13 Amendments of Piernicola PEDICINI related to 2018/0070(COD)
Amendment 13 #
Proposal for a regulation
Recital 1
Recital 1
(1) Regulation (EC) No 850/2004 of the European Parliament and of the Council14 has been substantially amended several times. Since it is necessary to make further amendments, that Regulation should be recast in the interests of clarity. Moreover, as in the case of Regulation (EC) No 850/2004, this Regulation primarily concerns environmental protection and the protection of human health. The legal basis is therefore Article 192(1) of the Treaty on the Functioning of the European Union. _________________ 14 Regulation (EC) No 850/2004 of the European Parliament and of the Council of 29 April 2004 on persistent organic pollutants and amending Directive 79/117/EEC (OJ L 158, 30.4.2004, p. 7).
Amendment 14 #
Proposal for a regulation
Recital 5
Recital 5
(5) When implementing the provisions of the Convention at Union level, it is necessary to ensure coordination and coherence with the provisions of the Rotterdam Convention on the prior informed consent procedure for certain hazardous chemicals and pesticides in international trade, which was approved by the Union on 19 December 200217 and; of the Basel Convention on the control of transboundary movements of hazardous wastes and their disposal, which was approved by the Union on 1 February 199318 ; of the Minamata Convention on Mercury, which was approved by the Union on 11 May 201718a. This coordination and coherence should also be maintained when participating in the implementation and further development of the Strategic Approach to International Chemicals Management (SAICM), adopted by the First International Conference on Chemicals Management in Dubai on 6 February 2006 within the United Nations framework. _________________ 17 18OJ L 63, 6.3.2003, p. 29 . OJ L 63, 6.3.2003, p. 29. 18 OJ L 39, 16.2.1993, p. 3 . OJ L 39, 16.2.1993, p. 3. 18a OJ L 142, 2.6.2017, p. 4.
Amendment 15 #
Proposal for a regulation
Recital 10
Recital 10
(10) Obsolete or carelessly managed stockpiles of POPs may seriously endanger the environment and human health through, for instance, contamination of soil and ground water. It is appropriate, therefore, to lay down stricter rules concerning the management of such stockpiles compared to those laid down in the Convention. Stockpiles of prohibited substances should be treated as waste, while stockpiles of substances the manufacturing or use of which is still allowed should be notified to the authorities and properly supervised. In particular, existing stockpiles which consist of or contain banned POPs should be managed as waste as soon as possible. If other substances are banned in the future, their stocks should also be destroyed without delay and no new stockpiles should be built up. In view of the particular problems of certain Member States, adequate financial and technical assistance should be provided through existing Union financial instruments.
Amendment 17 #
Proposal for a regulation
Recital 11
Recital 11
(11) In line with the Protocol and the Convention, releases of POPs which are unintentional by-products of industrial processes should be identified and reduced as soon as possible with the ultimate aim of elimination, where feasible. Appropriate national action plans, covering all sources and measures, including those provided for under existing Union legislation, should be implemented and developed to reduce such releases continuously and cost-effectively as soon as possible. To this end, appropriate tools should be developed in the framework of the Convention.
Amendment 18 #
Proposal for a regulation
Recital 16
Recital 16
(16) The Convention provides that each Party is to draw up and endeavour to implement, as appropriate, a plan for the implementation of its obligations under the Convention and transmit it to the Conference of the Parties as soon as possible, at the latest by ... [OJ: please insert the date two years after the entry into force of this Regulation]. Member States should provide opportunities for public participation in drawing up, implementing and updating their implementation plans. Since the Union and the Member States share competence in that regard, implementation plans should be drawn up both at national and Union level. Cooperation and an exchange of information between the Commission, the Agency and the authorities of the Member States should be promoted.
Amendment 19 #
Proposal for a regulation
Recital 17
Recital 17
Amendment 22 #
Proposal for a regulation
Recital 19
Recital 19
(19) Since public awareness of the hazards that POPs pose to the health of present and future generations as well as to the environment, particularly in developing countries, is often lacking, wide-scale information is needed to increase the level of caution and public understanding of the rationalegain support for restrictions and bans. In accordance with the Convention, public awareness programmes on those substances, on their health and environmental effects and on their alternatives, especially for the most vulnerable groups, as well as training of workers, scientists, educators, technical and managerial personnel should be promoted and facilitated, as appropriate. The Union should ensure access to information and public participation, implementing the UN/ECE Convention on access to information, public participation in decision making and access to justice in environmental matters (Aarhus Convention), which was approved by the Union on 17 February 20051a. _________________ 1a OJ L 124, 17.5.2005, p. 1.
Amendment 24 #
Proposal for a regulation
Recital 21
Recital 21
(21) Upon request and within available resources, the Commission, the Agency and the Member States should cooperate in providing appropriate and timely technical assistance designed especially to strengthen the capacity of developing countries and countries with economies in transition to implement the Convention. Technical assistance should include the development and implementation of suitable alternative products, methods and strategies, under the Convention, to ensure that POPs only continue to be used when locally safe, effective and affordable alternatives are not available to the country in question.
Amendment 26 #
Proposal for a regulation
Article 4 – paragraph 3 – subparagraph 2 – point c
Article 4 – paragraph 3 – subparagraph 2 – point c
(c) the manufacturer confirms that the substance is ait is not expected that either humans or the environment will be exposed to any significant quantities of the substance during its production and use, as shown through assessment of that closed- system site- limited intermediate within the meaning of Article 2(j). in accordance with Regulation (EC) No 1272/20081a of the European Parliament and of the Council; _________________ 1aRegulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006 (OJ L 353, 31.12.2008, p. 1).
Amendment 32 #
Proposal for a regulation
Article 8 – paragraph 1 – point c
Article 8 – paragraph 1 – point c
(c) upon request, provide technical and scientific support and input to the Commission for substances that may comply with the criteria for listing in the Convention or the Protocol, including on the prevention of the production and use of new POPs, and on the assessment of pesticides or industrial chemicals currently in use;
Amendment 38 #
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. Without prejudice to Directive 2003/4/EC of the European Parliament and of the Council32 , information referred to in paragraphs 1 and 2on health and safety of humans and the environment shall not be regarded as confidential. The Commission, the Agency and the Member States that exchange information with a third country shall protect any confidential information in accordance with Union law . _________________ 32 Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information and repealing Council Directive 90/313/EEC (OJ L 41, 14.2.2003, p. 26).
Amendment 39 #
Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 1 – introductory part
Article 13 – paragraph 1 – subparagraph 1 – introductory part
Without prejudice to Directive 2003/4/EC and Directive 2007/2/EC, Member States shall draw up, publish and keep up-to-date a biennial report containing:
Amendment 40 #
Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 2 a (new)
Article 13 – paragraph 1 – subparagraph 2 a (new)
The Union shall ensure access to information and public participation throughout the monitoring of implementation.