What changed between the adopted text of 23 Apr 2024 and the adopted text of 23 Oct 2025

Removed: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 on demand.

Removed:2. Economic operators that are small, 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 53 years from the last notification. [Am. 32]

Removed:2a. Economic operators that are small enterprises operating installations where plastic pellets in quantities above 1 000 tonnes have been handled in the previous calendar year shall comply with the obligations laid down in paragraph 2 of this Article, unless they hold a valid certificate issued in accordance with Article 5(2a). [Am. 33]

Removed:3. Competent authorities may require economic operators to take the following actions:

Removed:(a) to change risk assessment plans notified in accordance with paragraphs 1 and 2 to ensure that the losses can effectively be prevented orand, where appropriate, contained and cleaned up and that Annex I is complied with; [Am. 34]

Removed:(b) implement any of the actions listed in Annex I in a timely manner.

Removed:4. Competent authorities shall establish, maintain, and update a register containing the risk assessment plans and, self-declarations of conformity notifiedand loss notifications provided in accordance with paragraphs 1 and 2 of this ArticleAnnex IVa. The register shall be publicly available on a website. [Am. 35]

Removed: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, cleaning and maintenance operations.

Removed:6. When economic operators implement the actions set out in the risk assessment plan established in accordance with Annex I and the EU carriers and non-EU carriers implement the actions laid down in Annex III, they shall take action, in the following priority order:

Removed:(a) actions to prevent spills

Removed:(b) actions to contain spills to avoid they become a loss;

Removed:(c) actions to clean-up after a spill or loss.

Removed:7. Economic operators, EU carriers and non-EU and EU carriers shall have the following obligations: [Am. 36]

Removed:(a) ensure that their staff is trained according to their specific roles and responsibilities and that they are aware of and are able to use the relevant equipment, including adequate personal protection equipment, and execute the procedures set out to ensure compliance with this Regulation; [Am. 37]

Removed:(b) keep records of the actions taken to comply with the obligations set out in this Article;

Removed:(c) keep records of annually estimated quantities of losses and of the total volumequantities of plastic pellets handled. [Am. 38]

Removed:As from six 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.

Removed: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 on demand.

Removed: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 possiblewithout delay. [Am. 39]

Removed:9. Every year economic operators that are not micro or small-sized enterprises andor 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 mayshall among others cover the following subjects: [Am. 40]

Removed:(a) the estimated quantities and causes of losses;

Removed:(b) the preventive, containment and clean up equipment and/or procedures implemented to avoid future losses, and an evaluation of their effectiveness; [Am. 41]

Removed:(c) discussions with and training programmes involving the personnel, inspections of equipment, including adequate personal protection equipment, and procedures in place and revision of any relevant documentation. [Am. 42]

Removed:The economic operators referred to in the first subparagraph shall maintain records of the assessments and of any actions taken subsequently, and shall make such records available to competent authorities on demand. [Am. 43]

Removed:Article 5 Certification

Removed:1. By … [OP: please insert the date = 24 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 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.

Removed:2. By … [OP: please insert the date = 36 months after the entry into force of this Regulation], and thereafter every fourthree years, economic operators that are medium-sized 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. [Am. 44]

Removed:2a. By … [60 months from the entry into force of this Regulation], economic operators that are small 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. That certificate shall be valid for 5 years. [Am. 45]

Removed:3. Certifiers shall carry out spot-checks and inspections of sites, means of transport and immediately surrounding areas to ensure that all measures included in the risk assessment plan carried out in accordance with Annex I are duly implemented. [Am. 46]

Removed:4. Certificates shall meet the following requirements:

Removed:(a) be issued in accordance with the model form set out in Annex IV and in electronic form;

Removed:(b) specify the economic operator, the installation covered by the certificate, the date of the spot-checks carried out, and the period of validity;

Removed:(c) certify conformity of the installation covered by the certificate with the requirements laid down in Annex I;

Removed:5. Without undue delay, certifiers shall notify the competent authority of the following:

Removed:(a) certificates issued;

Removed:(b) certificates suspended or withdrawn;

Removed:(c) changes in certificates.

Removed:Competent authorities shall establish and maintain and keep up to date a register of certificates. The register shall be publicly available on a website.

Removed:Article 6 Environmental management systems

Removed: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 have been included in the environmental management system of the economic operator and have been implemented.

Removed:Article 7 Accreditation of certifiers

Removed:The accreditation of certifiers referred to in Article 32, point (k)(i) shall include an evaluation of compliance with the following requirements: [Am. 47]

Removed:(a) the certifier shall be independent of the economic operator;

Removed:(b) the certifier, its top-level management and the personnel responsible for the conformity assessment shall not engage in any activity that may conflict with their independence of judgement or integrity in relation to the certification activities;

Removed:(c) the certifier and its personnel shall carry out their activities with the highest degree of professional integrity and the requisite technical competence and shall be free from all pressures and inducements, including financial, which might influence their judgement or the results of their certification activities;

Removed:(d) the certifier shall have the expertise, equipment and infrastructure required to perform the conformity assessment in relation to which it has been accredited;

Removed:(e) the certifier shall have a sufficient number of suitably qualified and experienced personnel responsible for carrying out the conformity assessment tasks;

Removed:(f) the personnel of a certifier shall observe professional secrecy with regard to all information obtained in carrying out the conformity assessment tasks;

Removed:(g) where a certifier subcontracts specific tasks connected with certification or has recourse to a subsidiary, it shall take full responsibility for the tasks performed by subcontractors or subsidiaries and shall assess and monitor the qualifications of the subcontractor or the subsidiary and the work carried out by them.

Removed:Article 8 Verification of compliance and reporting

Removed: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 unannounced environmental inspections and other verification measures, following a risk-based approach. [Am. 48]

Removed:2. At the latest by … [OP please insert the date = the first day of the month after fourthree 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: [Am. 49]

Removed:(a) the number of economic operators per size of enterprise according to Commission Recommendation 2003/361/EC and per economic activity, their installations and the quantities of plastic pellets handled by them, and of the EU carriers and their means of transport allocated to transporting plastic pellets and the quantities handled by them; [Am. 50]

Removed:(b) the number of risk assessment plans, self-declarations notified pursuant to Article 4(1) and 4(2) and certificates notified pursuant to Article 5(5);

Removed:(c) the number and results of environmental inspections and other verification 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.

Removed:3. The Commission shall lay down by means of implementing acts a format for the reports referred to in paragraph 2.

Removed:3a. Every three years, based on the reports of Member States referred to in paragraph 2, the Commission shall produce a synthesis report on compliance and reporting, setting out the qualitative and quantitative information on the implementation of this Regulation contained in the Member States’ reports. [Am. 51]

Removed:Article 9 Incidents and accidents

Removed: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: [Am. 52]

Removed:(a) inform the competent authority in whose territory the incident or accident occurred, as well as the competent authority of any territory that is likely to be affected, and the estimated quantities of losses in accordance with the form set out in Annex IVa; [Am. 53]