24 Amendments of Michal WIEZIK related to 2022/0099(COD)
Amendment 147 #
Proposal for a regulation
Recital 13
Recital 13
(13) Where suitable alternatives to the use of specific fluorinated greenhouse gases are available, bans should be introduced on the placing on the market of new equipment for refrigeration, air- conditioning and fire protection that contains fluorinated greenhouse gases or whose functioning relies upon those gases. Where alternatives are not available or cannot be used for technical or safety reasons, or where the use of such alternatives would entail disproportionate costs, it should be possible for the Commission to authorise an exemption to allow the placing on the market of such products and equipment for a limited period. In order to ensure coherence with the communication of the Commission of 14 October 2020 entitled ‘Chemicals Strategy for Sustainability - Towards a Toxic-Free Environment’ and with the comprehensive set of actions proposed to address the use of and contamination with per and polyfluoroalkoxy alkyl substances (PFAS), this Regulation should prevent regrettable substitution, inter alia, by not leading to the use of PFAS or gases that can degrade to PFAS.
Amendment 167 #
(20) Considering the market value of the allocated quota, it is appropriate to claim a price for its allocation. This avoids a further fragmentation of the market to the detriment of those undertakings that are in need of the HFC supply and already dependent on HFC trade in the declining market. It is assumed that undertakings that decide not to claim and pay any quota, for which they would be entitled in the year(s) prior to the calculation of reference values, have decided to leave the market and thus they do not get a new reference value. The revenue should be used to cover administrative costs, enforcement efforts of the Member states, training and other measures to prevent illegal HFC trade and to ensure uptake of safe alternatives.
Amendment 174 #
Proposal for a regulation
Recital 28 a (new)
Recital 28 a (new)
(28 a) The European Union should in line with its aim to lead the global effort to tackle climate change and with its promises to not to export its environmental footprint outside its borders, particularly to developing states without sufficient infrastructure, limit the export of the most potent hydrofluorocarbons. The limit would furthermore incentivise European production of sustainable and safe alternatives.
Amendment 182 #
Proposal for a regulation
Recital 37 a (new)
Recital 37 a (new)
(37 a) The Commission’s 2020 Communication on “Improving access to justice in environmental matters in the EU and its Member States” of 14 October 2020 underlined the need to include provisions on access to justice in the new legislative proposals or revised EU law concerning environmental matters. This Regulation includes provisions on access to justice to ensure equal conditions for access to justice in the member States in line with the Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (the “Aarhus Convention”).
Amendment 183 #
Proposal for a regulation
Recital 39
Recital 39
(39) In implementing this Regulation, tThe Commission should establish a so- called Consultation Forum to ensure a balanced participation of Member States’ representatives and representatives of civil society, including environmentalfacilitate the implementation of this Regulation. The Consultation Forum shall ensure a balanced participation of Member States’ representatives and of all relevant stakeholders including representatives of environmental organisations, patient associations and healthcare professionals' organisations, representatives of manufacturers, operators and certified persons.
Amendment 197 #
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Regulation applies to the fluorinated greenhouse gases listed in Annexes I, II and III, whether alone or in a mixture.
Amendment 199 #
Proposal for a regulation
Article 3 – paragraph 1 – point 3 a (new)
Article 3 – paragraph 1 – point 3 a (new)
(3 a) 'Fluorinated greenhouse gas' means the hydrofluorocarbons, perfluorocarbons, sulphur hexafluoride and other greenhouse gases that contain fluorine, listed in Annex I, II and III or mixtures containing any of those substances;
Amendment 205 #
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 within the Union, for the first time, for payment or free of charge, the customs release for free circulation in the Union, including through internet, and the use of substances produced or the use of products or equipment manufactured for own use;
Amendment 332 #
Proposal for a regulation
Article 10 – paragraph 9
Article 10 – paragraph 9
9. The Commission mayshall, by means of implementing acts, determine the format of the notification referred to in paragraph 8. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 34(2).
Amendment 352 #
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 3
Article 11 – paragraph 1 – subparagraph 3
Amendment 382 #
Proposal for a regulation
Article 12 – paragraph 3 – subparagraph 1 – point c
Article 12 – paragraph 3 – subparagraph 1 – point c
(c) from 1 January 2017, the quantity expressed in weight and in CO2 equivalent of fluorinated greenhouse gases contained in the product or equipment, or the quantity of fluorinated greenhouse gases for which the equipment is designed, and the global warming potential of those gases including on a 100- and 20-year timescale.
Amendment 459 #
Proposal for a regulation
Article 16 a (new)
Article 16 a (new)
Article 16 a Restriction on the export of certain hydrofluorocarbons and of products and equipment containing those hydrofluorocarbons The export of fluorinated greenhouse gases listed in Annex I, Section 1, with a GWP of 2 500 or more, and of products and equipment containing those gases, shall be prohibited.
Amendment 478 #
Proposal for a regulation
Article 17 – paragraph 7
Article 17 – paragraph 7
7. The revenue generated from the quota allocation amount shall constitute external assigned revenue in accordance with Article 21(5) of Regulation (EU, Euratom) No 2018/1046. That revenue shall be assigned to the LIFE programme and to Heading 7 of the multiannual financial framework (European Public Administration), to cover the costs of external staff working on the management of the quota allocation, for enforcement efforts, including capacity building, support of uptake of safe alternatives, IT services, and licensing systems for the purpose of implementation of this Regulation and for ensuring compliance with the Protocol. Any revenue remaining after covering these costs shall be entered into the general budget of the Union.
Amendment 485 #
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. Refrigeration, air conditioning, meter dose inhalers and heat pump equipment charged with hydrofluorocarbons shall not be placed on the market unless hydrofluorocarbons charged into the equipment are accounted for within the quota system referred to in this Chapter.
Amendment 493 #
Proposal for a regulation
Article 20 – paragraph 4 – subparagraph 1 – introductory part
Article 20 – paragraph 4 – subparagraph 1 – introductory part
Undertakings shall have a valid registration in the F-gas Portal prior to the import or export of fluorinated greenhouse gases and products and equipment containing fluorinated greenhouse gases or whose functioning relies upon those gases except in cases of temporary storage and for the following activities:
Amendment 497 #
Proposal for a regulation
Article 20 – paragraph 4 – subparagraph 1 – point c
Article 20 – paragraph 4 – subparagraph 1 – point c
(c) supplying, or receiving hydrofluorocarbons for the purposes listed in points (a) to (ec) of Article 16(2);
Amendment 528 #
Proposal for a regulation
Article 29 – paragraph 5
Article 29 – paragraph 5
5. At the request of another Member State, a Member State mayshall conduct checks on undertakings suspected of being engaged in the illegal movement of the gases and products and equipment covered by this Regulation and which are operating on the territory of that Member State. The requesting Member State shall be informed about the result of the check.
Amendment 530 #
Proposal for a regulation
Article 30 a (new)
Article 30 a (new)
Article 30 a Access to justice 1. Member States shall ensure that, in accordance with their national law, members of the public concerned who meet the conditions set out in paragraph 2, including natural or legal persons or their associations, organisations or groups, have access to a review procedure a court of law, or another independent and impartial body established by law, to challenge the substantive or procedural legality of decisions, acts and omissions that fail to comply with the legal obligations provided for in this Regulation. For the purposes of this paragraph, an act or omission that fails to comply with legal obligations provided for in this Regulation includes an act or omission with respect to a measure adopted for the purposes of implementing those obligations, where that measure fails to make a sufficient contribution to such implementation. 2. Members of the public concerned shall be deemed to meet the conditions referred to in paragraph 1 where: (a) they have sufficient interest; or (b) they maintain impairment of a right, where administrative procedural law of a Member State requires that as a precondition. What constitutes a sufficient interest shall be determined by Member States consistently with the objective of giving the members of the public concerned wide access to justice and in conformity with the Aarhus Convention. To that end, the interest of any non-governmental organisation promoting environmental protection and meeting any requirements under national law shall be deemed to have sufficient interest for the purposes of this paragraph. 3. Paragraphs 1 and 2 shall not exclude the possibility of being able to have recourse to a preliminary review procedure before an administrative authority and shall not affect the requirement to exhaust administrative review procedures prior to having recourse to judicial review procedures, where such a requirement exists under national law. Any such procedure shall be fair, equitable, timely and not prohibitively expensive. 4. Member States shall ensure that practical information is made easily available to the public on access to administrative and judicial review procedures.
Amendment 537 #
Proposal for a regulation
Article 31 – paragraph 5 – subparagraph 1
Article 31 – paragraph 5 – subparagraph 1
In cases of unlawful production, import, export, placing on the market, or use of fluorinated greenhouse gases or of products and equipment containing those gases or whose functioning relies on those gases, Member States shall envisage maximum administrative fines of at least fivesix times the market value of the concerned gases or products and equipment concerned. In case of a repeated infringement within a five- year period, the Member States shall envisage maximum administrative fines of at least eightten times the value of the gases or products and equipment concerned.
Amendment 543 #
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
The Commission shall establish a Consultation Forum for providing advice and expertise in relation to the implementation of this Regulation. The Consultation Forum shall ensure a balanced participation of representatives of Member States and of all relevant stakeholders including environmental organisations, patient associations and healthcare professionals organisations, representative of manufacturers, operators and certified persons. The rules of procedure of the Consultation Forum shall be established by the Commission and shall be published.
Amendment 548 #
Proposal for a regulation
Article 35 – paragraph 1 a (new)
Article 35 – paragraph 1 a (new)
The Commission is empowered to adopt delegated acts in accordance with Article 32 to introduce in Annexes I, II or III to this Regulation fluorinated greenhouse gases not listed in Annexes I, II or III to this Regulation, where it has evidence regarding their placing on the market.
Amendment 551 #
Proposal for a regulation
Article 35 – paragraph 2
Article 35 – paragraph 2
By 1 January 2033, the Commission shall publish a report on the implementation of this Regulation, including an assessment of developments and use of low GWP alternatives. The Commission shall, where appropriate, provided that it possess sufficient evidence regarding development and use of low GWP alternatives in products and equipment placed on the market, strengthen the prohibitions on the placing on the market of high GWP fluorinated greenhouse gases in the products or equipment concerned.
Amendment 564 #
(d) for the period 1 January 2036 and thereafteruntil 31 December 2038, 15% % of the annual average of its production in 2011-2013.
Amendment 565 #
Proposal for a regulation
Annex V – paragraph 1 – point d a (new)
Annex V – paragraph 1 – point d a (new)
(d a) for the period 1 January 2039 and thereafter maximum 2,8 % of the annual average of its production in 2011-2013 and following a downward trend, with 0% after 31 December 2049.