44 Amendments of Stanislav POLČÁK related to 2023/0373(COD)
Amendment 53 #
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; in 2022 they were found in 75% of breast milk samples from mothers in Rome, and as early as 2020 scientists found them in placentas. 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 animalsanimals, which mistake them for food, 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, including bottled and tap water. Although the effects of microplastics in food on human health have not yet been sufficiently investigated, their harmful effects may be considerable. The growing awareness of microplastics’ presence in the food chain can undermine consumer confidence, raise legitimate concerns among consumers 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 of microplastics into the environment.
Amendment 57 #
Proposal for a regulation
Recital 6
Recital 6
(6) Commission Regulation (EU) 2023/20557[1] addresses microplastic pollution by imposing a restriction on the placing on the market of microplastics that are intentionally added to products (the ‘restriction’), as there is considerable microplastic pollution arising from the use of synthetic polymer microparticles on their own or intentionally present in products, and this pollution poses an unacceptable risk to the environment. _________________ 7[1] Commission Regulation (EU) 2023/2055 of 25 September 2023 amending Annex XVII to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) as regards synthetic polymer microparticles (OJ L 238, 27.9.2023, p. 67).
Amendment 61 #
Proposal for a regulation
Recital 9
Recital 9
(9) Despite Union legislation concerning the prevention of waste, pollution, marine litter and chemicals, there are no specific Union rules preventing pellet losses as a source of microplastic pollution along the entire supply chain. Directive 2008/98/EC of the European Parliament and of the Council10[1] lays down basic waste management principles and imposes general obligations for Member States to take measures to prevent waste generation. Those general obligations should be complemented by addressing specific aspects and requirements for the careful handling of plastic pellets in order to avoid them becoming waste. _________________ 10prevent them from escaping into the environment. [1] Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3).
Amendment 82 #
Proposal for a regulation
Recital 22
Recital 22
(22) Due to the characteristics of their activity, carriers should not be mandated to develop and conduct a risk assessment 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 84 #
Proposal for a regulation
Recital 23
Recital 23
(23) The successful implementation of the actions required to prevent plastic pellet losses requires the full cooperation and commitment of economic operators’, EU carriers’ and non-EU carriers’ employees. Economic operators and EU carriers should be required to train their staff according to their employees’ specific roles and responsibilities in order to ensure they are aware of and are able to use the equipment and execute the procedures necessary to ensure compliance with the requirements laid down in this Regulation. Economic operators and EU carriers should also be required to monitor and keep records of the relevant actions to implement the requirements set out in this Regulation, for instance, the placement of new catchment devices. Where appropriate, they should adopt corrective actions including, where necessary, the improvement of equipment and procedures in place.Does not affect the English version.)
Amendment 87 #
Proposal for a regulation
Recital 24
Recital 24
(24) Medium and large-sized eEnterprises that operate installations where plastic pellets are handled in quantities above 1 000 tonnes may bring higher risks of pellet losses to the environment. For this reason, these enterprises should be required to implement, for each installation, extra actions like carrying out an annual internal assessment, and adopting a training programme addressing specific training needs and modalities. In addition, for these enterprises, compliance with the requirements laid down in this Regulation should be demonstrated by obtaining, and renewing, a certificate issued by certifiers. These certifiers can either be an accredited conformity assessment body, or an environmental verifier licenced to carry out verification and validation in accordance with Regulation (EC) No 1221/2009 of the European Parliament and of the Council15 on the voluntary participation by organisations in a Community eco- management and audit scheme (EMAS). The certificate should correspond to a unique format in order to ensure homogeneous information. _________________ 15 Regulation (EC) No 1221/2009 of the European Parliament and of the Council of 25 November 2009 on the voluntary participation by organisations in a Community eco-management and audit scheme (EMAS), repealing Regulation (EC) No 761/2001 and Commission Decisions 2001/681/EC and 2006/193/EC (OJ L 342, 22.12.2009, p. 1).
Amendment 90 #
Proposal for a regulation
Recital 25
Recital 25
(25) Micro and small-sized enterprises, and medium and large-sized eEnterprises operating installations where plastic pellets in quantities below 1 000 tonnes have been handled should be required to be subject to a self-declaration of conformity. They should also be given sufficient time to demonstrate their compliance.
Amendment 98 #
Proposal for a regulation
Recital 32
Recital 32
(32) Micro, small and medium-sized enterprises (SMEs) in the pellet supply chain should comply with the relevant obligations laid down in this Regulation, however they could face disproportionally higher costs and difficulties when complying with some of the obligations. The Commission should raise awareness among economic operators and carriers regarding the necessity of preventing pellet losses. Additionally, the Commission should develop training materials to assist them in fulfilling their obligations, particularly with respect to the requirements of the risk assessment. Member States should provide access to information and assistance regarding compliance with obligations and the risk assessment requirements. Regarding the assistance of Member States, this could include technical and financial support as well as specialised training to micro enterprises and SMEs. Member States actions should be taken in respect of applicable State aid rules.
Amendment 102 #
Proposal for a regulation
Recital 36
Recital 36
(36) In order to ensure compliance, competent authorities should also take the necessary steps, including inspections and hearings when in possession of and based on relevant information, including substantiated complaints submitted by third parties. Third parties submitting a complaint should be able to demonstrate a sufficient interest or maintain the impairment of a right. NGOs that promote the protection of human health, the environment or consumers should be considered to have a sufficient interest.
Amendment 103 #
Proposal for a regulation
Recital 38
Recital 38
(38) In order to ensure that economic operators are effectively dissuaded from non-compliance with the requirements laid down in this Regulation, Member States should lay down rules on penalties applicable to infringements of this Regulation and ensure that those rules are implemented. The penalties provided should be effective, proportionate and dissuasive. To facilitate a more consistent application of penalties, it is necessary to establish common criteria for determining the types and levels of penalties to be imposed in case of infringement. Those criteria should include, inter alia, the nature and gravity of the infringement as well as the economic benefits derived from the infringement in order to ensure that those responsible are fully deprived of those benefits. Account should also be taken of the responsible body's efforts to limit the potential negative impacts of the infringement on human health and the environment.
Amendment 105 #
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 theany 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 concerned.
Amendment 107 #
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 violation. Therefore, it is necessary to adapt the burden of proof applicable to such situations. 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 124 #
Proposal for a regulation
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) ‘spill’ means a one-off escape of plastic pellets from primary containment;
Amendment 126 #
Proposal for a regulation
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) ‘loss’ means a one-off or prolonged escape of plastic pellets from installation’s boundary into the environment or from road vehicles, rail waginstallation’s or inland waterway vesselboundary or from vehicles transporting plastic pellets;
Amendment 134 #
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 or inland waterway vesselsin the Union;
Amendment 139 #
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 or inland waterway vessels;
Amendment 159 #
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 3 and 4. The register shall be publicly available free of charge on a website.
Amendment 170 #
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 2
Article 4 – paragraph 1 – subparagraph 2
Economic operators shall keep the risk assessment plan up-to-date, taking into account, without undue delay, in particular the weaknesses identified through their experience in handling plastic pellets, and shall make it available to competent authorities on demand.
Amendment 180 #
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 1 000 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 5 years from the last notification.
Amendment 184 #
Proposal for a regulation
Article 4 – paragraph 3 – point a
Article 4 – paragraph 3 – point a
(a) within a reasonable period of time determined by the competent authorities, to change risk assessment 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 that Annex I is complied with;
Amendment 191 #
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 plans and self-declarations of conformity notified in accordance with paragraphs 1 and 2 of this Article. The register shall be publicly available free of charge on a website.
Amendment 207 #
Proposal for a regulation
Article 4 – paragraph 7 – subparagraph 3
Article 4 – paragraph 7 – subparagraph 3
Economic operators and EU carriers shall retain records referred to in points (b) and(c) of this paragraph for a period of fiveten years and make them available to competent authorities and, where applicable, to certifiers on demand.
Amendment 213 #
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 in whole or in part, economic operators, carriers and non-EU carriers shall take appropriate corrective actions, as soon as possible.
Amendment 218 #
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 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 mayshould among others cover the following subjects:
Amendment 226 #
Proposal for a regulation
Article 4 – paragraph 9 a (new)
Article 4 – paragraph 9 a (new)
9a. Operators shall keep a record of the internal assessment for ten years and make it available to the competent authorities and, where appropriate, certification bodies on request.
Amendment 235 #
Proposal for a regulation
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2a. By ... [OP: please insert date = 48 months after the entry into force of this Regulation] and every five years thereafter, operators that are micro or small enterprises shall demonstrate that each installation where plastic pellets in quantities greater than 1 000 tonnes were handled in the previous calendar year complies with the requirements set out in Annex I by obtaining a certificate issued by a certification body.
Amendment 243 #
Proposal for a regulation
Article 5 – paragraph 5 – subparagraph 2
Article 5 – paragraph 5 – subparagraph 2
Competent authorities shall establish and maintain and keep up to date a register of certificates. The register shall be publicly available free of charge on a website.
Amendment 246 #
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), (2) and (2a) 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 fully included in the environmental management system of the economic operator and have been implemented.
Amendment 247 #
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
The accreditation of certifiers referred to in Article 32, point (k)(i) shall include an evaluation of compliance with the following requirements:
Amendment 252 #
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 four 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:
Amendment 265 #
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 or with the potential to significantly affect human health or the environment, economic operators, EU carriers and non- EU carriers shall immediately:
Amendment 269 #
Proposal for a regulation
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
(a) inform the competent authority of the state in whose territory the incident or accident occurred and the estimated quantities of losses;
Amendment 272 #
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 and to prevent further incidents or accidents, including, where technically feasible, removing lost pellets as completely as possible.
Amendment 275 #
Proposal for a regulation
Article 9 – paragraph 1 – point b a (new)
Article 9 – paragraph 1 – point b a (new)
(ba) take measures to prevent further incidents or accidents.
Amendment 277 #
Proposal for a regulation
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
1a. The measures referred to in points (b) and (c) shall be notified by economic operators, EU carriers and third-country carriers to the competent authority of the state in whose territory the incident or accident occurred.
Amendment 284 #
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. In the event of any incident or accident significantly affecting or with the potential to significantly affect 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 291 #
Proposal for a regulation
Article 11 – paragraph 3 – point c
Article 11 – paragraph 3 – point c
(c) the power to start an inspection on their own initiative to verify compliance with this Regulation or, where appropriate, to bring about the cessation or prohibition of infringements of this Regulationthereof;
Amendment 292 #
Proposal for a regulation
Article 11 – paragraph 5
Article 11 – paragraph 5
5. Where there is more than one competent authority in their territory, Member States shall ensure that appropriate communication and coordination mechanisms are established between those authorities.
Amendment 307 #
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 1
Article 14 – paragraph 1 – subparagraph 1
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, and to request that appropriate action be taken.
Amendment 309 #
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 2
Article 14 – paragraph 1 – subparagraph 2
For the purposes of the first subparagraph, non-governmental entities or organisations promoting the protection of human health, the environmental or consumer protections, and meeting any requirements under national law shall be deemed to have a sufficient interest.
Amendment 312 #
Proposal for a regulation
Article 14 – paragraph 4
Article 14 – paragraph 4
4. 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, so that cost does not constitute an undue barrier to access to justice, and shall provide adequate and effective remedies, including injunctive reliefterim measures, where necessary.
Amendment 316 #
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 theany 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 concerned in the business year preceding the fining decision.
Amendment 318 #
Proposal for a regulation
Article 15 – paragraph 3 – point d a (new)
Article 15 – paragraph 3 – point d a (new)
(da) whether the responsible economic operator, EU or third-country carrier has done all that could reasonably be required of it to limit the potential adverse effects on human health and the environment of an infringement of this Regulation.
Amendment 325 #
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. 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 of this Regulation leading to a damage cannot be pursued twice, by the individuals affected and by the non- governmental organisations referred to in this paragraph.