31 Amendments of Deirdre CLUNE related to 2023/0373(COD)
Amendment 71 #
Proposal for a regulation
Recital 16
Recital 16
(16) While the aim is to prevent plastic pellet losses to the environment for all economic operators, EU carriers and non- EU carriers, obligations for micro-, and small and medium-sized enterprises should be adjusted to mitigate the burdeall be exempted from the relevant obligations laid down oin themis regulation.
Amendment 89 #
Proposal for a regulation
Recital 25
Recital 25
(25) Micro and small-sized enterprises, and medium and large-sized enterprises operating installations where plastic pellets in quantities below 12 000 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 93 #
Proposal for a regulation
Recital 32
Recital 32
(32) Micro, small and medium and small-sized enterprises (SMEs) in the pellet supply chain should comply with the relevant obligations laid down in this Regulation, however they could face proportionally 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 SMEs. Member States actions should be taken in respect of applicable State aid rulesall be exempted from the relevant obligations laid down in this Regulation.
Amendment 111 #
Proposal for a regulation
Article 1 – paragraph 2 – point a
Article 1 – paragraph 2 – point a
(a) economic operators handling plastic pellets in the Union in quantities above 510 tonnes in the previous calendar year;
Amendment 118 #
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 such as cylinder, bead, flake or powder, that is used as feedstock in plastic product manufacturing operations;
Amendment 131 #
Proposal for a regulation
Article 2 – paragraph 1 – point d
Article 2 – paragraph 1 – point d
(d) ‘installation’ means any premises, structure, environmentindustrial site or place within which one or more economic activities involving the handling of plastic pellets are carried out;
Amendment 148 #
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 avoidminimised. Where losses occur, economic operators, EU carriers and non- EU carriers shall take immedappropriate action to clean-up those losses.
Amendment 169 #
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 in particular the weaknesses identified through their experience in handling plastic pellets, and shall make it available to competent authorities upon demandjustified request.
Amendment 178 #
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 1or equal to 2 000 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 186 #
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 availmust omit details of the risk assessment plans, especially processes and installations, as far as these details are justifiabley on a websitf commercial relevance.
Amendment 199 #
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 losses and of the total volume of plastic pellets handled.
Amendment 204 #
Proposal for a regulation
Article 4 – paragraph 7 – subparagraph 2
Article 4 – paragraph 7 – subparagraph 2
As from sixeighteen months after the publication of the relevant harmonised standard in the Official Journal of the European Union or from the date of application of the implementing act referred to in Article 13(2) of this Regulation economic operators shall estimate the quantities of losses referred to in the first subparagraph, point (c) in accordance with the standardised methodology referred to in Article 13.
Amendment 205 #
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 five years and make them available to competent authorities and, where applicable, to certifiers upon demandjustified request.
Amendment 217 #
Proposal for a regulation
Article 4 – paragraph 9 – introductory part
Article 4 – paragraph 9 – introductory part
9. Every five years economic operators that are not micro or small-sized enterprises and that operate installations where plastic pellets in quantities above 12 000 tonnes have been handled in the previous calendar5 years 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 may among others cover the following subjects:
Amendment 229 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. By … [OP: please insert the date = 2436 months after the entry into force of this Regulation], and thereafter every three years, economic operators that are large- sized enterprises shall demonstrate that each installation where plastic pellets in quantities above 12 000 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 233 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. By … [OP: please insert the date = 3648 months after the entry into force of this Regulation], and thereafter every four years, economic operators that are medium-sized enterprises shall demonstrate that each installation where plastic pellets in quantities above 12 000 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 237 #
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Certifiers shallmay carry out spot- checks to ensure that all measures included in the risk assessment plan carried out in accordance with Annex I are duly implemented.
Amendment 242 #
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. TSuch non-commercially sensitive information from the register shall be made publiclaliy available on a website.
Amendment 258 #
Proposal for a regulation
Article 8 – paragraph 2 – point c
Article 8 – paragraph 2 – point c
(c) the number and results of environmental inspections and other verificationconformity assesment measures carried under paragraph 1 of this Article as well as the number of incidents and accidents reported in accordance with Article 9(1) and the measures taken in case of non- compliance with the obligations set out in this Regulation.
Amendment 288 #
Proposal for a regulation
Article 11 – paragraph 3 – point a
Article 11 – paragraph 3 – point a
(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;
Amendment 289 #
Proposal for a regulation
Article 11 – paragraph 3 – point b
Article 11 – paragraph 3 – point b
(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;
Amendment 290 #
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 bring about the cessation or prohibition of infringements which pose a danger to human health or the environment of this Regulation;
Amendment 293 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. The Commission shall develop awareness raising and training material 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 and in collaboration with competent authorities.
Amendment 296 #
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1
Article 12 – paragraph 2 – subparagraph 1
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.
Amendment 301 #
Proposal for a regulation
Article 12 – paragraph 3 a (new)
Article 12 – paragraph 3 a (new)
3 a. Micro and small-sized enterprises (SMEs) in the pellet supply chain shall be exempted from the relevant obligations laid down in this regulation.
Amendment 305 #
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. 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 CommissioFor the purposes of compliance with the obligation referred to in Article 4(7), first subparagraph, point (c), the Commission shall request a methodology to estimate quantities of losses to be developed in shall establish the methodology referred to in paragraph 1 by means of an Implementing actrmonised standards in accordance with the procedures established by Regulation (EU) No1025/2012.
Amendment 308 #
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 2
Article 14 – paragraph 1 – subparagraph 2
Amendment 326 #
Proposal for a regulation
Article 16 – paragraph 4
Article 16 – paragraph 4
Amendment 335 #
Proposal for a regulation
Article 17 – paragraph 2 – point d
Article 17 – paragraph 2 – point d
(d) the specific needs of micro, small and mediumexemptions provided to micro and small-sized enterprises.
Amendment 343 #
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
This 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].
Amendment 375 #
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 12 000 tonnes have been handled in the previous calendar year shall also take the following actions: