What changed between the draft committee report and the plenary report

Added: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 and organise specific training to minimise the health or environmental consequences and to prevent further incidents or accidents.

Added:Article 9 – paragraph 3: 3. In the event of any incident or accident 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.

Added:Article 10 – paragraph 2: 2. Where the infringement of the rules laid down in this Regulation poses an immediate danger to human health or threatens to cause an immediate significant adverse effect upon the environment, the competent authority shall suspend the operation of the installation until compliance is restored in accordance with paragraph 1, points (b) and (c).

Added:Article 11 – paragraph 1: 1. Member States shall designate one or more competent authorities for the application and enforcement of this Regulation and shall inform the Commission accordingly.

Added:Article 12 – paragraph 1: 1. By ... [12 months from the entry into force of this Regulation], the Commission shall develop and fund awareness raising and training material, which may take the form of guides and courses, 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, social partners, civil society representatives and non-governmental organisations and in collaboration with competent authorities.

Added:Article 12 – paragraph 2 – subparagraph 1: Member States shall ensure that economic operators and carriers get access to information and assistance regarding compliance with this Regulation.

Added:Article 12 – paragraph 2 – subparagraph 1 a (new): Without prejudice to applicable State aid rules, the assistance referred to in the first subparagraph for micro, small and medium-sized enterprises may take the form of: / (a) specialised management and staff training, including the organisation of training programmes; / (b) organisational and technical assistance.

Added:Article 12 – paragraph 2 – subparagraph 2 – introductory part: Without prejudice to applicable state aid rules, the assistance referred to in the first subparagraph for micro and small enterprises as well as for installations handling plastic pellets in quantities below the threshold set out in Article 4(2) may also take the form of:

Added:Article 12 – paragraph 2 – subparagraph 2 – point b: (b) access to finance, including for the purpose of acquiring equipment required to achieve compliance;

Added:Article 12 – paragraph 2 – subparagraph 2 – point c: deleted

Added:Article 12 – paragraph 2 – subparagraph 2 – point d: deleted

Added:Article 13 – paragraph 1: 1. For the purposes of compliance with the obligation referred to in Article 4(7), first subparagraph, point (c), and Annex IVa, a methodology to estimate quantities of losses shall be developed in harmonised standards in accordance with the procedures established by Regulation (EU) No1025/2012.

Added:Article 14 – paragraph 2: 2. Competent authorities shall assess the substantiated complaint referred to in paragraph 1 and, where necessary, take the necessary steps, including inspections and hearings of the person or organisation, with a view to verifying those complaints. If the complaint is found to be grounded, the competent authorities shall take the necessary actions in accordance with Article 4(3), Article 9(2) and Article 10(2).

Added: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 3 % of the economic operator’s annual turnover in the Union in the business year preceding the fining decision.

Added:Article 15 – paragraph 3 a (new): 3a. Member States shall endeavour to ensure that the revenue generated from the penalties referred to in paragraph 1, or its equivalent financial value, is used to support projects aimed at cleaning up areas polluted by plastic before ... [the date of entry into force of this Regulation] and avoiding plastic pellet pollution. / Projects financed by the revenue generated from penalties as referred to in the first subparagraph may contribute to promoting scientific work to study the impact of plastic pellets on human health and the environment, supporting research and development in the area of plastic pellet pollution, implementing awareness programmes, and financing training programmes specifically designed for micro and small enterprises. / By … [60 months from the entry into force of this Regulation], and every year thereafter, the Commission shall report to the European Parliament and to the Council on how the revenue generated from penalties in the previous year has been used and how such use has contributed to the reduction of plastic pellet pollution, including information on the beneficiaries and the level of expenditure concerning the objectives set out in the first and second subparagraphs.

Added:Article 17 – paragraph 1: The Commission is empowered to adopt delegated acts in accordance with Article 19 to amend Annexes I to IVb in order to take account of the technical progress and scientific developments.

Added:Article 17 – paragraph 2 – point a: (a) the experience gained from the implementation of obligations set out in Articles 3, 4, 5, 8 and 9;

Added:Article 17 a (new): Article 17a / Review / The Commission shall monitor the application of this Regulation and relevant developments at the IMO. By ... [8 years from the entry into force of this Regulation], the Commission shall publish a comprehensive report on the overall application of this Regulation and its effectiveness and shall submit, where appropriate, a legislative proposal to amend this Regulation.

Added:Article 17 b (new): Article 17b / Traceability / By … [24 months from the entry into force of this Regulation], the Commission shall publish a report on the possibility of introducing chemical traceability of plastic pellets. That report shall at least consider : / (a) the technical feasibility of introducing a unique and differentiable, chemical signature which is not harmful to the environment or human health; / (b) setting up a Union database of all chemical signatures. / Where appropriate, the report referred to in the first paragraph shall be accompanied by a legislative proposal.

Added:Annex I – paragraph 1 – point 1 a (new): (1a) the number of tonnes of plastic pellets handled per year;

Added:Annex I – paragraph 1 – point 3 a (new): (3a) information relating to the chemical nature of each polymer contained in plastic pellets on site, including information on physico-chemical properties and hazard proprieties;

Added:Annex I – paragraph 1 – point 7 – paragraph 2 – introductory part: Economic operators shall put in place at least the following, taking into account the nature and size of the installation as well as the scale of its operations:

Added:Annex I – paragraph 1 – point 7 – paragraph 2 – point a: (a) For prevention: vacuum seals on hoses and pipework; tear- and impact-resistant, waterproof, sealed and labelled packaging that can withstand degradation in rough 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; shock-resistant, waterproof, sealed and labelled 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;

Added:Annex I – paragraph 1 – point 7 – paragraph 2 – point b: (b) For containment: spill trays and catchment devices placed along the exterior edge of loading and unloading areas; in-ground retention tanks with steel grating below spill hotspots such as transfer points; industrial vacuum cleaners and hand tools for immediate cleaning; indoor and outdoor drain covers on all drains with a mesh size smaller than the smallest plastic pellets handled on site, storm water drainage or filtration systems to manage reasonably foreseeable flood or storm events; a sewage treatment system;

Added:Annex I – paragraph 1 – point 7 – paragraph 2 – point c: (c) For clean-up: industrial vacuum cleaners for internal and external usage; dedicated appropriate containers for recovered pellets that are shock-resistant, waterproof, sealed, labelled and secured to prevent further spills and losses; hand tools (e.g., brooms, dustpan and brush, buckets, repair tapes); reinforced collection bags.

Added:Annex I – paragraph 1 – point 7 – paragraph 2 a (new): Exemptions in relation to the installation of certain types of equipment referred to in this point shall be possible for economic operators that are able to justify such exemptions to the competent authorities, taking into account the nature and size of the installation as well as the scale of its operations. / Economic operators that are micro-enterprises shall consider at least the elements set out in this point, taking into account the nature and size of the installation as well as the scale of its operations.

Added:Annex I – paragraph 1 – point 8 – paragraph 2 – introductory part: Economic operators shall put in place at least the following measures taking into account the nature and size of the installation as well as the scale of its operations:

Added:Annex I – paragraph 1 – point 8 – paragraph 2 – point a: (a) for prevention: limits on the volumes of pellets transported in certain packaging (e.g., pellets must be packaged and sealed in 25kg tear- and impact-resistant packaging that can withstand degradation in aquatic environments, and loaded no more than 1 tonne per pallet); regular inspection and maintenance of packaging, containers and storage facilities; use of spill trays under transfer points and during loading and unloading; clear protocols for opening, loading, closing and sealing containers at the start and end of loading; physical testing and monitoring of the effectiveness of prevention procedures;

Added:Annex I – paragraph 1 – point 8 – paragraph 2 – point b: (b) for containment: regular inspection, cleaning and maintenance of catchment devices; regular inspection, cleaning and maintenance of drain covers, storm water drainage or filtration systems; regular inspection and cleaning of vehicles leaving and/or entering a site, outgoing water facilities and fences on the installation's boundaries that are in public areas when applicable; immediate replacement or repair of leaking packaging; checks for broken and discarded packaging or containers for residual pellets before disposal or repair; regular inspection, cleaning and maintenance of sewage treatment system.

Added:Annex I – paragraph 1 – point 8 – paragraph 2 – point c: (c) for clean-up: spilled plastic pellets are cleaned up immediately to prevent losses to the environment, at the latest upon termination of the operation, and collected in a designated waterproof, sealed and labelled container. If possible, spilled plastic pellets are reused as raw material to reduce wastage. If spilled plastic pellets cannot be reused as raw materials, they are retrieved and disposed of in accordance with waste legislation; along with damaged containers;

Added:Annex I – paragraph 1 – point 8 – paragraph 2 a (new): Exemptions in relation to taking the measures referred to in this point shall be possible for economic operators that are able to justify such exemptions to the competent authorities, taking into account the nature and size of the installation as well as the scale of its operations. / Economic operators that are micro enterprises shall consider at least the elements set out in this point, taking into account the nature and size of the installation as well as the scale of its operations.

Added:Annex I – paragraph 1 – point 9 – introductory part: (9) in addition to elements described in points (1) to (8), economic operators that are not micro-enterprises shall also take the following actions:

Added: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, visible labelling concerning safe stowage and storage 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 waterproof, sealed tear- and impact-resistant packaging that can withstand degradation in aquatic environments; spill trays and catchment devices; ensuring that protective covers on e.g. forklifts/hydraulic equipment are used to prevent the piercing of packaging; regularly cleaning and checking whether the loading compartments are in good condition, containers and trailers to contain and 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.

Added:Annex III – paragraph 1 – point 1 a (new): (1a) Additional measures to be taken and equipment specifically applicable to maritime and inland waterway transport: / (a) provide a clear indication of the containers containing plastic pellets; / (b) store plastic pellets in containers in good condition and avoid protrusions that could tear bags and boxes and store containers in the hold and not on deck; / (c) contain, clean up and avoid losses of plastic pellets into water when cleaning the boarding area, deck, hold or in a shipping container.

Added:Annex III – paragraph 1 – point 2: (2) For containment and clean-up: replace or where possible repair damaged packaging (e.g. by using booms, barriers and tape) and contain the remaining pellets in the container or loading compartment; collect the spilled pellets in closed waterproof containers labelled and sealed for proper disposal; in case of transport of pellets in bulk tanks, deploy appropriate spill trays and catchment devices before 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; immediately notify the authorities such as international and national emergency, or environmental authorities, as appropriate, from the Member State where the event occurred.

Added:Annex III – paragraph 1 – point 3: (3) Equipment on board: at least one portable lighting device, hand tools (e.g. brooms, dustpan and brush, buckets, repair tapes, etc.); closed collection containers/reinforced collection bags.

Added:Annex III – paragraph 1 – point 3 a (new): (3a) Training: establish an awareness and training programme, based on the employees' specific roles and responsibilities, on prevention, containment and clean-up of plastic pellet losses, the installation, use and maintenance of equipment, the execution procedures, as well as the monitoring and reporting of plastic pellet losses.

Added:Annex IV a (new): ANNEX IVa / FORM FOR LOSS TRACKING / Place of Incident: [Text Box] / Pellet Loss Tracking Form / Date of Incident: [date] / Time of Incident: [time] / Location of Loss: / [ ] Production Area / [ ] Storage Area / [ ] Manufacturing Area / [ ] Transportation / Description of Pellet Loss: / [Text Box] / Estimated Quantity of Lost Pellets: / [Text Box] / [Text Box – estimated quantity of lost pellets based on the standardised methodology referred to in Article 13] / Cause of Loss: / [ ] Equipment Malfunction / [ ] Human Error / [ ] Environmental or Weather Factors (Specify): [Text Box] / [ ] Other (Specify): [Text Box] / Immediate Actions Taken: / [Text Box] / Clean-up Measures: / [ ] Sweeping / [ ] Vacuuming / [ ] Absorbent Materials / [ ] Containment / [ ] Disposal / Environmental Impact Assessment: / [ ] Soil Contamination / [ ] Water Contamination / [ ] Air Quality Contamination / [ ] Wildlife Impact / Witness Information (if applicable): / Name: [Text Box] / Contact Number: [Text Box] / Email Address: [Text Box] / Reporting Person: / Name: [Text Box] / Position: [Text Box] / Contact Number: [Text Box] / Email Address: [Text Box] / Attachments (e.g., photos, reports): / [File Upload] / Additional comments: [Text Box]