54 Amendments of Pernille WEISS related to 2022/0099(COD)
Amendment 119 #
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
Amendment 139 #
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11 a) The transition of the Metered- Dose-Inhalers(MDIs) to low-GWP technologies will require information exchange, cooperation and monitoring between the European Commission, Member States and competent authorities, the European Medicines Agency and the Health Emergency Preparedness and Response Authority, to avoid shortages and ensure sustained patient access to life-saving medication. Healthcare professionals and patients relying on MDIs medicines shall be informed and educated on the use of upcoming MDIs.
Amendment 153 #
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13 a) The smooth transition of Metered- Dose-Inhalers (MDIs) to low global warming potential propellants should be incentivised. Low GWP hydrofluorocarbons used for medical applications should be exempted from the scope of this regulation in order to ensure availability for patients while contributing to the achievement of EU and global climate objectives.
Amendment 155 #
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13 a) The Commission shall work in close cooperation with the European Medicines Agency to coordinate a smooth approval process in respect of fluorinated substances and alternatives for medical use, so that all environmental and health aspects are taken into account.
Amendment 184 #
Proposal for a regulation
Recital 39
Recital 39
(39) In implementing this Regulation, the Commission should establish a so- called Consultation Forum to ensure a balanced participation of Member States’ representatives and representatives of civil society, including environmental organisations, public health organisations, representatives of manufacturers, operators and certified persons.
Amendment 191 #
Proposal for a regulation
Recital 41
Recital 41
(41) In order to amend certain non- essential elements of this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union (‘TFEU’) should be delegated to the Commission in respect of the establishment of a list of products and equipment for which the recovery of gases or their destruction is technically and economically feasible and the specification of the technologies to be applied; labelling requirements; the exclusion from quota requirements of HFCs in accordance with decisions of the Parties to the Protocol; concerning the amounts due for the allocation of quota and the mechanism to allocate remaining quotas; additional measures for the monitoring of substances and of products and equipment placed under temporary storage and customs procedures; the rules applicable to the release for free circulation of products and equipment imported from and exported to any entity not covered by the Protocol; the update of global warming potentials of listed substances. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, in particular consultation with the Consultation Forum as set up according to Article 33 of this Regulation, including at expert level and that those consultations be conducted in accordance with the principles laid down in the Inter-institutional Agreement of 13 April 2016 on Better Law-Making38 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. _________________ 38 OJ L 123, 12.5.2016, p. 1.
Amendment 193 #
Proposal for a regulation
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) lays down rules on containment, use, recovery and destruction of fluorinated greenhouse gases and on related ancillary measures, and facilitates the safe and efficient use of alternative substances;
Amendment 202 #
Proposal for a regulation
Article 3 – paragraph 1 – point 5
Article 3 – paragraph 1 – point 5
(5) ‘operator‘ means the undertaking exercising actual power over the technical functioning of products and equipment covered by this Regulation or the ownerentity where designated by a Member State as being responsible for the operator’s obligations in specific cases;
Amendment 207 #
Proposal for a regulation
Article 3 – paragraph 1 – point 6
Article 3 – paragraph 1 – point 6
(6) ‘placing on the market’ means the supplying or making available to another person witharty in the Union, for the first time, for payment or free of charge, the customs release for free circulation in the Union, and the use of substances produced or the use of products or equipment manufactured for own use;
Amendment 238 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Operators and manufacturers of equipment and installations that contain fluorinated greenhouse gases listed in Annexes I or II, or other relevant alternatives to fluorinated greenhouse gases, as well as undertakings in possession of such equipment during its transport or storage, shall take all necessary precautions to prevent the unintentional release of any such gases. They shall take all measures that are technically and economically feasible to minimise leakage of the gases.
Amendment 240 #
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. During the production, storage, transport, and transfer from one container or system to another or to an equipment or installation, of fluorinated greenhouse gases listed in Annexes I and II, the undertaking shall take all necessary precautions to limit release of fluorinated greenhouse gases listed in Annexes I and II to the greatest extent possible. This paragraph also applies where fluorinated greenhouse gases listed in Annexes I and II are produced as by-products. , as well as to other relevant alternatives to fluorinated greenhouse gases.
Amendment 243 #
Proposal for a regulation
Article 4 – paragraph 4 – subparagraph 1
Article 4 – paragraph 4 – subparagraph 1
Where a leakage of fluorinated greenhouse gases listed in Annex I or II is detected, or other relevant alternatives to fluorinated greenhouse gases, the operators, manufacturers of equipment and installations and the undertakings in possession of the equipment during its transport, or storage, shall ensure that the equipment or installation is repaired without undue delay.
Amendment 246 #
Proposal for a regulation
Article 4 – paragraph 6 – subparagraph 1
Article 4 – paragraph 6 – subparagraph 1
Natural persons carrying out the tasks referred to in Article 10(1), points (a) to (c), shall be certified in accordance with Article 10 and shall take precautionary measures to prevent leakage of fluorinated greenhouse gases listed in Annexes I and II, or other relevant alternatives to fluorinated greenhouse gases.
Amendment 247 #
Proposal for a regulation
Article 4 – paragraph 6 – subparagraph 2
Article 4 – paragraph 6 – subparagraph 2
Undertakings carrying out the installation, servicing, maintenance, repair or decommissioning of the equipment listed in Article 5(2), points (a) to (f), shall be certified in accordance with Article 10 and shall take precautionary measures to prevent leakage of fluorinated greenhouse gases listed in Annexes I and II, or other relevant alternatives to fluorinated greenhouse gases.
Amendment 250 #
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1
Article 5 – paragraph 1 – subparagraph 1
Operators of equipment that contains 5 tonnes of CO2 equivalent or more of fluorinated greenhouse gases listed in Annex I or 1 kilogram or more of fluorinated greenhouse gases listed in Annex II, Section I, and other relevant alternatives to fluorinated greenhouse gases, not contained in foams, shall ensure that the equipment is checked for leaks.
Amendment 267 #
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1 – introductory part
Article 5 – paragraph 2 – subparagraph 1 – introductory part
Paragraph 1 applies to operators of the following equipment that contains fluorinated greenhouse gases listed in Annex I or in Annex II, Section I, or other relevant alternatives to fluorinated gases:
Amendment 288 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Any recovered fluorinated greenhouse gases listed in Annex I and Annex II, Section 1, shall not be used for filling or refilling other equipment unless the gas has been recycled or reclaimed.
Amendment 304 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
Without prejudice to existing Union legislation, Member States shall encouragsure the development of producer responsi -bility schemes for the recovery of fluorinated greenhouse gases listed in Annexes I and II and their recycling, reclamation or destruction, taking into account already applicable producer responsibility schemes.
Amendment 315 #
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Member States shall ensure that training programmes for natural persons recovering fluorinated greenhouse gases listed in Annex I and Annex II, Section I, and other relevant alternatives to fluorinated greenhouse gases, from air- conditioning equipment in motor vehicles falling within the scope of Directive 2006/40/EC of the European Parliament and of the Council42 are available, pursuant to paragraph 5. _________________ 42 Directive 2006/40/EC of the European Parliament and of the Council of 17 May 2006 relating to emissions from air conditioning systems in motor vehicles and amending Council Directive 70/156/EEC (OJ L 161, 14.6.2006, p. 12).
Amendment 319 #
Proposal for a regulation
Article 10 – paragraph 3 – point e
Article 10 – paragraph 3 – point e
(e) energy efficiencinstallation and maintenance of equipment to improve the energy efficiency and heat recovery aspects.
Amendment 325 #
Proposal for a regulation
Article 10 – paragraph 7
Article 10 – paragraph 7
7. Existing certificates and training attestations issued in accordance with Regulation (EU) No 517/2014 shall remain valid, in accordance with the conditions under which they were originally issued. The validity of existing certificates may be subject to additional requirements to reflect the extension of the certification scheme to other relevant alternatives to fluorinated greenhouse gases.
Amendment 337 #
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1
Article 11 – paragraph 1 – subparagraph 1
The placing on the market of products and equipment, listed in Annex IV, including parts thereof, listed in Annex IV after 15 years of the date listed, with an exemption for military equipment, shall be prohibited from the date specified in that Annex, differentiating, where applicable, according to the type or global warming potential of the gas contained.
Amendment 347 #
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 2
Article 11 – paragraph 1 – subparagraph 2
Products and equipment unlawfully placed on the market after the date referred to in the first subparagraph, shall not be subsequently used or supplied, or made available to other personarties within the Union for payment or free of charge or exported. Such products and equipment may only be stored or transported for subsequent return to the origin country or for disposal and for the recovery of the gas prior to the disposal pursuant to Article 8.
Amendment 362 #
Proposal for a regulation
Article 11 – paragraph 4 – subparagraph 1 – introductory part
Article 11 – paragraph 4 – subparagraph 1 – introductory part
Following a substantiated request by a competent authority of a Member State and taking into account the objectives of this Regulation, the Commission may, exceptionally, by means of implementing acts, authorise an exemption for up to four years to allow the placing on the market of products and equipment listed in Annex IV, including parts thereof after 15 years of the date listed, containing fluorinated greenhouse gases or whose functioning relies upon those gases, where it is demonstrated that:
Amendment 374 #
Proposal for a regulation
Article 11 – paragraph 5 – subparagraph 1
Article 11 – paragraph 5 – subparagraph 1
Only undertakings that hold a certificate required under Article 10(1), point (a) or the training attestation required under Article 10(2), or undertakings that employ persons holding such a certificate or a training attestation shall be allowed to purchase fluorinated greenhouse gases listed in Annex I or Annex II, Section 1, and other relevant alternatives to fluorinated greenhouse gases. for the purpose of carrying out the installation, servicing, maintenance or repair of the equipment containing those gases, or whose functioning relies upon those gases, referred to in Article 5(2), points (a) to (g), and Article 10(2).
Amendment 375 #
Proposal for a regulation
Article 11 – paragraph 5 – subparagraph 2
Article 11 – paragraph 5 – subparagraph 2
This paragraph shall not prevent non- certified undertakings, who do not carry out such activities, from collecting, transporting or delivering fluorinated greenhouse gases listed in Annex I and Annex II, Section 1, and other relevant alternatives to fluorinated greenhouse gases.
Amendment 416 #
Proposal for a regulation
Article 13 – paragraph 4
Article 13 – paragraph 4
4. The use of desflurane as inhalation anaesthetic is prohibionly permitted as from 1 January 2026, except when such use is strictly required and no other anaesthetic can be used on medical grounds. The user shall provide evidence, upon request, on the medical justification to the competent authority of the Member State and the Commission, or when it is used in conjunction with a gas capture technology.
Amendment 422 #
Proposal for a regulation
Article 16 – paragraph 2 – point c
Article 16 – paragraph 2 – point c
(c) supplied directly by a producer or an importer to undertakings, for export out of the Union, not contained in products ore-charged equipment referred to in Article 19(1), where those hydrofluorocarbons are not subsequently made available to any other party within the Union, prior to export;
Amendment 427 #
Proposal for a regulation
Article 16 – paragraph 2 – point d
Article 16 – paragraph 2 – point d
(d) supplied directly by a producer or an importer for use in military equipment;
Amendment 431 #
Proposal for a regulation
Article 16 – paragraph 2 – point e a (new)
Article 16 – paragraph 2 – point e a (new)
(e a) supplied directly by a producer or an importer to an undertaking producing metered dose inhalers for the delivery of pharmaceutical ingredients using a propellant with a low global warming potential;
Amendment 434 #
Proposal for a regulation
Article 16 – paragraph 2 – point e a (new)
Article 16 – paragraph 2 – point e a (new)
(e a) contained in products or in pre- charged equipment which are exported outside the Union.
Amendment 440 #
Proposal for a regulation
Article 16 – paragraph 2 – point e c (new)
Article 16 – paragraph 2 – point e c (new)
(e c) from 1 January 2030 and until 31 December 2035, supplied directly by a producer or an importer to an undertaking producing metered dose inhalers for the delivery of pharmaceutical ingredients, for export out of the Union.
Amendment 441 #
Proposal for a regulation
Article 16 – paragraph 4 – subparagraph 1 – introductory part
Article 16 – paragraph 4 – subparagraph 1 – introductory part
Following a substantiated request by a competent authority of a Member State, or an Agency of the EU, or the Consultation Forum, and taking into account the objectives of this Regulation, the Commission may, exceptionally by means of implementing acts, authorise an exemption for up to four years to exclude from the quota requirement laid down in paragraph 1 hydrofluorocarbons for use in specific applications, or specific categories of products or equipment, where it is demonstrated in the request that:
Amendment 446 #
Proposal for a regulation
Article 16 – paragraph 4 – subparagraph 1 – point a
Article 16 – paragraph 4 – subparagraph 1 – point a
(a) for those particular applications, products or equipment, alternatives are not available, or cannot be used for technical or safety reasons or risks to public health; and
Amendment 452 #
Proposal for a regulation
Article 16 – paragraph 4 – subparagraph 2
Article 16 – paragraph 4 – subparagraph 2
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 34(2). Where requests concerning protection on imperative grounds of urgency so require, the Commission shall adopt delegated acts in accordance with the procedure provided for in Article 32 in order to authorise an exemption referred to in paragraph 4 of this Article.
Amendment 468 #
Proposal for a regulation
Article 17 – paragraph 6
Article 17 – paragraph 6
6. The Commission is empowered to adopt delegated acts in accordance with Article 32 to amend paragraph 5 as regards the amounts due for the allocation of quota and the mechanism to allocate remaining quotas, where necessary to prevent major disruptions of the market of hydrofluorocarbons or any disruption to the supply of pharmaceutical products, or where the mechanism is not fulfilling its purpose and is having undesirable or unintended effects, including on public health. The Consultation Forum shall be consulted on the potential unintended effects that form a basis for a delegated act.
Amendment 525 #
Proposal for a regulation
Article 27 – paragraph 2 a (new)
Article 27 – paragraph 2 a (new)
By 31 December 2024 the Commission shall, by means of a delegated act, adopt a common general framework that Member States shall use to design centralised electronic systems.
Amendment 541 #
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
The Commission shall establish a Consultation Forum for providing advice and expertise direction in relation to the implementation of this Regulation. A dedicated sub-group of the Consultation Forum shall be established to ensure close cooperation with the European Medicines Agency as well as Member State authorities to evaluate unintended effects on public health. It shall deliver a yearly report as of 2025 which the European Commission shall act on in accordance with Article 32. The rules of procedure of the Consultation Forum shall be established by the Commission and shall be published.
Amendment 570 #
Proposal for a regulation
Annex VIII – point 1 – paragraph 2 – indent 2
Annex VIII – point 1 – paragraph 2 – indent 2
– in addition, where relevant, a quota corresponding to the reference value referred to in Annex VII, point 4(ii). From 1 January 2030 a quota corresponding to the reference value referred to in Annex VII, point 4(ii), multiplied by the maximum quantity for the year for which the quota is allocated divided by the maximum quantity for the year 2024. In case where after allocating the full amount of quotas as referred to in the second subparagraph, the maximum quantity is exceeded, all quotas allocated under Annex VII, point 4(i) will be reduced proportionally.
Amendment 588 #
Proposal for a regulation
Annex III – section 1 – row 37
Annex III – section 1 – row 37
Amendment 590 #
Proposal for a regulation
Annex III – section 1 – row 37
Annex III – section 1 – row 37
Amendment 593 #
Proposal for a regulation
Annex III – section 2 – row 4
Annex III – section 2 – row 4
Amendment 595 #
Proposal for a regulation
Annex III – section 2 – row 4
Annex III – section 2 – row 4
Amendment 600 #
(11) Refrigerators -that contain HFCs with GWP of 2 500 or more. 1 January and freezers 2020 Stationary 1 January refrigerators -that contain HFCs with GWP of 2 500 or more. for commercial 1 January use (self- 2020 and freezers for commercial -that contain HFCs with GWP of 150 or more. 1 January use 2022 contained(hermetically equipment)sealed -that contain other fluorinated greenhouse gases with 1 January equipment) GWP of 150 or more. (self-contained equipment). 2024
Amendment 608 #
Proposal for a regulation
Annex IV – point 12
Annex IV – point 12
(12) Ana) Any stationary self-contained refrigeration equipment (except chillers) that contains fluorinated greenhouse gases with GWP of 5 or 1 January more. 2025 b) Any transported refrigeration equipment that contains fluorinated 1 January greenhouse gases with GWP of 150 or more. more than 300. 2025 34
Amendment 615 #
Proposal for a regulation
Annex IV – point 14
Annex IV – point 14
(14) Stationary refrigeration equipment, that contains, or whose functioning relies upon, fluorinated greenhouse gases with GWP of 2 1 January 1500 or more except equipment intended for application designed to 2024 cool products to temperatures below – 50 °C.
Amendment 620 #
Proposal for a regulation
Annex IV – point 15
Annex IV – point 15
(15) Multipack centralizedStationary refrigeration systems for commercial use with a , power racks and/or refrigerated remote cabinets assembly with a total rated capacity of 410 kW or more that 1 January contain, or whose functioning relies upon, fluorinated greenhouse gases listed in Annex I with GWP of 150 or 1 January more, except in the primary refrigerant circuit of cascade systems where 2022 fluorinated greenhouse gases with a GWP of less than 1 500 may be used. 2024 with GWP of 5 or more, except chillers.
Amendment 632 #
Proposal for a regulation
Annex IV – point 17
Annex IV – point 17
(17) Plug-in room and other self-contained air-conditioning and heat pump 1 January equipment that contain fluorinated greenhouse gases with GWP of 150 20258 or more.
Amendment 640 #
Proposal for a regulation
Annex IV – point 18
Annex IV – point 18
(18) Stationary split air-conditioning and split heat pump equipment : (a) Single split air-to-air systems containing less than 3 kg of fluorinated greenhouse 1 January greenhouse gases listed in Annex I, that contain, or whose functioning relies upon, 2025 relies upon, fluorinated greenhouse gases listed in Annex I with GWP of 750 or more; (b) Split systems of a rated capacity of up to and including 12 kW Other split equipment containing, or whose functioning relies upon, fluorinated greenhouse gases with GWP of 1750 or more, except when required to meet safety standards; ; 1 January 2027 9 (c) Split systems of a rated capacity of more than 12 kW containing, or whose functioning relies upon, fluorinated greenhouse gases with GWP of 750 or more, except when required to meet safety standards. Deleted
Amendment 654 #
Proposal for a regulation
Annex IV – point 23
Annex IV – point 23
Amendment 660 #
Proposal for a regulation
Annex IV – point 2 a (new)
Annex IV – point 2 a (new)
(2a) Until 1 January 2045 for high voltage switchgears and until 1 January 2038 for medium voltage, the prohibitions on placing on the market set out in point 23 shall not apply to the spare parts necessary for the maintenance and repair of equipment already installed and to the extensions of the already installed gas- insulated switchgear.
Amendment 668 #
Proposal for a regulation
Annex VI – title
Annex VI – title
Method of calculating the total GWP of a mixture referred to in Article 3(12)
Amendment 669 #
Proposal for a regulation
Annex VI – paragraph 6 - note
Annex VI – paragraph 6 - note
Note: For ‘other foams’, which related to polyurethane foam and others, referred to under row 19 of Annex IV, the ‘mixture’ must be understood as the mixture of blowing agents excluding substances listed under Annex I.
Amendment 675 #
Proposal for a regulation
Annex VII – point 1
Annex VII – point 1
Maximum Quantity Years in tonnes CO2 equivalent 2024 – 2026 41 701 077 2027 – 2029 17 688 36029 694 719 2030 – 2032 9 132 09717 688 360 2033 – 2035 8 445 7139 132 097 2036 – 2038 6 782 2658 445 713 2039 – 2041 6 136 732782 265 2042 – 2044 5 491 199 2045 – 2047 4 845 666 2048 onwards 4 200 133 3 621 953