Activities of Jytte GUTELAND related to 2016/0023(COD)
Legal basis opinions (0)
Amendments (37)
Amendment 95 #
Proposal for a regulation
Citation 1
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 192(1) and Article 207 thereof,
Amendment 115 #
Proposal for a regulation
Recital 9
Recital 9
(9) As Union legislation already transposes many of the obligations of the Convention, this Regulation should only lay down provisions that complement the Union acquis and that are needed to ensure its full alignment with the Convention and, accordingly, to enable the Union and its Member States to ratify and implement it.
Amendment 124 #
Proposal for a regulation
Recital 12
Recital 12
(12) This Regulation should therefore have a twofold legal basis, Articles 192(1) and 207 of the TFEU, as it seekAs the main objective of this Regulation is to protect both the environment and human health and to ensure uniformity in respfrom the negative effects of its trade aspects through the export and import prohibition and restrictions affecting mercury, mercury compounds and mercury-added productmercury, this Regulation should have Article 192(1) TFEU as its legal basis.
Amendment 130 #
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) In accordance with Article 193 TFEU, this Regulation should not prevent Member States from maintaining or introducing more stringent protective measures, provided that such measures are compatible with the Treaties and the Commission has been notified.
Amendment 150 #
Proposal for a regulation
Recital 17 a (new)
Recital 17 a (new)
(17a) Parties to the Minamata Convention have committed to take measures to encourage professional organisations and dental schools to educate and train dental professionals and students on the use of mercury-free dental restoration alternatives and on promoting best management practices; such measures should be taken into account when reviewing Directive 2005/36/EC of the European Parliament and of the Council1a. __________________ 1aDirective 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications (OJ L 255, 30.9.2005, p. 22).
Amendment 151 #
Proposal for a regulation
Recital 17 b (new)
Recital 17 b (new)
(17b) Permanent storage of metallic mercury should be avoided in order to ensure its non-availability as a commodity. In order to ensure its long- term safe disposal, metallic mercury should be transformed into a solidified form prior to permanent storage.
Amendment 174 #
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 2
Article 4 – paragraph 1 – subparagraph 2
Amendment 177 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
Amendment 178 #
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
Amendment 181 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Without prejudice to stricter requirements set out in other applicable Union legislation, the export, import and the manufacturing in the Union of the mercury-added products as set out in Annex II shall be prohibited from 1 January 2021.
Amendment 195 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. The manufacture and placing on the market of mercury-added products not covered by any knownapproved use prior to 1 January 2018 shall be prohibited.
Amendment 211 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. From 1 January 2019 onwards de8 and untail amalgam shall only be used in an encapsulated for1 January 2020, dentists shall offer alternatives to dental amalgam.
Amendment 218 #
Proposal for a regulation
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
1a. From 1 January 2020 onwards, dental amalgam in any form shall not be used.
Amendment 219 #
Proposal for a regulation
Article 10 – paragraph 1 b (new)
Article 10 – paragraph 1 b (new)
1b. By way of derogation from paragraph1a, Member States may allow use of dental amalgam in respect of specific medical needs when no other alternatives are suitable.
Amendment 222 #
Proposal for a regulation
Article 10 – paragraph 1 c (new)
Article 10 – paragraph 1 c (new)
1c. From 1 January 2018 and until 1 January 2020, and when paragraph 1b applies, dental amalgam shall only be used in pre-dosed encapsulated form.
Amendment 227 #
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. From 1 January 20198 onwards dental facilities shall be equipped with amalgam separators aimed at retaining and collecting amalgam particles. Those separators shall be maintained as required to ensure a high level of retentionretention of at least 95 % of the amalgam particles.
Amendment 229 #
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Capsules and amalgam separators complying with harmonised EN standards or with other national or international standards that ensure an equivalent level of quality and of level retention shall be presumed to satisfy the requirement set out under paragraphs 1c and 2.
Amendment 232 #
Proposal for a regulation
Article 10 – paragraph 3 a (new)
Article 10 – paragraph 3 a (new)
3a. Notwithstanding paragraphs 1 to2, Member States may further restrict, as they deem necessary, the use of dental amalgam.
Amendment 244 #
Proposal for a regulation
Article 11 – title
Article 11 – title
Amendment 245 #
Proposal for a regulation
Article 11 – paragraph 1 – introductory part
Article 11 – paragraph 1 – introductory part
Amendment 247 #
Proposal for a regulation
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
1a. The Commission is empowered to adopt, not later than 1 January 2019, delegated acts in accordance with Article 17 of this Regulation, in order to supplement this Regulation by setting out thresholds for mercury levels in waste containing or contaminated with mercury compounds, and by adopting requirements for the environmentally sound management of such waste streams.
Amendment 262 #
Proposal for a regulation
Article 13 – paragraph 1 – point a
Article 13 – paragraph 1 – point a
(a) temporarily stored for more than onsix months and for less than five years or permanently stored in salt mines that are adapted for the disposal of mercury, or in deep underground hard rock formations providing a level of safety and confinement equivalent to that of those salt mines;
Amendment 269 #
Proposal for a regulation
Article 13 – paragraph 1 – point b
Article 13 – paragraph 1 – point b
(b) temporarily stored for more than six months and for less than five years in above-ground facilities dedicated to and equipped for the temporary storage of mercury.
Amendment 283 #
Proposal for a regulation
Article 13 – paragraph 2 a (new)
Article 13 – paragraph 2 a (new)
2a. Mercury waste shall be placed in storage batches followed by sealing and backfilling of the storage chamber, which shall not be left open for more than six months.
Amendment 285 #
Proposal for a regulation
Article 13 – paragraph 2 b (new)
Article 13 – paragraph 2 b (new)
2b. Without prejudice to paragraphs 2 and 2a of this Article, metallic mercury permanently stored shall be transformed into mercury sulphide (HgS) through stabilization or solidification prior to its storage. It shall be stored only in licensed underground storage in salt mines or hard rock formations for which proof of long-term safety has been furnished in accordance with Annex A to Council Decision 2003/33/EC1a. _______________ 1aCouncil Decision 2003/33/EC of 19 December 2002 establishing criteria and procedures for the acceptance of waste at landfills pursuant to Article 16 of and Annex II to Directive 1999/31/EC (OJ L 11, 16.1.2003, p. 27).
Amendment 289 #
Proposal for a regulation
Article 13 a (new)
Article 13 a (new)
Article 13a Information from storage and disposal operators of mercury waste 1. Operators of installations undertaking the temporary storage or the solidification of mercury waste shall, as part of the record keeping required under Article 35 of Directive 2008/98/EC, establish a register including the following information: (a) for each shipment of mercury waste received: (i) the origin and amount of mercury waste received; (ii) the name and contact details of the supplier; (b) for each shipment of solidified mercury waste leaving the installation: (i) the amount of solidified mercury waste and its mercury content; (ii) the destination and intended disposal operation of the solidified mercury waste; (iii) the certificate provided by the operator undertaking the permanent storage of the solidified mercury waste as referred to in paragraph2; (c) for each shipment of mercury waste leaving the temporary storage installation: (i) the amount of mercury waste and its mercury content; (ii) the destination and intended disposal operation of the mercury waste; (iii) the certificate provided by the operator undertaking the temporary storage of the mercury waste; (d) the amount of mercury waste stored at the installation at the end of each month. The operator of the installation shall transmit the register to the authority designated by the Member State every year, by 31 January. 2. Operators of installations undertaking the permanent storage of mercury waste shall, as soon as the disposal operation is completed, issue a certificate that the entire shipment of mercury waste has been placed into permanent storage in accordance with Directive 1999/31/EC, including information on the storage location.
Amendment 313 #
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
It shall apply from 1st January 2018the date of its entry into force.
Amendment 315 #
Proposal for a regulation
Annex II – part A
Annex II – part A
Amendment 320 #
Proposal for a regulation
Annex II – part B
Annex II – part B
Amendment 323 #
Proposal for a regulation
Annex III – part 1 – point a
Annex III – part 1 – point a
(a) from 1 January 20198: acetaldehyde production
Amendment 324 #
Proposal for a regulation
Annex III – part 1 – point a
Annex III – part 1 – point a
(a) from 1 January 20198: acetaldehyde production
Amendment 326 #
Proposal for a regulation
Annex III – part 1 – point b
Annex III – part 1 – point b
(b) from 1 January 20198: vinyl chloride monomer production
Amendment 327 #
Proposal for a regulation
Annex III – part 1 – point b
Annex III – part 1 – point b
(b) from 1 January 20198: vinyl chloride monomer production
Amendment 331 #
Proposal for a regulation
Annex III – part 1 – point b a (new)
Annex III – part 1 – point b a (new)
(ba) from 10 October 2017: polyurethane using mercury containing catalysts
Amendment 332 #
Proposal for a regulation
Annex III – part 1 – point b a (new)
Annex III – part 1 – point b a (new)
(ba) from 1 January 2018: sodium methylate and ethylate production
Amendment 335 #
Proposal for a regulation
Annex III – part 1 – point b b (new)
Annex III – part 1 – point b b (new)
(bb) from 1 January 2018: chlor-alkali production
Amendment 336 #
Proposal for a regulation
Annex III – part 2 – paragraph 2 – introductory part
Annex III – part 2 – paragraph 2 – introductory part
The production of sodium or potassium methylate or ethylate shall be phased out as quickly as possible and in any event within 10 years of the entry into force of the Convention. Before that date, the aforementioned production shall be carried out in accordance with the following requirements: