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DRAFT REPORT (COM(2023)0645 – C90378/2023 – 2023/0373(COD))

On the proposal for a regulation of the European Parliament and of the Council on preventing plastic pellet losses to reduce microplastic pollution

ENVI-PR-757117

Committee on the Environment, Public Health and Food Safety · Rapporteur: João Albuquerque

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The draft report proposes amendments to the Commission's regulation on preventing plastic pellet losses. It tightens rules by lowering thresholds, expanding definitions, and strengthening certification and enforcement. It requires third-party certification for risk assessment plans, lowers the tonnage threshold for extra obligations from 1,000 to 250 tonnes, and extends obligations to EU and non-EU carriers. Penalties must be at least 4% of annual turnover in the Union, and competent authorities must suspend operations in case of immediate danger.

Committee position. The rapporteur proposes amendments to strengthen the Commission's proposal, including lowering thresholds, expanding definitions, and enhancing enforcement and certification requirements.

Key points

  1. Risk assessment plans must be certified by a third party, except for micro enterprises.
  2. Small, medium, and large enterprises handling over 250 tonnes of pellets annually must implement extra actions, including annual internal assessments and training.
  3. Micro enterprises and those handling below 250 tonnes are subject to self-declaration of conformity.
  4. The Commission and competent authorities must raise awareness and develop training materials for SMEs.
  5. Fines for infringements by legal persons must be at least 4% of annual turnover in the Union.
  6. The definition of plastic pellet is expanded to include powders, flakes, and dust.
  7. Competent authorities must require economic operators to take actions, not just may.
  8. EU and non-EU carriers must implement actions during loading, unloading, transport, storage, cleaning, and maintenance.
  9. Records of losses and volumes handled must be kept for five years and made available to authorities.
  10. Certification for large enterprises is due 24 months after entry into force, and for small and medium enterprises 36 months, with renewals every three years.
  11. In case of accidental loss, operators must contain and clean up in an ecologically sensitive manner and restore ecosystems.
  12. Competent authorities must suspend operations if there is immediate danger to health or environment.

Who is affected

  • Economic operators handling plastic pellets, including micro, small, medium, and large enterprises.
  • EU and non-EU carriers transporting plastic pellets.
  • Competent authorities in member states responsible for enforcement and reporting.
  • Certifiers issuing certificates for compliance.

Figures and deadlines

  • 250 tonnes: threshold for extra obligations, replacing 1,000 tonnes.
  • 4%: minimum fine as share of annual turnover in the Union.
  • 24 months: deadline for large enterprises to obtain certificates.
  • 36 months: deadline for small and medium enterprises to obtain certificates.
  • Three years: interval for renewing certificates and reporting.
  • Five years: period to retain records.

Legal basis: Article 192(1) and Article 294(2) of the Treaty on the Functioning of the European Union