22 Amendments of João PIMENTA LOPES related to 2023/0373(COD)
Amendment 55 #
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3 a) Several accidents leading to pellet spill and loss have already been registered in the European Union, with transboundary impacts recorded in, inter alia, Spain, Portugal, France and the Netherlands, the most recent being the one occurring at the end of 2023 in the Cantabrian Sea and exponentially affecting the Spanish regions of Galicia, Asturias, Cantabria and the Basque Country, highlighting the urgent need for ambitious, holistic measures to significantly reduce the risk of pellet pollution across European supply chains whilst also strengthening pollution preparedness and response capabilities regarding pellet spills across EU territories and waters.
Amendment 60 #
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7 a) The handling of pellets is being discussed under the scope of international organizations such as the International Maritime Organization (IMO) in light of the significant risk of catastrophic pollution associated with maritime transport of plastic pellets. The IMO is in the process of developing mandatory measures, short-term voluntary measures and standardised protocols to contain and clean-up pellet spills from ships in to reduce the risk and impact of pellet pollution during maritime transport.
Amendment 92 #
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 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 117 #
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 lotregardless of its shape or form, including flakes, dusts spherules and powders, to which additives may have been added, that is used as feedstock in plastic product manufacturing and recycling operations;
Amendment 129 #
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 at any stage of the supply chain, including from installation’s boundary to the environment or from road vehicles, rail wagons or inland waterway vesselsany carrier transporting plastic pellets;
Amendment 145 #
Proposal for a regulation
Article 2 – paragraph 1 – point l a (new)
Article 2 – paragraph 1 – point l a (new)
(l a) 'remedial measures' means any action, or combination of actions, including mitigating or interim measures to restore, rehabilitate or replace damaged natural resources and/or impaired services, or to provide an equivalent alternative to those resources or services as foreseen in Annex II of Directive 2004/35/EC1a. _________________ 1a https://eur-lex.europa.eu/legal- content/EN/TXT/?uri=celex%3A32004L0 035
Amendment 151 #
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 and spills are avoided. Where losses or spills occur, economic operators, EU carriers and non- EU carriers shall take immediate action to clean-up those losses or spills.
Amendment 152 #
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1 a. Economic operators, EU carriers and non-EU carriers shall notify the competent authority of all spills and losses and subsequent actions taken in accordance with the form set out in Annex V.
Amendment 160 #
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 31a, 2 and 43.
Amendment 162 #
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 1 – introductory part
Article 4 – paragraph 1 – subparagraph 1 – introductory part
Economic operators and EU carriers shall take the following actions:
Amendment 201 #
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 produced and handled.
Amendment 210 #
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, carriers and non-EU carriers shall take immediate corrective actions, as soon as possible.
Amendment 238 #
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Certifiers shall carry out spot- checks, visual inspections of sites, transport medium and immediate surrounding areas to ensure that all measures included in the risk assessment plan carried out in accordance with Annex es I and III are duly implemented.
Amendment 270 #
Proposal for a regulation
Article 9 – paragraph 1 – point a a (new)
Article 9 – paragraph 1 – point a a (new)
(a a) take immediate measures to contain and clean-up incidental or accidental loss in an ecologically sensitive manner;
Amendment 271 #
Proposal for a regulation
Article 9 – paragraph 1 – point b
Article 9 – paragraph 1 – point b
(b) take remedial measures to limitigate the negative impacts of the health or environmental consequences and, to prevent further incidents or accidents.store and rehabilitate ir replace damaged natural resources;
Amendment 276 #
Proposal for a regulation
Article 9 – paragraph 1 – point b a (new)
Article 9 – paragraph 1 – point b a (new)
(b a) take measures to prevent further incidents or accidents.
Amendment 278 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The competent authority in whose territory the incident or accident occurred shall require, where necessary, that economic operators, EU carriers and non- EU carriers take appropriate complementary measures to limitigate the health or environmental consequences and, to prevent further incidents or accidents, and to restore the environment where spills or leaks do occur without generating additional negative environmental impacts in doing so.
Amendment 285 #
Proposal for a regulation
Article 10 – paragraph 1 – point b
Article 10 – paragraph 1 – point b
(b) take the measures necessary to ensure that compliance is restored within the shortest possible time to prevent or minimise any imminent accident;
Amendment 286 #
Proposal for a regulation
Article 10 – paragraph 1 – point c a (new)
Article 10 – paragraph 1 – point c a (new)
(c a) fully restore the affected environment.
Amendment 317 #
Proposal for a regulation
Article 15 – paragraph 3 – point a a (new)
Article 15 – paragraph 3 – point a a (new)
(a a) The absence of remedial measures from the operator in case of incident;
Amendment 321 #
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 and neighbouring communities 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 324 #
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 or ecosystems affected and bring collective actions for compensation. Member States shall ensure that a claim for an infringement leading to a damage cannot be pursued twice, by the individuals affected and by the non-governmental organisations referred to in this paragraph.