31 Amendments of Jacqueline FOSTER related to 2012/0305(COD)
Amendment 90 #
Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 1
Article 13 – paragraph 2 – subparagraph 1
This Article shall not apply to the following: (a) hydrofluorocarbons imported into the Union to be destroyedfor destruction; (b) hydrofluorocarbons supplied for direct export outside the Union; (c) hydrofluorocarbons supplied for use in feedstock applications; (d) hydrofluorocarbons supplied for repackaging and subsequent export outside the Union; (e) hydrofluorocarbons produced or imported into the Union for use in medical applications.
Amendment 119 #
Proposal for a regulation
Article 2 – paragraph 4 – introductory part
Article 2 – paragraph 4 – introductory part
4. Persons and undertakings carrying out the following tasks shall be certified in accordance with Article 8:carrying out the tasks referred to in Article 8(1), shall be certified in accordance with Article 8 and shall take precautionary measures to prevent leakage of fluorinated greenhouse gases.
Amendment 121 #
Proposal for a regulation
Article 2 – paragraph 4 – subparagraph 1 – point a
Article 2 – paragraph 4 – subparagraph 1 – point a
Amendment 123 #
Proposal for a regulation
Article 2 – paragraph 4 – subparagraph 1 – point b
Article 2 – paragraph 4 – subparagraph 1 – point b
Amendment 124 #
Proposal for a regulation
Article 2 – paragraph 4 – subparagraph 1 – point c
Article 2 – paragraph 4 – subparagraph 1 – point c
Amendment 129 #
Proposal for a regulation
Article 2 – paragraph 4 – subparagraph 1 – point d
Article 2 – paragraph 4 – subparagraph 1 – point d
Amendment 131 #
Proposal for a regulation
Article 2 – paragraph 4 – subparagraph 2
Article 2 – paragraph 4 – subparagraph 2
Amendment 158 #
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1
Article 5 – paragraph 2 – subparagraph 1
2. Unless the records referred to in paragraph 1 are registered in a database set up by the competent authorities of the Member States, the operators referred to in paragraph 1 shall keep the records untilfor at least twofive years after decommissioning the equipment.
Amendment 162 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
Those producers shall ensure that any trifluoromethane (HFC-23) produced as a by-product in significant quantities is destroyed as part of the manufacturing procesas part of the manufacturing process is destroyed in line with best available techniques.
Amendment 170 #
Proposal for a regulation
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
1. Member States shall establish training and certification programmes, including evaluation processes, and shall ensure that training is available for the following persons:
Amendment 172 #
Proposal for a regulation
Article 8 – paragraph 1 – point a
Article 8 – paragraph 1 – point a
(a) persons who install, service, maintain, repair or decommission of the equipment listed in the third subparagraph of Article 3(1);
Amendment 174 #
Proposal for a regulation
Article 8 – paragraph 1 – point b
Article 8 – paragraph 1 – point b
Amendment 178 #
Proposal for a regulation
Article 8 – paragraph 1 – point d a (new)
Article 8 – paragraph 1 – point d a (new)
Amendment 180 #
Proposal for a regulation
Article 8 – paragraph 2 – introductory part
Article 8 – paragraph 2 – introductory part
2. The training programmescertification programmes and training provided for in paragraph 1 shall cover the following:
Amendment 182 #
Proposal for a regulation
Article 8 – paragraph 2 – point e
Article 8 – paragraph 2 – point e
Amendment 183 #
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Certificates under the certification programmes provided for in paragraph 1 shall be issued on condition of the applicant having completed a training programmesuccessfully completed an evaluation process established in accordance with paragraphs 1 and 2.
Amendment 187 #
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. Member States shall establish certification programmes for undertakings carrying out the activities mentioned in paragraph 1, points (a) to (dc), for other parties.
Amendment 189 #
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
5. The certificates provided for in paragraphs 1 and- 3 shall be valid for a maximum of 5 years. Member States may prolong the validity of the certificates provided for in paragraph 1 when the person concerned is undergoing a compulsory periodic training every five years to update the knowledgecontain at least the following: (a) the name of the certification body, the full name of the holder, a certificate number, and the date of expiry if any; (b) the activities which the holder onf the subjects referred to in paragraph 2certificate is entitled to perform; (c) issuing date and issuer's signature.
Amendment 199 #
Proposal for a regulation
Article 8 – paragraph 6
Article 8 – paragraph 6
6. Member States shall notify the Commission of their training and certification programmes by 1 January 20157. They shall recognise certificates issued in another Member State. They shall not restrict the freedom to provide services or the freedom of establishment because a certificate was issued in another Member State.
Amendment 202 #
Proposal for a regulation
Article 8 – paragraph 7
Article 8 – paragraph 7
7. The Commission shall be empowered to adopt delegated acts in accordance with Article 20 specifying minimum requirements for the training and certification provided for in paragraph 1 and specifying conditions for the mutual recognition of certificates.
Amendment 211 #
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. The Commission shall be empowered to adopt delegated acts may, following accordance with Article 20 amending the list set out in Annex III to include other products and equipment that contain fluorinated greenhouse gases with a global warming potential of 150 or more, or that rely on them to work, if it has been established that alternatives to the use of fluorinated greenhouse gases or to the use of specific types of fluorinated greenhouse gases are available, and their use would result in lower overall greenhouse gas emissions and to exclude, where appropriate for a specified period of time, certain categories of products or equipment for which alternative substances which fall below the specified global warming potential limit are not available for technical, economic or safety reasons request by a competent authority of a Member State, by means of implementing acts authorise a time-limited exemption to exclude certain categories of products or equipment listed in Annex III where alternative substances are not available or cannot be used for technical, economic or safety reasons. Those implementing acts shall be adopted in accordance with the examination procedure in Article 21.
Amendment 217 #
Proposal for a regulation
Article 9 – paragraph 3 a (new)
Article 9 – paragraph 3 a (new)
Amendment 226 #
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. The use of fluorinated greenhouse gases, or of mixtures that contain fluorinated greenhouse gases, with a global warming potential of 2500 or more, to service or maintain refrigeration equipment with a charge size equivalent to 540 tonnes of CO2 or more, shall be prohibited from 1 January 2020. For the purpose of this provision, the global warming potential of mixtures that contain fluorinated greenhouse gases shall be calculated pursuant to Annex IV. This provision shall not apply to equipment intended for applications < - 50°C or equipment converted to use F gases with a GWP above 2500 to meet commitments under the Ozone Depleting Substances Regulations. Until 1 January 2025, this provision shall not apply to reclaimed fluorinated greenhouse gases with a global warming potential of 2500 or more used for the maintenance or servicing of existing refrigeration equipment, provided that they have been labelled in accordance with Article 10(5). Until 1 January 2025 this provision shall not apply to recycled fluorinated greenhouse gases with a global warming potential of 2500 or more used for the maintenance or servicing of existing refrigeration equipment provided they have been recovered from such equipment. Such recycled gases may only be used by the undertaking which carried out their recovery as part of maintenance or servicing or the undertaking for which the recovery was carried out as part of maintenance or servicing.
Amendment 249 #
Proposal for a regulation
Article 11 – paragraph 3 a (new)
Article 11 – paragraph 3 a (new)
3a. This Regulation shall not apply to medical applications which are of critical use, where no suitable alternative exists, or where such alternatives cannot be used for technical, economic or safety reasons
Amendment 266 #
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. This Article shall not apply to the following: (a) hydrofluorocarbons imported into the Union to befor destroyed. It shall not apply to producers or importers of less than 1 000 tonnes of CO2 equivalent of hydrofluorocarbons per yearuction; (b) hydrofluorocarbons supplied for direct export outside the Union; (c) hydrofluorocarbons supplied for use in feedstock applications; (d) hydrofluorocarbons supplied for repackaging and subsequent export outside the Union; (e) hydrofluorocarbons produced or imported into the Union for use in medical applications.
Amendment 274 #
Proposal for a regulation
Article 13 – paragraph 4
Article 13 – paragraph 4
4. The Commission shall be empowered to adopt delegated acts inmay, following a request by ac cordance with Article 20 (a) amending the maximum quantities set out in Annex V in the light of developments of the market in hydrofluorocarbons and related emissions; and (b) exempting the placing on the market for specific uses from the quota requirement laid down in paragraph 1mpetent authority of a Member State, by means of implementing acts authorise a time-limited exemption to exclude from the quota requirement laid down in Article 1 certain categories of products or equipment listed in Annex III where the use of hydrofluorocarbons is necessary for health orand safety reasons and a sufficient supply would not otherwise not be ensured. Those implementing acts shall be adopted in accordance with the examination procedure in Article 21.
Amendment 297 #
Proposal for a regulation
Article 18
Article 18
Amendment 305 #
Proposal for a regulation
Article 19 – paragraph 3 – subparagraph 1
Article 19 – paragraph 3 – subparagraph 1
3. On the basis of information on the placing on the market reported in accordance with Article 17 and on emissions of fluorinated greenhouse gases made available in accordance with Article 18(2), the Commission shall monitor the application and effects of this Regulation.
Amendment 312 #
Proposal for a regulation
Article 19 – paragraph 3 – subparagraph 3 a (new)
Article 19 – paragraph 3 – subparagraph 3 a (new)
By 31 December 2020, the Commission shall publish a report on the availability of hydrofluorocarbons on the Union market and shall be empowered to adopt delegated acts in accordance with Article 20 amending the maximum quantities set out in Annex V in the light of developments of the market in hydrofluorocarbons and related emissions;
Amendment 317 #
Proposal for a regulation
Article 23 – paragraph 1 a (new)
Article 23 – paragraph 1 a (new)
However, Commission Regulations 1497/2007, 1516/2007, 303/2008, 304/2008, 305/2008, 306/2008, 307/2008 and 3084/2008 shall remain in force and continue to apply unless and until repealed by Commission [delegated or ] implementing acts adopted pursuant to this Regulation.
Amendment 318 #
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
References to the repealed Regulation 842/2006 shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex VIII.