burden of proof applicable to such situationsrules applicable to such situations. Rebuttable presumptions are a common mechanism for alleviating a claimant’s evidential difficulties, while preserving the rights of the defendant. Rebuttable presumptions are only applicable provided that certain conditions are fulfilled. In order to maintain a fair apportionment of risk, and to avoid a reversal of the burden of proof, a claimant should be required to demonstrate sufficiently relevant evidence that give rise to a presumption that the infrinment has caused or contributed to the damage. In light of the evidentiary challenges faced by injured persons, especially in complex cases, the provision will achieve a fair balance for the individual suffering from human health damage and the defendant. When an individual can provide sufficiently robust evidence to give rise to a presumption that the violation of this Regulation is at the origins of the damage caused to the health of an individual, or has significantly contributed to it, it should be for the defendant to rebut that presumption in order to escape his liability.
Amendment 119 #
Proposal for a regulation
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) ‘plastic pellet’ means a small mass of preformed polymer-containing moulding material, having relatively uniform dimensions in a given lot, including powders and flakes, that is used as feedstock in plastic product manufacturing operations;
Amendment 121 #
Proposal for a regulation
Article 2 – paragraph 1 – point a a (new)
Article 2 – paragraph 1 – point a a (new)
(a a) 'plastic pellet dust': refers to the industrial residue from the grinding or processing of pellets, that is not used as feedstock in plastic product manufacturing operations.
Amendment 138 #
Proposal for a regulation
Article 2 – paragraph 1 – point f
Article 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 by using road vehicles, rail wagons, maritime or inland waterway vessels;
Amendment 144 #
Proposal for a regulation
Article 2 – paragraph 1 – point g
Article 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 by using road vehicles, rail wagons, maritime or inland waterway vessels;
Amendment 150 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Economic operators, EU carriers and non-EU carriers shall ensure that spills and 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 spill and losses.
Amendment 161 #
Proposal for a regulation
Article 3 – paragraph 4
Article 3 – paragraph 4
4. Competent authorities shall establish and maintain a public register containing the information they have received in accordance with paragraphs 32 and 43.
Amendment 166 #
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 1 – point b
Article 4 – paragraph 1 – subparagraph 1 – point b
(b) install the equipment referred to in Annex I and execute the procedures described in the risk assessment plan referred to in point (a);
Amendment 175 #
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 belowabove 1 000 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 plan for each installation as well as a renewal of the self-declaration of conformity to the competent authority every 52 years from the last notification. This obligation applies every 5 years for economic operators that are not micro- entreprises where plastic pellets in quantities below 1000 tonnes have been handled in the previous calendar year.
Amendment 192 #
Proposal for a regulation
Article 4 – paragraph 5
Article 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. Competent authorities may require economic operators to implement any actions listed in Annex III to ensure that the spill and losses can effectively be prevented.
Amendment 202 #
Proposal for a regulation
Article 4 – paragraph 7 – subparagraph 1 – point c
Article 4 – paragraph 7 – subparagraph 1 – point c
(c) keep records of annually estimated quantities of spills and losses and of the total volume of plastic pellets handled.
Amendment 209 #
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 possibleimmediately.
Amendment 215 #
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 and that operate installations where plastic pellets in quantities above 1 000 tonnes that are not micro enterprises 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. This obligation applies every two years for economic operators that are not micro- entreprises where plastic pellets in quantities below 1 000 tonnes have been handled in the previous calendar. The internal assessment may among others cover the following subjects:
Amendment 230 #
Proposal for a regulation
Article 5 – paragraph 1
Article 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 thatwho are large- sized not micro-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.
Amendment 234 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. By … [OP: please insert the date = 36 months after the entry into force of this Regulation], and thereafter every four years, economic operators thatwho are medium-sizednot micro or small enterprises shall demonstrate that each installation where plastic pellets in quantities abovebelow 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.
Amendment 245 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
Economic operators which are registered to the Community eco-management and audit scheme in accordance with Regulation (EC) No 1221/2009 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 and Annex III have been included in the environmental management system of the economic operator or carrier and have been implemented.
Amendment 250 #
Proposal for a regulation
Article 8 – paragraph 1
Article 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 randomized environmental inspections and other verification measures, following a risk-based approach.
Amendment 262 #
Proposal for a regulation
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
1. Without prejudice to Directive 2004/35/EC, in the event of an incidental or accidental loss significantly affecting human health or the environment, economic operators, EU carriers and non- EU carriers shall immediately:
Amendment 282 #
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.
Amendment 315 #
Proposal for a regulation
Article 15 – paragraph 2
Article 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 Member State concernedUnion in the business year preceding the fining decision.
Amendment 322 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. Member States shall ensure that, where damage to human health or the environment 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.
Amendment 329 #
Proposal for a regulation
Article 16 – paragraph 4
Article 16 – paragraph 4
4. Where theclaim for compensation referred to in paragraph 1 is supported by evidence from which a causal linkit 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 damagethat the violation has caused or contributed to the damage, Member States shall grant the person responsible for the infringement the legal right to rebut the presumption. .
Amendment 339 #
Proposal for a regulation
Article 17 a (new)
Article 17 a (new)
Article17a Review clause [OP: please insert the date = 8 years after the entry into force of this Regulation] the European Commission must present a report to the European Parliament and the Council on the implementation of the measures provided for in this Regulation and their effectiveness in preventing the leakage and loss of pellets into the environment. If applicable and based on the outcome of this Report, the European Commission may present a legislative proposal.
Amendment 341 #
Proposal for a regulation
Article 17 b (new)
Article 17 b (new)
Article17b Traceability By … [OP: please insert the date = 24 months after the entry into force of this Regulation], the European Commission shall publish a Report on the possibility of introducing chemical traceability of plastic pellets. This Report shall at least consider : a. The technical feasibility for an economic operator handling plastic pellets to introduce a unique, differentiable and non-harmful, for the environment or health, chemical signature b. Setting up a European database of all chemical signatures c. In the event of loss or spillage of plastic pellets into the environment, the application of a financial penalty, compatible with the present Regulation, for the economic operators whose chemical signature is present on the pellets concerned. The Commission shall, if appropriate, adopt a delegated act supplementing this Regulation to implement the chemical traceability.
Amendment 346 #
Proposal for a regulation
Annex I – paragraph 1 – point 1 a (new)
Annex I – paragraph 1 – point 1 a (new)
(1 a) the number of tonnes of plastic pellets handled per year.
Amendment 348 #
Proposal for a regulation
Annex I – paragraph 1 – point 7 – paragraph 2 – introductory part
Annex I – paragraph 1 – point 7 – paragraph 2 – introductory part
Economic operators shall consider at least the following, taking into account the nature and size of the installation as well as the scale of its operationsimplement at least the following:
Amendment 354 #
Proposal for a regulation
Annex I – paragraph 1 – point 7 – paragraph 2 – point a
Annex I – paragraph 1 – point 7 – paragraph 2 – point a
(a) For prevention: vacuum seals on hoses and pipework; tear- and impact- resistant packaging that can withstand degradation in 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; sealed 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;
Amendment 361 #
Proposal for a regulation
Annex I – paragraph 1 – point 7 – paragraph 2 – subparagraph 1 (new)
Annex I – paragraph 1 – point 7 – paragraph 2 – subparagraph 1 (new)
Exemptions to the installation of certain types of equipment are possible for economic operators which are able to justify them to the competent authorities, taking into account the nature and size of the installation as well as the scale of its operations
Amendment 373 #
Proposal for a regulation
Annex I – paragraph 1 – point 9 – introductory part
Annex I – paragraph 1 – point 9 – introductory part
(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:
Amendment 389 #
Proposal for a regulation
Annex III – paragraph 1 – point 3 a (new)
Annex III – paragraph 1 – point 3 a (new)
(3 a) Measures to be taken and equipment specifically applicable to maritime transport.
Amendment 390 #
Proposal for a regulation
Annex III – paragraph 1 – point 3 b (new)
Annex III – paragraph 1 – point 3 b (new)
(3 b) The shipper should contain, clean and do not sweep pellets into water when cleaning the boarding area, deck, hold or in a shipping container. It should not store pellets in containers in poor condition and avoid protrusions that could tear bags and boxes and should store containers in the hold and not on deck. The shipper should clearly indicate the presence of pellets in a container in order to label it as a container transporting dangerous goods.