2022/0100(COD) Ozone depleting substances
Lead committee dossier:
Progress: Procedure completed
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Lead | ENVI |
POLFJÄRD Jessica ( EPP)
|
PLUMB Rovana ( S&D),
KNOTEK Ondřej ( Renew),
HOLMGREN Pär ( Verts/ALE),
ZALEWSKA Anna ( ECR),
HAZEKAMP Anja ( GUE/NGL)
|
| Committee Opinion | JURI |
Lead committee dossier:
Legal Basis:
TFEU 192-p1
Legal Basis:
TFEU 192-p1Events
2024/02/20
Final act published in Official Journal
2024/02/07
CSL - Draft final act
Documents
2024/02/07
CSL - Final act signed
2024/01/29
EP/CSL - Act adopted by Council after Parliament's 1st reading
2024/01/16
EP - Decision by Parliament, 1st reading
Details
The European Parliament adopted by 538 votes to 8, with 13 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council on substances that deplete the ozone layer and repealing Regulation (EC) No 1005/2009.
The European Parliament's position adopted at first reading under the ordinary legislative procedure amends the Commission's proposal as follows:
Subject matter
The proposed regulation lays down rules on the production, import, export, placing on the market, storage and subsequent supply of ozone-depleting substances, as well as on their use, recovery, recycling, reclamation and destruction, and on the reporting of information related to those substances and on the import, export, placing on the market, subsequent supply and use of products and equipment containing ozone-depleting substances or whose functioning relies upon those substances.
Exemptions to ozone depleted substance prohibitions
The ozone depleted substances are prohibited in almost all cases, with only strictly limited exemptions. By way of derogation, ozone-depleting substances listed in Annex I may be produced, placed on the market and subsequently supplied or made available to another person within the Union for payment or free of charge in order to be used as feedstock .
The Commission should be tasked with regularly updating a list ozone-depleting substances the use of which as feedstock is banned. An assessment of the availability of alternatives for feedstock is to be primarily done at international level, under the Montreal Protocol.
Where no technical assessments of available alternatives to existing feedstock uses and of emission levels of existing feedstock uses carried out under the Protocol are available that provide a sufficient basis for taking a decision whether to prohibit a feedstock use, the Commission should, by 31 December 2027, make its own assessment .
The text should also allow, under strict conditions, ozone-depleting substances used as process agents, in laboratories and for fire protection in special applications such as military equipment and airplanes.
The regulation extends the requirement to recover ozone-depleting substances for destruction, recycling or reclamation . The requirement should cover refrigeration, air conditioning and heat pump equipment, equipment containing solvents, fire protection systems and fire extinguishers and other equipment if technically and economically feasible.
Declaration of conformity
The amended text stipulated that undertakings which place on the market refillable containers for ozone-depleting substances should produce a declaration of conformity that includes evidence confirming that there are binding arrangements in place for the return of those containers for the purpose of refilling, in particular identifying the relevant actors, their obligatory commitments and the relevant logistical arrangements. Those arrangements should be made binding on the distributors of the refillable containers for ozone-depleting substances to the end-user.
The undertakings should keep the declaration of conformity for a period of at least 5 years from the placing on the market of the refillable containers for ozone-depleting substances and should make that declaration available, upon request, to the competent authority of the Member State concerned or to the Commission.
Undertakings that produce, including as by-production or side-production, place on the market, supply to another person in the Union or receive from another person in the Union ozone-depleting substances intended for use as feedstock, as process agents or intended to be destroyed or reclaimed, as well as undertakings that destroy or reclaim those substances or use those substances as feedstock or as process agents, should keep records containing information for each ozone-depleting substance.
The undertakings should keep the records for at least 5 years after production, placing on the market, supply or receipt.
Recovery and destruction of used ozone-depleting substances
From 1 January 2025, building owners and contractors shall ensure that, during renovation, refurbishing or demolition activities implying the removal of foam panels that contain foams with ozone-depleting substances, emissions are avoided to the extent possible by handling the foams or the substances contained therein in a way that ensures the destruction of those substances. In the case of recovery of those substances, the recovery should be carried out only by appropriately qualified natural persons.
Release of ozone-depleting substances and leak checks
The amended text stipulates that operators of refrigeration and air conditioning equipment or heat pumps, or fire protection systems, including their circuits, which contain ozone-depleting substances listed in Annex I should ensure that stationary equipment or systems with a fluid charge of:
- 3 kg or more but less than 30 kg of ozone-depleting substances are checked for leaks at least once every 12 months, with the exception of equipment with hermetically sealed systems which are labelled as such and contain less than 6 kg of ozone-depleting substances listed in Annex I;
- 30 kg or more but less than 300 kg of ozone-depleting substances are checked for leaks at least once every 6 months;
- 300 kg or more of ozone-depleting substances are checked for leaks at least once every 3 months.
Penalties
Before 1 January 2026, Member States should notify the Commission of those rules and of those measures and should notify it, without delay, of any subsequent amendment affecting them. The penalties should be effective, proportionate and dissuasive , and should be determined while having due regard to the human population or the environment affected by the infringement.
The penalties should include: (i) administrative financial penalties; (ii) confiscation or seizure, or withdrawal or removal from the market, or taking possession by the competent authorities of Member States of illegally obtained goods; (iii) temporary prohibition from using, producing, importing, exporting or placing on the market the ozone- depleting substances or products and equipment containing ozone-depleting substances or whose functioning relies upon them, in the event of a serious infringement or of repeated infringements .
The maximum amount of the administrative financial penalty should be at least five times the market value of the ozone-depleting substances or products and equipment concerned. Where such infringements are repeated within a five-year period, the maximum amount of the administrative financial penalty should be at least eight times the market value of the ozone-depleting substances or products and equipment concerned.
Review
By 1 January 2030, the Commission should publish a report on the effects of this Regulation. The report should include an assessment of the availability of alternatives to ozone-depleting substances for uses regulated.
Documents
2024/01/15
EP - Debate in Parliament
Documents
2023/10/25
EP - Text agreed during interinstitutional negotiations
Documents
2023/10/24
EP - Approval in committee of the text agreed at 1st reading interinstitutional negotiations
Documents
2023/10/18
CSL - Coreper letter confirming interinstitutional agreement
Documents
2023/03/30
EP - Results of vote in Parliament
Documents
2023/03/30
EP - Decision by Parliament, 1st reading
Details
The European Parliament adopted by 553 votes to 10, with 20 abstentions, amendments to the proposal for a regulation of the European Parliament and of the Council on substances that deplete the ozone layer and repealing Regulation (EC) No 1005/2009.
The matter was referred back to the committee responsible for inter-institutional negotiations.
New initiatives needed
Members recalled that according to the European Environment Agency, the 2021 ozone hole was one of the largest and deepest in recent years and was larger than the average over the last five and ten years. The recovery of the ozone layer is predicted to remain very precarious and will not be restored to its pre-1980 concentration until the middle of the 21st century.
To avoid the risk of further delays in the recovery of the ozone layer, it is necessary to ensure that existing obligations are fully implemented and that more action is taken.
Exemptions from bans
By way of derogation, the ozone-depleting substances listed in Annex I may be produced, placed on the market and subsequently supplied or made available to another person within the Union for payment or free of charge only where they are permitted to be used as feedstock .
Members suggested the following:
- the Commission should by 12 months after the date of entry into force of this Regulation, adopt delegated acts in accordance with Article 29 to supplement this Regulation by establishing a list of ozone depleting substances listed in Annex I for which the use as feedstock is permitted, the respective feedstock uses for each of those substances, and their emission level;
- by 1 January 2025 and every 2.5 years thereafter, the Commission should assess the current and future availability of alternatives to ozone depleting substances listed in Annex I for which the use as feedstock is permitted within the Union, taking into account scientific recommendations, the impacts in terms of ozone-depleting potential and the availability of more precise data on the greenhouse gas emissions from feedstock, technological developments resulting in the availability of technically feasible alternatives, and the energy use, efficiency, economic feasibility and cost of those alternatives;
- ozone depleting substances that are produced, placed on the market, and subsequently supplied or made available, whether in return for payment or free of charge, to another person within the Union for use as feedstock, may only be used for that purpose . Containers containing ozone depleting substances intended for such uses should be labelled with a clear indication that the substance may only be used for the applicable purpose.
Declaration of conformity
Members also stated that undertakings which place on the market refillable containers for ozone depleting substances should produce a declaration of conformity that includes evidence confirming the arrangements in place for the return of that container for the purpose of refilling. Those arrangements should contain binding obligations for compliance by the supplier of those containers to end-users.
The undertakings should keep the declaration of conformity for a period of at least 5 years after the placing on the market of refillable containers and shall make it available, on request, to the competent authorities of the Member States.
Labels on containers
Members believe that labels on containers of ozone-depleting substances should mention the warming potential of these substances. Where available, that information should include the global warming potential expressed both on a 100-year and 20-year timescale , to increase awareness about the short-term high global warming potential of some ozone depleting substances.
Release of ozone depleting substances and leakage checks
The amended text stipulated that undertakings operating refrigeration, air conditioning or heat pump equipment, or fire protection systems, including their circuits, which contain ozone depleting substances should ensure that the stationary equipment or systems with a fluid charge of:
(a) 3 kg or more of ozone depleting substances are checked for leakage at least once every 12 months; this should not apply to equipment with hermetically sealed systems, which are labelled as such and contain less than 6 kg of controlled substances;
(b) 30 kg or more of ozone depleting substances are checked for leakage at least once every 6 months;
(c) 300 kg or more of ozone depleting substances are checked for leakage at least once every 3 months; and any detected leakage is repaired as soon as possible and in any event within 14 days; the equipment or system should be checked for leakage within 1 month after a leak has been repaired to ensure that the repair has been effective.
Penalties
In cases of unlawful production, import, export, placing on the market, or use of ozone depleting substances listed in Annex I or of products and equipment containing those substances or whose functioning relies upon those substances, Member States should envisage set out minimum administrative fines of at least four times the market value of the ozone depleting substances or products and equipment concerned and maximum administrative fines of at least six times the market value of the concerned substances or products and equipment concerned.
Members also consider it necessary to ensure that adequate arrangements are in place to enable whistle-blowers to alert the competent authorities to actual or potential infringements of this Regulation and to protect whistle-blowers from retaliation.
Fair transition
The text stressed that the shift towards the use of alternatives to ozone depleting substances will spur green innovation and employment. Member States should however ensure a fair and just transition, leaving no one behind, for the personnel employed by undertakings which do not succeed in the transition to such alternatives.
Review
By 1 January 2030, the Commission should present a report to the European Parliament and to the Council on the implementation and effectiveness of this Regulation. The Commission should assess in particular the availability of alternatives to ozone depleting substances for which a derogation is granted under the Regulation. The Commission should also assess the impact of this Regulation on the fight against the illegal trade of ozone depleting substances.
The European Scientific Advisory Board on Climate Change established under Regulation (EC) No 401/2009 may, on its own initiative, provide scientific advice and issue reports regarding this Regulation.
Documents
2023/03/30
EP - Matter referred back to the committee responsible
2023/03/29
EP - Debate in Parliament
Documents
2023/03/07
EP - Committee report tabled for plenary, 1st reading
Details
The Committee on the Environment, Public Health and Food Safety adopted the report by Jessica POLFJÄRD (EPP, SE) on the proposal for a regulation of the European Parliament and of the Council on substances that deplete the ozone layer and repealing Regulation (EC) No 1005/2009.
The committee responsible recommended that the European Parliament's position adopted at first reading under the ordinary legislative procedure should amend the proposal as follows:
Subject matter
Members clarify that this Regulation lays down rules on the production, import, export, placing on the market, storage and further supply as well as use, recovery, recycling, reclamation and destruction of ozone depleting substances, on the reporting of information related to those substances and on the import, export, placing on the market, further supply and utilisation of products and equipment containing ozone depleting substances or whose functioning relies upon on those substances.
It should also apply to products and equipment, and parts thereof, containing ozone depleting substances or whose functioning relies partly or entirely on those substances.
Feedstock
The report includes additions and clarifications on feedstocks. It suggested that:
- the Commission should by 12 months after the date of entry into force of this Regulation, adopt delegated acts to supplement this Regulation by establishing a list of ozone depleting substances listed in Annex I for which the use as feedstock is permitted, the respective feedstock uses
for each of those substances, and their emission level;
- by 1 January 2025 and every 2.5 years thereafter, the Commission should assess the current and future availability of alternatives to ozone depleting substances listed in Annex I for which the use as feedstock is permitted within the Union, taking into account scientific recommendations, the impacts in terms of ozone-depleting potential and the availability of more precise data on the greenhouse gas emissions from feedstock, technological developments resulting in the availability of technically feasible alternatives, and the energy use,
efficiency, economic feasibility and cost of those alternatives;
- containers containing ozone depleting substances intended for such uses should be labelled with a clear indication that the substance may only be used for the applicable purpose.
Declaration of conformity
Members also stated that undertakings which place on the market refillable containers for ozone depleting substances should produce a declaration of conformity that includes evidence confirming the arrangements in place for the return of that container for the purpose of refilling. Those arrangements should contain binding obligations for compliance by the supplier of those containers to end-users.
Release of ozone depleting substances and leakage checks
The report stressed that undertakings operating refrigeration, air conditioning or heat pump equipment, or fire protection systems, including their circuits, which contain ozone depleting substances should ensure that the stationary equipment or systems with a fluid charge of:
(a) 3 kg or more of ozone depleting substances are checked for leakage at least once every 12 months; this should not apply to equipment with hermetically sealed systems, which are labelled as such and contain less than 6 kg of controlled substances;
(b) 30 kg or more of ozone depleting substances are checked for leakage at least once every 6 months;
(c) 300 kg or more of ozone depleting substances are checked for leakage at least once every 3 months; and any detected leakage is repaired as soon as possible and in any event within 14 days; the equipment or system should be checked for leakage within 1 month after a leak has been repaired to ensure that the repair has been effective.
Penalties
In cases of unlawful production, import, export, placing on the market, or use of ozone depleting substances listed in Annex I or of products and equipment containing those substances or whose functioning relies upon those substances, Member States should envisage set out minimum administrative fines of at least four times the market value of the ozone depleting substances or products and equipment concerned and maximum administrative fines of at least six times the market value of the concerned substances or products and equipment concerned.
Review
By 1 January 2030, the Commission should present a report to the European Parliament and to the Council on the implementation and effectiveness of this Regulation. The Commission should assess in particular the availability of alternatives to ozone depleting substances for which a derogation is granted under the Regulation. The Commission should also assess the impact of this Regulation on the fight against the illegal trade of ozone depleting substances.
Documents
2023/03/01
EP - Vote in committee, 1st reading
2022/11/16
EP - Amendments tabled in committee
Documents
2022/10/06
EP - Committee draft report
Documents
2022/07/13
CZ_SENATE - Contribution
Documents
2022/07/07
RO_SENATE - Contribution
Documents
2022/06/24
EP - POLFJÄRD Jessica (EPP) appointed as rapporteur in ENVI
2022/06/15
ESC - Economic and Social Committee: opinion, report
Documents
2022/05/02
EP - Committee referral announced in Parliament, 1st reading
2022/04/06
EC - Document attached to the procedure
Documents
2022/04/06
EC - Document attached to the procedure
Documents
2022/04/06
EC - Document attached to the procedure
Documents
2022/04/06
EC - Document attached to the procedure
Documents
2022/04/05
EC - Legislative proposal published
Details
PURPOSE: to introduce new measures on substances that deplete the ozone layer to achieve a higher level of additional emission reductions and to align them with the European Green Deal.
PROPOSED ACT: Regulation of the European Parliament.
ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.
BACKGROUND: due to global action taken against ozone depletion through the adoption of the Montreal Protocol on Substances that Deplete the Ozone Layer in 1987 (the Protocol), the ozone hole is on the way to recovery, provided that compliance with existing measures is ensured and any new challenges are swiftly addressed. Most ozone depleting substances have high global warming potential and are contributory factors towards increasing the temperature of the planet.
Regulation (EC) No 1005/2009 on substances that deplete the ozone layer (ODS Regulation) is the main instrument targeting ozone-depleting substances in the EU. While the ODS Regulation is still considered generally fit for purpose, it has been suggested that it could be better aligned with the European Green Deal and its design could be slightly improved.
A significant focus of the proposal is on increasing efficiency of the existing measures, rather than creating new ones. Therefore, by introducing new measures targeting products in which ODS were legally used in the past, the EU wants to prevent the equivalent of 180 million tonnes of CO2 and 32 000 tonnes of ozone depleting potential (ODP) emissions by 2050 .
This proposed Regulation has many similarities with the proposed Regulation on fluorinated greenhouse gas which is being revised in parallel. These two Regulations must jointly ensure that the Union complies with its obligations relating to hydrofluorocarbons and ozone depleting substances under the Montreal Protocol.
PURPOSE: the draft Regulation proposed by the Commission lays down rules on the production, import, export, placing on the market, further supply as well as use, recovery, recycling, reclamation and destruction of ozone depleting substances, on the reporting of information related to those substances and on the import, export, placing on the market, further supply and use of products and equipment containing ozone depleting substances or whose functioning relies upon on those substances.
It should apply to the ozone depleting substances listed in Annexes I and II and their isomers, whether alone or in a mixture and to products and equipment, and parts thereof, containing ozone depleting substances or whose functioning relies upon those substances.
More specifically, the proposal:
- maintains the current control system envisaged under the ODS Regulation, namely the general prohibitions on production, use and trade of ODS and products and equipment using ODS, and the applicable exemptions on a few uses where alternatives are not yet available (feedstock, process agents, essential analytical and laboratory uses);
- ensures the necessary alignments with more recent EU legislation , in particular Regulation (EU) No 517/2014 on fluorinated greenhouse gases. To ensure consistency with this Regulation, importers and producers must provide eviden ce of destruction or recovery for subsequent use of trifluoromethane produced as a by-product in the production of ODS. The proposal also clarifies that, in general, the entry in the territory of non-refillable containers is prohibited, thus under any customs procedures;
- modernises the licensing system set out in the ODS Regulation to take into account its interconnection with the European Single Window Environment for Customs, which will allow for automatic customs controls per shipment. In this setup, importers and exporters of ozone depleting substances and products using such substances will only need to apply for ‘traders’ licenses , instead of per shipment licenses, since the European Single Window Environment for Customs, enables real-time checks on each shipment automatically. Industry and authorities would benefit from cost savings due to a modernised licensing system and the end of obsolete quota and registration requirements;
- clarifies the role of customs authorities and, where relevant, of market surveillance authorities, in implementing the prohibitions and restrictions set out in the proposed Regulation and strengthens their powers to prevent illegal trade of ODS ;
- requires the recovery or destruction of ODS contained in certain types of foams used as isolation materials in building, from construction and demolition. The destruction of halons is prohibited under the proposal to ensure that, where possible, it is recovered and re-used thereby preventing the need for future production of halon for critical uses. The leakage obligations set out the ODS Regulation have been simplified taking into account the prohibition to use ODS to refill products and equipment except for the use of halons in fire protection systems for critical uses;
- improves enforcement and monitoring : measures would be introduced to tackle illegal activities, similar to those proposed in the F-gases Regulation. The scope of reporting would be extended to a wider range of substances and activities to better understand residual ODS trade, emissions and future risks;
- establishes that the level and type of administrative penalties for infringements of the Regulation must be effective, dissuasive and proportionate and should also take into account relevant criteria (such as the nature and gravity of the infringement).
Documents
Documents
- Final act published in Official Journal: Regulation 2024/590
- Final act published in Official Journal: OJ L 000 20.02.2024, p. 0000
- Draft final act: 00061/2023/LEX
- Decision by Parliament, 1st reading: T9-0001/2024
- Debate in Parliament: Debate in Parliament
- Text agreed during interinstitutional negotiations: PE754.933
- Approval in committee of the text agreed at 1st reading interinstitutional negotiations: PE754.933
- Coreper letter confirming interinstitutional agreement: GEDA/A/(2023)006132
- Results of vote in Parliament: Results of vote in Parliament
- Decision by Parliament, 1st reading: T9-0093/2023
- Debate in Parliament: Debate in Parliament
- Committee report tabled for plenary, 1st reading: A9-0050/2023
- Amendments tabled in committee: PE738.632
- Committee draft report: PE737.214
- Contribution: COM(2022)0151
- Contribution: COM(2022)0151
- Economic and Social Committee: opinion, report: CES1947/2022
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SEC(2022)0157
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2022)0098
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2022)0099
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2022)0100
- Legislative proposal published: COM(2022)0151
- Legislative proposal published: EUR-Lex
- Document attached to the procedure: EUR-Lex SEC(2022)0157
- Document attached to the procedure: EUR-Lex SWD(2022)0098
- Document attached to the procedure: EUR-Lex SWD(2022)0099
- Document attached to the procedure: EUR-Lex SWD(2022)0100
- Economic and Social Committee: opinion, report: CES1947/2022
- Committee draft report: PE737.214
- Amendments tabled in committee: PE738.632
- Coreper letter confirming interinstitutional agreement: GEDA/A/(2023)006132
- Text agreed during interinstitutional negotiations: PE754.933
- Draft final act: 00061/2023/LEX
- Contribution: COM(2022)0151
- Contribution: COM(2022)0151
Activities
- Angel DZHAMBAZKI
Plenary Speeches (1)
- Clare DALY
Plenary Speeches (1)
Votes
Substances appauvrissant la couche d’ozone - Ozone depleting substances - Stoffe, die zum Abbau der Ozonschicht führen - A9-0050/2023 - Jessica Polfjärd - Proposition de la Commission #
2023/03/30 Outcome: +: 553, 0: 20, -: 10
PPE
ID
The Left
NIA9-0050/2023 – Jessica Polfjärd – Provisional agreement – Am 74 #
2024/01/16 Outcome: +: 538, 0: 13, -: 8
| Amendments | Dossier |
| 174 |
2022/0100(COD)
2022/11/16
ENVI
174 amendments...
Amendment 10 #
Proposal for a regulation Recital 4 (4) Regulation (EC) No 1005/2009 of the European Parliament and of the Council18 ensures, inter alia, that the Union complies with the Protocol. The Commission in its evaluation of Regulation (EC) No 1005/200919 concluded that the control measures established under that Regulation remain, in general, fit-for- purpose, are efficient and have significantly contributed to the recovery of the stratospheric ozone layer and to reduce climate warming. __________________ 18 Regulation (EC) No 1005/2009 of the
Amendment 100 #
Proposal for a regulation Article 15 – paragraph 3 – subparagraph 3 b (new) Those records shall be kept for a minimum of five years and be made available to the Commission or competent authorities of the Member States concerned upon their request.
Amendment 101 #
Proposal for a regulation Article 15 – paragraph 3 – subparagraph 3 c (new) The Commission and the competent authorities of the Member States concerned shall ensure the confidentiality of that information.
Amendment 102 #
Proposal for a regulation Article 15 – paragraph 3 – subparagraph 3 d (new) The Commission may, by means of implementing acts, determine the format of records referred to in this paragraph. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 28(2).
Amendment 103 #
Proposal for a regulation Article 16 – paragraph 1 1. The Commission shall set up and ensure the operation of the electronic licensing system for ozone depleting substances listed in Annex I and Annex II and products and equipment containing those substances or whose functioning relies upon those substances ('the licensing system').
Amendment 104 #
Proposal for a regulation Article 16 – paragraph 1 1. The Commission shall set up and ensure the operation of the electronic licensing system for ozone depleting substances
Amendment 105 #
Proposal for a regulation Article 16 – paragraph 2 – subparagraph 2 Applications for licences shall be processed within
Amendment 106 #
Proposal for a regulation Article 16 – paragraph 5 5. Each undertaking that holds a licence shall, during the period of validity
Amendment 107 #
Proposal for a regulation Article 17 – paragraph 3 – introductory part 3. In cases of imports of ozone depleting substances listed in Annex I and of products and equipment containing those substances or whose functioning relies
Amendment 108 #
Proposal for a regulation Article 17 – paragraph 11 – subparagraph 1 Customs authorities shall confiscate or seize
Amendment 109 #
Proposal for a regulation Article 17 – paragraph 12 – subparagraph 1 Member States customs authorities shall designate or approve customs offices or other places and shall specify the route to those offices and places, in accordance with Articles 135 and 267 of Regulation (EU) No 952/2013, for the presentation to customs of ozone depleting substances listed in Annex I and of products and equipment containing those substances or whose functioning relies upon those substances at their entry into or at their exit from the customs territory of the Union. Those customs offices or places shall be sufficiently equipped with the storage and assessment facilities to carry out the relevant physical controls based on risk
Amendment 11 #
Proposal for a regulation Recital 5 (5) There is clear evidence of a
Amendment 110 #
Proposal for a regulation Article 17 – paragraph 12 – subparagraph 1 Member States customs authorities shall designate or approve customs offices or other places and shall specify the route to those offices and places, in accordance with Articles 135 and 267 of Regulation (EU) No 952/2013, for the presentation to customs of ozone depleting substances listed in Annex I and of products and equipment containing those substances or whose functioning relies upon those substances at their entry into or at their exit from the customs territory of the Union. Those customs offices or places shall be sufficiently equipped with the necessary human and material resources to carry out the relevant physical controls based on risk analysis, and shall be knowledgeable on matters related to the prevention of illegal activities under this Regulation.
Amendment 111 #
Proposal for a regulation Article 19 – paragraph 1 1. Import and export of ozone depleting substances listed in Annex I and of products and equipment containing those substances or whose functioning relies upon those substances from and to any state or regional economic integration organisation that has not agreed to be bound by the provisions of the Protocol applicable to a particular
Amendment 112 #
Proposal for a regulation Article 19 – paragraph 3 3. By way of derogation from paragraph 1, trade with any state or regional economic integration organisation subject to paragraph 1 in ozone depleting substances listed in Annex I and equipment containing those substances or whose functioning relies
Amendment 113 #
Proposal for a regulation Article 20 – paragraph 1 1. Ozone depleting substances listed in Annex I contained in refrigeration, air- conditioning and heat pump equipment, equipment containing solvents or fire protection systems and fire extinguishers shall, during the maintenance or servicing of equipment or before the dismantling or disposal of equipment, be recovered for destruction, recycling or reclamation, provided that the required appropriate containers and packaging are used, and the specialist staff to carry out the destruction, recycling or reclamation operations are in place.
Amendment 114 #
Proposal for a regulation Article 20 – paragraph 1 1. Ozone depleting substances listed in Annex I and Annex II contained in refrigeration, air-
Amendment 115 #
Proposal for a regulation Article 20 – paragraph 1 1. Ozone depleting substances listed in Annex
Amendment 116 #
Proposal for a regulation Article 20 – paragraph 1 1. Ozone depleting substances
Amendment 117 #
Proposal for a regulation Article 20 – paragraph 2 2. Building owners and contractors shall ensure that during renovation, refurbishing or demolition activities implying the removal of metal-faced panels that contain foams with ozone depleting substances listed in Annex I are avoided to the extent possible by recovery for reuse or destruction of the foams and the substances contained therein. Member States shall ensure in this regard the appropriate upskilling for construction workers on sustainable working techniques to strengthen recovery, recycling and reclaim.
Amendment 118 #
Proposal for a regulation Article 20 – paragraph 2 2. Building owners and contractors shall ensure that during renovation, refurbishing or demolition activities implying the removal of metal-faced panels that contain foams with ozone depleting substances listed in Annex I and Annex II are avoided to the extent possible by recovery for reuse or destruction of the foams and the substances contained therein.
Amendment 119 #
Proposal for a regulation Article 20 – paragraph 2 2. Building owners and contractors shall ensure that during renovation, refurbishing or demolition activities implying the removal of metal-
Amendment 12 #
Proposal for a regulation Recital 7 (7) In order to increase awareness on the global warming potential of ozone depleting substances, in addition to the ozone depleting potential of the substances, their respective global warming potential should also be listed in this Regulation. In order to reduce the risk of pyro- cumulonimbus formation from forest fires and the negative impact on the stratosphere and the ozone layer, Member States should establish binding action plans based on guidelines established by the Commission to reduce deliberate fires and tree burning in forests as much as possible.
Amendment 120 #
Proposal for a regulation Article 20 – paragraph 2 2. Building owners and contractors
Amendment 121 #
Proposal for a regulation Article 20 – paragraph 3 3. Building owners and contractors shall ensure that during renovation, refurbishing or demolition activities implying the removal of foams in laminated boards installed in cavities or built-up structures that contain ozone depleting substances listed in Annex I and Annex II are avoided to the extent possible by recovery for reuse or destruction of the foams and the substances contained therein.
Amendment 122 #
Proposal for a regulation Article 20 – paragraph 3 3. Building owners and contractors shall ensure that during renovation, refurbishing or demolition activities implying the removal of foams in
Amendment 123 #
Proposal for a regulation Article 20 – paragraph 3 3. Building owners and contractors shall ensure that during renovation, refurbishing or demolition activities implying the removal of foams in laminated boards installed in cavities or built-up structures that contain ozone depleting substances
Amendment 124 #
Proposal for a regulation Article 20 – paragraph 4 4. Where recovery of the foams referred to in the first subparagraph is not technically feasible, the building owner or contractor shall draw up documentation providing evidence for the infeasibility of the recovery in the specific case, as well as for appropriate storage. Such
Amendment 125 #
Proposal for a regulation Article 20 – paragraph 6 6. Ozone depleting substances listed in Annex I and Annex II contained in products and equipment other than those mentioned in paragraphs 1 to 5 shall, if technically and economically feasible, be recovered for destruction, recycling or reclamation, or shall be destroyed without prior recovery.
Amendment 126 #
Proposal for a regulation Article 20 – paragraph 6 6. Ozone depleting substances
Amendment 127 #
Proposal for a regulation Article 20 – paragraph 7 7. Ozone depleting substances
Amendment 128 #
Proposal for a regulation Article 20 – paragraph 9 9. Member States shall promote the recovery, recycling, reclamation and destruction of ozone depleting substances
Amendment 129 #
Proposal for a regulation Article 20 – paragraph 9 9. Member States shall promote the recovery, recycling, reclamation and destruction of ozone depleting substances listed in Annex I and shall establish the minimum qualification requirements for the personnel involved in all these operations.
Amendment 13 #
Proposal for a regulation Recital 7 (7) In order to increase awareness on the global warming potential of ozone depleting substances, in addition to the ozone depleting potential of the substances, their respective global warming potential should also be listed in this Regulation as well as on the labels of containers of ozone depleting substances. Where available, this information should include the global warming potential expressed both on a 100-year and 20-year timescale, to increase awareness about the short- term high global warming potential of some ozone depleting substances.
Amendment 130 #
Proposal for a regulation Article 20 – paragraph 9 9. Member States shall promote the recovery, recycling, reclamation and destruction of ozone depleting substances listed in Annex I and Annex II and shall establish the minimum qualification requirements for the personnel involved.
Amendment 131 #
Proposal for a regulation Article 21 – paragraph 2 2. Undertakings shall take all necessary precautions to prevent and minimise any unintentional release of ozone depleting substances listed in Annex
Amendment 132 #
Proposal for a regulation Article 21 – paragraph 2 2. Undertakings shall take all necessary precautions to prevent and minimise any unintentional release of ozone depleting substances
Amendment 133 #
Proposal for a regulation Article 21 – paragraph 3 3. Undertakings operating equipment containing ozone depleting substances listed in Annex I and Annex II, shall ensure that any detected leakage is repaired without undue delay, without prejudice to the prohibition to use the ozone depleting substances.
Amendment 134 #
Proposal for a regulation Article 21 – paragraph 3 3. Undertakings operating equipment containing ozone depleting substances
Amendment 135 #
Proposal for a regulation Article 21 – paragraph 3 a (new) 3a. Operators of refrigeration, air conditioning or heat pump equipment, or fire protection systems, including their circuits, which contain ozone depleting substances listed in Annex I shall ensure that the stationary equipment or systems with a fluid charge of: (a) 3 kg or more of ozone depleting substances listed in Annex I are checked for leakage at least once every 12 months; this shall not apply to equipment with hermetically sealed systems, which are labelled as such and contain less than 6 kg of ozone depleting substances; (b) 30 kg or more of ozone depleting substances listed in Annex I are checked for leakage at least once every six months; (c) 300 kg or more of ozone depleting substances are checked for leakage at least once every three months.
Amendment 136 #
Proposal for a regulation Article 21 – paragraph 3 b (new) 3b.. Undertakings operating refrigeration, air conditioning or heat pump equipment, or fire protection systems, including their circuits, which contain controlled substances shall ensure that the stationary equipment or systems with a fluid charge of: (a) 3 kg or more of controlled substances are checked for leakage at least once every 12 months; this shall not apply to equipment with hermetically sealed systems, which are labelled as such and contain less than 6 kg of controlled substances; (b) 30 kg or more of controlled substances are checked for leakage at least once every 6 months; (c) 300 kg or more of controlled substances are checked for leakage at least once every 3 months; and that any detected leakage is repaired as soon as possible and in any event within 14 days. The equipment or system shall be checked for leakage within 1 month after a leak has been repaired to ensure that the repair has been effective.
Amendment 137 #
Proposal for a regulation Article 21 – paragraph 4 4. Undertakings referred to in paragraph 3 and 3a shall retain records on the quantity and type of ozone depleting substances added and the quantity recovered during maintenance
Amendment 138 #
Proposal for a regulation Article 21 – paragraph 5 5.
Amendment 139 #
Proposal for a regulation Article 21 – paragraph 5 5. Member States shall establish the minimum qualification requirements for the personnel carrying out activities referred to in paragraph 3. Member States shall ensure that training programmes for natural persons carrying out those activities are available.
Amendment 14 #
Proposal for a regulation Recital 7 (7) In order to increase people’s awareness on the global warming potential of ozone depleting substances, in addition to the ozone depleting potential of the substances, their respective global warming potential should also be listed in this Regulation.
Amendment 140 #
Proposal for a regulation Article 22 – paragraph 1 1. The Commission is empowered to adopt delegated acts in accordance with Article 29 to amend Annex II with a view to updating it to include in that Annex any substances that are not covered by this Regulation but have been found by the Scientific Assessment Panel (‘SAP’), established under the Protocol, or by another recognised authority of equivalent stature to have a significant ozone- depleting potential.
Amendment 141 #
Proposal for a regulation Article 22 – paragraph 3 3. The Commission is empowered to adopt delegated acts in accordance with
Amendment 142 #
Proposal for a regulation Article 22 – paragraph 3 3. The Commission is empowered to adopt delegated acts in accordance with Article 29 to amend Annexes I and II as regards the global warming potential and the ozone depleting potential of the listed substances, where it is necessary in the light of new Assessments Reports by the Intergovernmental Panel on Climate Change
Amendment 143 #
Proposal for a regulation Article 24 – paragraph 1 – subparagraph -1 (new) By 31 March [OP: Please insert the year of application of this Regulation], and every year thereafter, each undertaking that placed on the market ozone depleting substances shall submit to the Commission a report demonstrating compliance with Article 15(2), including information on the production facility of origin and evidence of abatement of trifluoromethane emissions
Amendment 144 #
Proposal for a regulation Article 24 – paragraph 1 – subparagraph 3 a (new) Each year by 31 March [OP: Please insert the year of application of this Regulation], and every year thereafter, each undertaking that placed on the market ozone depleting substances shall submit to the Commission a report demonstrating compliance with Article 15(2).
Amendment 145 #
Proposal for a regulation Article 24 – paragraph 2 (2) The Commission and the competent
Amendment 146 #
Proposal for a regulation Article 24 a (new) Article 24a Reporting by the Commission Each year by 30 September, the Commission shall report to the public the collated data from the records it received from the undertakings and the Member States. That report shall inter alia specify the quantities of the ozone depleting substances produced, used, imported and exported in the Union, the emissions from them, the number of checks carried out, the cases of illegal trade and the penalties imposed.
Amendment 147 #
Proposal for a regulation Article 26 – paragraph 1 1. The competent authorities of Member States shall carry out regular checks to establish whether undertakings comply
Amendment 148 #
Proposal for a regulation Article 26 – paragraph 1 1. The competent authorities of Member States shall carry out regular checks to establish whether undertakings comply with their obligations under this Regulation.
Amendment 149 #
Proposal for a regulation Article 26 – paragraph 2 – subparagraph 1 The checks shall cover at least 10% of the relevant undertakings each year and be carried out following a risk-based approach, which takes into consideration, in particular, the history of compliance of undertakings, the risk of non-compliance of a specific product with this Regulation, and any other relevant information received from the Commission, national customs authorities, market surveillance authorities, environmental authorities and other authorities with inspection functions or from competent authorities of third countries.
Amendment 15 #
Proposal for a regulation Recital 7 (7) In order to increase awareness on the global warming potential of ozone depleting substances, in addition to the ozone depleting potential of the substances, their respective global warming potential should also be listed and addressed in this Regulation.
Amendment 150 #
Proposal for a regulation Article 26 – paragraph 3 – subparagraph 1 Checks referred to in paragraphs 1 and 2 shall include on-site visits of establishments with the appropriate frequency by maintaining the benchmarks set in Regulation (EC) No 1005/2009 and verification of relevant documentation and equipment.
Amendment 151 #
Proposal for a regulation Article 26 a (new) Article 26a 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 before 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. 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 152 #
Proposal for a regulation Article 27 – paragraph 3 – point d (d) the financial and social situation of the undertaking held responsible
Amendment 153 #
Proposal for a regulation Article 27 – paragraph 3 – point e (e) the economic benefits derived or expected to be derived from the
Amendment 154 #
Proposal for a regulation Article 27 – paragraph 5 – subparagraph 1 In cases of unlawful production, import, export, placing on the market, or use of ozone depleting substances listed in Annex I or of products and equipment containing those substances or whose functioning relies upon those substances and which are without prejudice to Directive 2008/99/EC or national law, Member States shall envisage maximum administrative fines of at least
Amendment 155 #
Proposal for a regulation Article 27 – paragraph 5 – subparagraph 1 In cases of unlawful production, import, export, placing on the market, or use of ozone depleting substances listed in Annex I or utilisation of products and equipment containing those substances or whose functioning
Amendment 156 #
Proposal for a regulation Article 27 – paragraph 5 – subparagraph 1 In cases of unlawful production, import, export, placing on the market, or use of ozone depleting substances listed in Annex I or of products and equipment containing those substances or whose functioning relies upon those substances, Member States shall envisage maximum administrative fines of at least
Amendment 157 #
Proposal for a regulation Article 27 – paragraph 5 – subparagraph 1 In cases of unlawful production, import, export, placing on the market, or use of ozone depleting substances listed in Annex I or of products and equipment containing those substances or whose functioning relies upon those substances, Member States shall envisage m
Amendment 158 #
Proposal for a regulation Article 27 – paragraph 5 – subparagraph 2 In cases of infringements of Article 21(1), the potential impact on the climate shall be reflected
Amendment 159 #
Proposal for a regulation Article 29 – paragraph 2 2. The power to adopt delegated acts referred to in Article 6 (1b) and (1d), Article 7(4), Article 8(7), Article 9(3), Article 15(1a), Article 16(13), Article 18, Article 19(2), Article 20(8), Article 22, Article 23(3) and Article 24(4) shall be conferred on the Commission for an indeterminate period of time [from the date of application of the Regulation]
Amendment 16 #
Proposal for a regulation Recital 8 (8) Regulation (EC) No 1005/2009 and previous Union legislation, established more stringent control measures than required under the Protocol, requiring more restrictive rules on import and export. Air pollution in the form of nitrogen oxides (NOx) can harm the ozone layer and therefore more ambition is required at Union and Member State level to reduce the use of nitrogen fertilisers.
Amendment 160 #
Proposal for a regulation Article 29 – paragraph 2 2. The power to adopt delegated acts referred to in Article 6(4), Article 7(4), Article 8(7), Article 9(3), Article 16(13), Article 18, Article 19(2), Article 20(8), Article 22, Article 23(3) and Article 24(4) shall be conferred on the Commission for an indeterminate period of time [from the date of application of the Regulation]
Amendment 161 #
Proposal for a regulation Article 29 – paragraph 3 3. The delegation of power referred to in Article 6 (1b) and (1d), Article 7(4), Article 8(7), Article 9(3), Article 15(1a), Article 16(13), Article 18, Article 19(2), Article 20(8), Article 22, Article 23(3) and Article 24(4) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
Amendment 162 #
Proposal for a regulation Article 29 – paragraph 3 3. The delegation of power referred to in Article 6(4), Article 7(4), Article 8(7), Article 9(3), Article 16(13), Article 18, Article 19(2), Article 20(8), Article 22, Article 23(3) and Article 24(4) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
Amendment 163 #
Proposal for a regulation Article 29 – paragraph 6 6. A delegated act adopted pursuant to Article 6 (1b) and (1d), Article 7(4), Article 8(7), Article 9(3), Article 15(a), Article 16(13), Article 18, Article 19(2), Article 20(8), Article 22, Article 23(3) and Article 24(4) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
Amendment 164 #
Proposal for a regulation Article 29 – paragraph 6 6. A delegated act adopted pursuant to Article 6(4), Article 7(4), Article 8(7), Article 9(3), Article 16(13), Article 18, Article 19(2), Article 20(8), Article 22, Article 23(3) and Article 24(4) shall enter into force only if no objection has been expressed either by the European Parliament or the Council
Amendment 165 #
Proposal for a regulation Article 30 – paragraph 1 By 1 January 20
Amendment 166 #
Proposal for a regulation Article 30 – paragraph 1 By 1 January 203
Amendment 167 #
Proposal for a regulation Article 30 – paragraph 1 By 1 January 20
Amendment 168 #
Proposal for a regulation Annex I a (new) The maximum amount of ozone depleting substances that may be used as feedstock within the Union shall not exceed 166 356 metric tonnes.
Amendment 169 #
Proposal for a regulation Annex IV – point 2 2. Ozone depleting substances referred to in point 1 and mixtures containing those substances shall be supplied only in re-closable containers or high pressure cylinders smaller than three
Amendment 17 #
Proposal for a regulation Recital 9 a (new) Amendment 170 #
Proposal for a regulation Annex V – table CRITICAL USES OF HALONS Application
Amendment 171 #
Proposal for a regulation Annex VI – point 2 – point f (f) any stocks held at the beginning and the end of the reporting period;
Amendment 172 #
Proposal for a regulation Annex VI – point 3 – point a (a) any quantities released for free circulation in the Union, separately identifying imports for feedstock and process agent uses, for essential laboratory and analytical uses and for destruction. Importers which imported
Amendment 173 #
Proposal for a regulation Annex VI – point 3 – point d (d) any stocks held at the beginning and the end of the reporting period;
Amendment 174 #
Proposal for a regulation Annex VI – point 4 – point b (b) any stocks held at the beginning and the end of the reporting period;
Amendment 175 #
Proposal for a regulation Annex VI – point 5 – paragraph 1 – point a (a) any quantities destroyed, including quantities contained in products or equipment and quantities destroyed as by- product, and the technology used for destruction;
Amendment 176 #
Proposal for a regulation Annex VI – point 5 – paragraph 1 – point b (b) any stocks, held at the beginning and the end of the reporting period, waiting to be destroyed, including quantities contained in products or equipment;
Amendment 177 #
Proposal for a regulation Annex VI – point 5 – paragraph 2 Each undertaking destroying ozone depleting substances
Amendment 178 #
Proposal for a regulation Annex VI – point 6 – paragraph 1 – point b (b) any stocks held at the beginning and the end of the reporting period;
Amendment 179 #
Proposal for a regulation Annex VI – point 6 – paragraph 1 – point c (c) the types of feedstock uses and processes and any emissions, including those linked to transport and storage, including the transfer from one container to another.
Amendment 18 #
Proposal for a regulation Recital 10 a (new) (10a) Licensing and prevention of emissions measures should apply to ozone depleting substances listed in Annexes I and II. This approach not only reduces potential adverse environmental and health impacts but harmonises with that of Regulation (EU)2022/...of the European Parliament and of the Council on fluorinated greenhouse gases, amending Directive (EU) 2019/1937 and repealing Regulation (EU) No 517/2014.
Amendment 180 #
Proposal for a regulation Annex VI – point 6 – paragraph 2 Each undertaking using as feedstock or process agents ozone depleting substances
Amendment 181 #
Proposal for a regulation Annex VII – point 2 – point c (c) in the case of imports of
Amendment 19 #
Proposal for a regulation Recital 12 (12) Halons Technical Options Committee (HTOC) established under the
Amendment 20 #
Proposal for a regulation Recital 12 a (new) (12a) The use of ozone depleting substances as feedstock has lead to unexpected emissions which threaten the recovery of the ozone layer and significantly contribute to the climate emergency. It is therefore necessary to phase-out the use of ozone depleting substances as feedstock by 2030 at the latest.
Amendment 21 #
Proposal for a regulation Recital 12 b (new) (12b) To ensure a rapid decline of avoidable emissions of ozone depleting substances, the use of ozone depleting substances as feedstock for non-essential products such as plastics and pesticides should be prohibited. Such a prohibition will bring with it numerous co-benefits for achieving the zero-pollution ambition.
Amendment 22 #
Proposal for a regulation Recital 13 a (new) Amendment 23 #
Proposal for a regulation Recital 14 (14) Restrictions set out in this Regulation regarding products and equipment containing ozone depleting substances should also cover products and equipment relying on or containing those substances in order to prevent circumventions of those restrictions.
Amendment 24 #
Proposal for a regulation Recital 15 (15) It is important to ensure that ozone depleting substances are allowed to be placed on the market for the purpose of reclamation in the Union, provided that appropriate storage and transport conditions are in place. Ozone depleting substances and the products and equipment containing those substances or whose functioning relies upon those substances should also be allowed to be placed on the market for the purpose of destruction by technologies approved by the Parties or by technologies not yet approved but that are environmentally equivalent.
Amendment 25 #
Proposal for a regulation Recital 16 (16) Non-refillable containers for ozone depleting substances, should be banned, considering that an amount of substance inevitably remains in these containers when emptied, which is then released into the atmosphere. In this respect, it is necessary to prohibit their import, placing on the market, subsequent supply or making available on the market, use, except for laboratory and analytical uses, and their export. To ensure that refillable containers are refilled instead of being discarded, when placing such containers on the market undertakings should be required to produce a declaration of conformity including evidence on the arrangements for return for the purpose of refilling.
Amendment 26 #
Proposal for a regulation Recital 17 (17) Regulation (EC) No 1272/2008 of the European Parliament and of the Council24 provides for the labelling of substances classified as ozone depleting substances and the labelling of mixtures containing such substances. As it is allowed to release for free circulation in the Union market halon and methyl bromide, as well as other ozone depleting substances produced for feedstock, process agent, laboratory and analytical uses, those substances should be distinguished from
Amendment 27 #
Proposal for a regulation Recital 18 (18) The export of products and equipment containing hydrochlorofluorocarbons may be exceptionally permitted in cases where it may be more beneficial to allow these products and equipment to end their natural life cycle in a third country than to be decommissioned and disposed of in the Union, provided that the required appropriate facilities, as well as the specialist staff to carry out such operations, are in place, so as to avoid any further environmental pollution.
Amendment 28 #
Proposal for a regulation Recital 19 (19) Given that the production process for some ozone depleting substances can
Amendment 29 #
Proposal for a regulation Recital 19 (19) Given that the production process for some ozone depleting substances can result in emissions of the fluorinated greenhouse gas produced trifluoromethane as a by-product, such by-product emissions should be rigorously monitored, destroyed or recovered for subsequent use as a condition for the placing the ozone depleting substance on the market. Producers and importers should also be required to document measures adopted to prevent emissions of trifluoromethane during the production process.
Amendment 30 #
Proposal for a regulation Recital 20 (20) To avoid illegal trade of prohibited substances and products covered under this Regulation, the prohibitions established therein as well as the licensing requirements for trade should not only cover the entry of goods into the customs territory for release for free circulation in the Union, but also temporary storage and all other customs procedures established under Union customs law.
Amendment 31 #
Proposal for a regulation Recital 21 (21) The licensing system on imports and exports of ozone depleting substances is an essential requirement under the Protocol for monitoring trade and preventing illegal activities in this respect. In order to ensure automatic, real-time, customs controls, at shipment level as well as an electronic exchange and storing of information on all shipments of substances and products and equipment covered by this Regulation presented to customs it is necessary to interconnect the electronic licensing system for ozone depleting substances with the E
Amendment 32 #
Proposal for a regulation Recital 23 (23) To ensure that substances as well as products and equipment covered by this Regulation that have been imported illegally in the Union market does not re- enter the market, competent authorities should confiscate or seize these products
Amendment 33 #
Proposal for a regulation Recital 28 (28) The intentional release of ozone depleting substances into the atmosphere, where such release is unlawful, is a serious infringement of this Regulation and should be explicitly prohibited. All feasible measures should be taken by undertakings to reduce the unintentional release of ozone depleting substances into the atmosphere also considering their global warming potential. Thus, it is necessary to lay down provisions on the recovery of used ozone depleting substances from products and equipment and the prevention of leakages of such substances, provided that the required appropriate storage facilities are in place. Recovery obligations should also be extended to building owners and contractors when removing certain foams from buildings to maximise emissions reductions.
Amendment 34 #
Proposal for a regulation Recital 28 a (new) (28a) The requirement to recover foams containing ozone depleting substances from building material could spur innovation and research and development on demolition, reclamation and recycling technologies and could have positive effects on employment due to the labour- intensiveness of the decommissioning process and the need for more treatment capacity for those types of wastes. However, that requirement could create some additional need for training specialised personnel in the relevant companies, which are often small and medium-sized enterprises. Member States should therefore establish minimum qualification requirements for the personnel involved and at the same time increase the availability of training programmes.
Amendment 35 #
Proposal for a regulation Recital 28 b (new) (28b) The shift towards the use of alternatives to ozone depleting substances will spur green innovation and employment. Member States should however ensure a fair and just transition for the personnel employed by undertakings which will not succeed in the transition to such alternatives, leaving no one behind.
Amendment 36 #
Proposal for a regulation Recital 32 (32) The Protocol requires reporting on trade in ozone depleting substances. Producers, importers and exporters of ozone depleting substances should therefore report annually on trade in ozone depleting substances. Trade in ozone depleting substances not yet covered by the Protocol (listed in Annex II), should also be reported
Amendment 37 #
Proposal for a regulation Recital 33 a (new) (33a) In its Communication of 14 October 2020 entitled “Improving access to justice in environmental matters in the EU and its Member States”, the Commission recognised that access to justice in environmental matters is not guaranteed in all Member States and called on the Council and the European Parliament to introduce explicit access to justice provisions in new and revised EU laws concerning environmental matters. This Regulation contains provisions which create equal conditions of access across the Union to national courts for members of the public who find that their public authorities are not in compliance with the obligations arising from it, 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 38 #
Proposal for a regulation Recital 33 b (new) (33b) Whistle-blowers can bring new information to the attention of competent authorities which could help the competent authorities detect infringements of this Regulation and enable them to impose penalties. It should be ensured that adequate arrangements are in place to enable whistle-blowers to alert the competent authorities to actual or potential infringements of this Regulation and to protect the whistle- blowers from retaliation.
Amendment 39 #
Proposal for a regulation Recital 37 (37) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission as regards to the establishment of a list of undertakings that may use ozone depleting substances as process agents as well as the maximum quantities to be used for make- up or for consumption, and maximum emission levels for each undertaking; the determination of essential and analytical uses for which production and import is permitted within a certain period and the specification of authorised users, the granting of derogations from the end-dates and cut-off dates established in relation to critical uses of halons; the authorisation of the temporary production, placing on the market, further supply and use of methyl bromide in emergency cases; the authorisation of the export of products and equipment containing hydrochlorofluorocarbons; the detailed arrangements for the declaration of conformity for pre-charged equipment and verification; the evidence to be provided on the destruction or recovery of trifluoromethane by production during the manufacturing of ozone depleting substances; the form and content of labelling requirements; the authorisation of trade with entities not covered by the Protocol; and the format for the submission of information by Member States on critical uses of halons and illegal trade, as well as the format and means of the information to be reported by undertakings in particular on production, import, export, storage, feedstock uses and destruction. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council28. __________________ 28 Regulation (EU) No 182/2011 of the
Amendment 40 #
Proposal for a regulation Recital 37 a (new) (37a) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission as regards to the establishment of a list of prohibited uses of ozone depleting substances as feedstock and maximum emission levels for each use.
Amendment 41 #
Proposal for a regulation Recital 38 (38) 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 as regards the processes for which ozone depleting substances may be
Amendment 42 #
Proposal for a regulation Recital 38 (38) 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 as regards the processes for which ozone depleting substances may be used as process agents, and the maximum amount permitted for such uses including their emissions in the Union, the conditions for the placing on the market and further distribution of ozone depleting substances for essential laboratory and analytical uses, the timeframes established in Annex V for critical uses of halons, the functioning of the licensing system for ozone depleting substances, 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 or exported to any entity not covered by the Protocol; the establishment of a list of products and equipment for which the recovery of ozone depleting substances and their destruction is technically and economically feasible, and the specification of the technologies to be applied; amendments of Annexes I and II listing ozone depleting substances; the update of global warming and ozone depleting potentials of listed substances; the reporting requirements for Member
Amendment 43 #
Proposal for a regulation Recital 40 a (new) Amendment 44 #
Proposal for a regulation Article 1 – paragraph 1 This Regulation lays down rules on the production, import, export, placing on the market, storage and further supply as well as use, recovery, recycling, reclamation and destruction of ozone depleting substances, on the reporting of information related to those substances and on the import, export, placing on the market, further supply and use of products and equipment containing ozone depleting substances or whose functioning relies upon on those substances.
Amendment 45 #
Proposal for a regulation Article 1 – paragraph 1 This Regulation lays down rules on the production, import, export, placing on the
Amendment 46 #
Proposal for a regulation Article 2 – paragraph 2 2. This Regulation also applies to products and equipment, and parts thereof, containing ozone depleting substances or whose functioning relies
Amendment 47 #
Proposal for a regulation Article 3 – paragraph 1 – point 1 (1) ‘feedstock’ means any ozone depleting substance that undergoes
Amendment 48 #
Proposal for a regulation Article 3 – paragraph 1 – point 5 (5) ‘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, and the use of substances produced or the u
Amendment 49 #
Proposal for a regulation Article 3 – paragraph 1 – point 6 a (new) (6a) 'producers' - means any natural or legal person producing controlled substances or new substances within the Union or who exploits heating or cooling systems, or fire defence system;
Amendment 50 #
Proposal for a regulation Article 3 – paragraph 1 – point 9 (9) ‘reclamation’ means the reprocessing of an ozone depleting substance in order to match the performance that is equivalent to that of a virgin substance, taking into account its original intended use;
Amendment 51 #
Proposal for a regulation Article 3 – paragraph 1 – point 10 a (new) (10a) ‘container’ means a product which is designed primarily for transporting or storing ozone-depleting substances listed in Annex I;
Amendment 52 #
Proposal for a regulation Article 3 – paragraph 1 – point 11 (11) ‘products and equipment’ means all products and equipment, including parts thereof, except containers, utilised for the transportation or storage of ozone depleting substances;
Amendment 53 #
Proposal for a regulation Article 3 – paragraph 1 – point 12 (12) ‘virgin substances’ means
Amendment 54 #
Proposal for a regulation Article 3 – paragraph 1 – point 12 a (new) (12a) ‘installation’ means joining two or more pieces of equipment or circuits containing or designed to contain ozone- depleting substances, with a view to assembling a system in the location where it will be operated;
Amendment 55 #
Proposal for a regulation Article 4 – paragraph 2 a (new) 2a. Pyro-cumulonimbus formation from forest fires and burning trees and the negative impact on the stratosphere and the ozone layer shall be limited by binding national action plans based on guidelines established by the Commission.
Amendment 56 #
Proposal for a regulation Article 4 – paragraph 2 b (new) 2b. Member States shall ensure ambition in reducing nitrogen fertilisers based on guidelines established by the Commission.
Amendment 57 #
Proposal for a regulation Article 6 – paragraph 1 By way of derogation from Article 4(1), ozone depleting substances listed in Annex I may be produced, placed on the market, and subsequently supplied or made available to another person within the Union for payment or free of charge to be used as feedstock
Amendment 58 #
Proposal for a regulation Article 6 – paragraph 1 By way of derogation from Article 4(1), ozone depleting substances listed in Annex I may be produced, placed on the market, and subsequently supplied or made available to another person within the Union for payment or free of charge to be used as feedstock subject to the conditions laid down pursuant to Annex Ia and paragraphs 1a and 1b of this Article.
Amendment 59 #
Proposal for a regulation Article 6 – paragraph 1 By way of derogation from Article 4(1), ozone depleting substances listed in Annex I may be produced, placed on the market, and subsequently supplied or made available to another person within the Union for payment or free of charge to be used as feedstock until 2030.
Amendment 60 #
Proposal for a regulation Article 6 – paragraph 1 a (new) The Commission is empowered to adopt delegated acts in accordance with Article 29 to amend Annex Ia with the purpose to: (a) set a schedule for reducing the maximum amount of ozone depleting substances that may be used as feedstock and set a maximum amount and a schedule for reducing that amount of ozone depleting substances that may be released from feedstock, taking into account scientific recommendations, technological developments resulting in the availability of technically feasible alternatives, and the availability of more precise data on the emissions from feedstock; (b) prohibit the use of ozone depleting substances for feedstock uses for which technically feasible alternatives exist.
Amendment 61 #
Proposal for a regulation Article 6 – paragraph 1 a (new) The Commission shall, by means of implementing acts, establish a list and determine those quantitative limits and allocate quotas to undertakings for the period from 1 January to 31 December 2026 and for each 12-month period thereafter. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 28(2).
Amendment 62 #
Proposal for a regulation Article 6 – paragraph 1 a (new) This derogation does not apply to feedstock uses for the production of plastics and pesticides.
Amendment 63 #
Proposal for a regulation Article 6 – paragraph 1 b (new) Amendment 64 #
Proposal for a regulation Article 6 – paragraph 1 b (new) The Commission may, by means of implementing acts, establish a list of undertakings for which the use of ozone depleting substances listed in Annex I as feedstock subject to the conditions laid down pursuant to Annex Ia is permitted, laying down the maximum quantities that may be used as feedstock and maximum emission levels for each of the undertakings concerned. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 28(2).
Amendment 65 #
Proposal for a regulation Article 6 – paragraph 1 b (new) The derogation for feedstock use shall be subject to quantitative limits. Within 12 months after entry into force of this Regulation, the Commission shall adopt delegated acts in accordance with Article 29 to supplement this Regulation with the quantitative limits for the ozone depleting substances listed in Annex I used as feedstock. Those limits shall be no higher than 2019 levels and shall decrease to reach zero by 2030.
Amendment 66 #
Proposal for a regulation Article 6 – paragraph 1 c (new) The Commission is empowered to adopt delegated acts in accordance with Article 29 to supplement this Regulation by establishing additional measures to those set out in this Regulation to set out quantitative limits of ozone depleting substances listed in Annex I used as feedstock within the Union.
Amendment 67 #
Proposal for a regulation Article 6 – paragraph 1 c (new) Amendment 68 #
Proposal for a regulation Article 6 – paragraph 1 d (new) The Commission may, if appropriate, by means of implementing acts, establish a list of processes for which the use of ozone depleting substances listed in Annex I as feedstocks is prohibited and a maximum emission level for undertakings using ozone depleting substances listed in Annex I as feedstock. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 28(2).
Amendment 69 #
Proposal for a regulation Article 6 – paragraph 1 d (new) Within 12 months after entry into force, the Commission shall adopt delegated acts in accordance with Article 29, to establish a list of additional processes for which the use of ozone depleting substances listed in Annex I as feedstock is prohibited.
Amendment 70 #
Proposal for a regulation Article 6 – paragraph 1 e (new) Controlled substances produced or placed on the market as feedstock may only be used for that purpose. As of 1 January 2026, containers of such substances shall be labelled with a clear indication that the substance may only be used as feedstock. Where such substances are required to be labelled in accordance with , or Regulation (EC) No 1272/2008, such indication shall be included in the label referred to in those Directives or in the supplemental information part of the label as referred to in Article 25(3) of that Regulation.
Amendment 71 #
Proposal for a regulation Article 6 – paragraph 1 e (new) Within 18 months after entry into force of this regulation, the Commission shall submit a report evaluating the current and future availability of alternatives to ozone depleting substances listed in Annex I used as feedstock within the Union.
Amendment 72 #
Proposal for a regulation Article 8 – paragraph 2 2. The Commission may, by means of implementing acts, determine any essential laboratory and analytical uses for which the production and import of ozone depleting substances listed in Annex I may be permitted in the Union, the period for which the exemption is valid and those users which may take advantage of those essential laboratory and analytical uses. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 28(2).
Amendment 73 #
Proposal for a regulation Article 8 – paragraph 4 – point b (b) amounts received from supplie
Amendment 74 #
Proposal for a regulation Article 8 – paragraph 5 5. The
Amendment 75 #
Proposal for a regulation Article 9 – paragraph 1 (1) By way of derogation from Article 4(1), halons may be placed on the market and used for critical uses in accordance with Annex V. Halons may only be placed on the market and subsequently supplied or made available to another person within the Union for payment or free of charge by undertakings authorised by the competent authority of the Member State concerned to store halons for critical uses, provided that it can be demonstrated that appropriate containers and packaging are used for storage and transport purposes.
Amendment 76 #
Proposal for a regulation Article 9 – paragraph 3 3. The Commission is empowered to adopt delegated acts in accordance with Article 29 to amend Annex V, where technically and economically feasible alternatives or technologies are available for the uses listed in that Annex ahead of the end dates specified in that Annex, or are not available for the uses listed in that Annex within the timeframes set out in that Annex
Amendment 77 #
Proposal for a regulation Article 9 – paragraph 4 4. The Commission may, by means of implementing acts, and following a substantiated request of the competent authority of a Member State, grant time- limited derogations from the end dates or cut-off dates specified in Annex V for a specified case where it is demonstrated in the request that no technically and economically feasible alternative is available for that particular application. The Commission
Amendment 78 #
Proposal for a regulation Article 9 – paragraph 4 4. The Commission may, by means of implementing acts, and following a substantiated request of the competent authority of a Member State, grant time- limited derogations from the end dates or cut-off dates specified in Annex V for a specified case where it is demonstrated in the request that no technically
Amendment 79 #
Proposal for a regulation Article 10 – paragraph 1 (1) In case of an emergency, where unexpected outbreaks of particular pests or diseases so require, the Commission may, at the request of the competent authority of a Member State, by means of implementing acts, authorise the temporary production, placing on the market, and use of methyl bromide, provided that the placing on the market and use of methyl bromide are allowed respectively under Regulation (EC) No 1107/2009 and Regulation (EU) No 528/2012 and provided that it can be demonstrated that appropriate containers and packaging are used for storage and transport purposes. Any unused quantities of methyl bromide shall be destroyed.
Amendment 8 #
Proposal for a regulation Recital 1 (1) The European Green Deal launched a new
Amendment 80 #
Proposal for a regulation Article 10 – paragraph 1 1. In case of an emergency, where unexpected outbreaks of particular pests or diseases so require, the Commission may, at the request of the competent authority of a Member State, by means of implementing acts, and upon notification to the Ozone Secretariat in accordance with Decision IX/7 of the Parties to the Protocol, authorise the temporary production, placing on the market, and use of methyl bromide, provided that the placing on the market and use of methyl bromide are allowed respectively under Regulation (EC) No 1107/2009 and
Amendment 81 #
Proposal for a regulation Article 10 – paragraph 2 2. Implementing acts referred to in paragraph 1 shall specify measures to be taken to reduce emissions of methyl bromide during use and apply for a period not exceeding 120 days and to a quantity not exceeding 20 metric tonnes of methyl bromide. The Commission may include in those implementing acts reporting requirements and may require submission of supporting evidence necessary for monitoring the use of methyl bromide, including evidence on the destruction of
Amendment 82 #
Proposal for a regulation Article 10 – paragraph 2 2. Implementing acts referred to in paragraph 1 shall specify measures to be taken to reduce emissions of methyl bromide during use and apply for a period not exceeding 120 days and to a quantity not exceeding 20 metric tonnes of methyl bromide. The Commission
Amendment 83 #
Proposal for a regulation Article 11 – paragraph 1 (1) By way of derogation from Article 5(1), products and equipment for which the use of the respective ozone depleting substance is authorised in accordance with Article 8 or Article 9 may be placed on the market, subsequently supplied or made available to another person within the
Amendment 84 #
Proposal for a regulation Article 11 – paragraph 3 3. Products and equipment containing ozone depleting substances listed in Annex I or whose functioning relies upon those substances shall be decommissioned when they reach the end of their life.
Amendment 85 #
Proposal for a regulation Article 13 – paragraph 1 – point e a (new) (ea) ozone depleting substances placed on the market for reclamation pursuant to Article 12;
Amendment 86 #
Proposal for a regulation Article 13 – paragraph 2 – subparagraph 2 Amendment 87 #
Proposal for a regulation Article 13 – paragraph 2 – subparagraph 2 The licence referred to in the first subparagraph shall not be required in cases of temporary storage as laid out in Regulation (EU) No 952/2013.
Amendment 88 #
Proposal for a regulation Article 14 – paragraph 2 – subparagraph 1 By way of derogation from Article 5(2), the Commission may, by means of implementing acts, following a request by a competent authority of a Member State, authorise the export of products and equipment containing hydrochlorofluorocarbons where it is demonstrated that in view of the economic value and the expected remaining lifetime of the specific good, the prohibition of export would impose a disproportionate burden on the exporter,
Amendment 89 #
Proposal for a regulation Article 14 – paragraph 3 – subparagraph 2 The licence referred to in the first subparagraph shall not be required in cases of re-export subsequent to temporary storage as laid out in Regulation (EU) No 952/2013.
Amendment 9 #
Proposal for a regulation Recital 2 (2) The ozone layer protects humans and other living beings from harmful ultra- violet (UV) radiation from the sun. It is scientifically well established that continuous emissions of ozone depleting substances cause significant damage to the ozone layer, leading to significant adverse impacts on human health and ecosystems, the biosphere as well as to large negative economic implications if left unaddressed.
Amendment 90 #
Proposal for a regulation Article 15 – paragraph 1 – subparagraph 2 Any prohibited non-refillable containers referred to in the first subparagraph shall be confiscated, seized, withdrawn or recalled from the market and destroyed by the customs authorities or the market surveillance authorities
Amendment 91 #
Proposal for a regulation Article 15 – paragraph 1 – subparagraph 3 a (new) The Commission is empowered to adopt implementing acts to set out the evidentiary requirements to satisfy the requirements of this paragraph.
Amendment 92 #
Proposal for a regulation Article 15 – paragraph 1 a (new) 1a. Undertakings which place on the market refillable containers for ozone depleting substances shall produce a declaration of conformity that includes evidence confirming the arrangements in place for the return of that container for the purpose of refilling. They shall keep the declaration of conformity for a period of at least five years after the placing on the market of refillable containers and shall make it available, on request, to the competent authorities of the Member States and the Commission. The Commission may, by means of implementing acts, supplement this Regulation by determining the details of the declaration of conformity. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 28(2).
Amendment 93 #
Proposal for a regulation Article 15 – paragraph 1 a (new) 1a. The Commission is empowered to adopt delegated acts in accordance with Article 29 to set out the evidentiary requirements to satisfy the requirements in Article 15(1)(b).
Amendment 94 #
Proposal for a regulation Article 15 – paragraph 2 – subparagraph 2 For the purpose of
Amendment 95 #
Proposal for a regulation Article 15 – paragraph 2 – subparagraph 3 The Commission
Amendment 96 #
Proposal for a regulation Article 15 – paragraph 3 – subparagraph 1 Ozone depleting substances listed in Annex I produced or placed on the market as feedstock, as process agents, for destruction or reclamation or for essential laboratory and analytical uses as referred to in Articles 6, 7, 8 and
Amendment 97 #
Proposal for a regulation Article 15 – paragraph 3 – subparagraph 2 Containers of ozone depleting substances shall be labelled. The label shall bear the accepted industry designation for the ozone depleting substance concerned or, if no such designation is available, the chemical name, the ozone depleting potential of the substance concerned, and, where available, its global warming potential expressed on a 100-year time- scale, and, where available, on a 20-year timescale. Containers containing the substances intended for the uses referred to in Articles 6, 7, 8, 9 and
Amendment 98 #
Proposal for a regulation Article 15 – paragraph 3 – subparagraph 2 Containers
Amendment 99 #
Proposal for a regulation Article 15 – paragraph 3 – subparagraph 3 a (new) Undertakings that produce (including as by-products or side-products), place on the market, supply to a third person in the Union or receive from a third person in the Union ozone depleting substances listed in Annex I intended for use as feedstock or process agents, or intended to be destroyed or reclaimed, as well as undertakings that destroy or reclaim these substances or use these substances as feedstock or as process agents, are obliged to keep records containing at least the following information, as appropriate: (a) name of the substance; (b) quantity produced, imported, exported, reclaimed or destroyed during the given calendar year; (c) quantity supplied to any third person in the Union and received from any third person in the Union during the given calendar year, including names and contact details of these third persons and specifying quantities supplied to or received from each third person in the Union; (d) quantity used (specifying the actual use) during the given calendar year; (e) quantity stored on 1 January and 31 December of the given calendar year.
source: 738.632
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