Amen­de­menten Hazekamp over stoffen die de ozonlaag afbreken en tot intrekking van Veror­dening (EG) nr. 1005/2009


15 november 2022

Proposal for a regulation on the substances that deplete the ozone layer and repealing Regulation (EC) No 1005/2009 of the Committee on the Environment, Public Health and Food Safety.

Amendment 1
Anja Hazekamp

Proposal for a regulation
Recital 1

Text proposed by the Commission

(1) The European Green Deal launched a new growth strategy for the Union that aims to transform the Union into a fair and prosperous society with a modern, resource-efficient and competitive economy. It reaffirms the Commission’s ambition to increase its climate targets and make Europe the first climate-neutral continent by 2050 and aims to protect the health and well-being of citizens from environment-related risks and impacts. Furthermore, the Union is committed to the 2030 Agenda for Sustainable Development and its Sustainable Development Goals.

Amendment

(1) The European Green Deal launched a new strategy for the Union that aims to transform the Union into a fair and prosperous society with a modern, resource-efficient and sustainable economy. It reaffirms the Commission’s ambition to increase its climate targets and make Europe the first climate-neutral continent by 2050 at the latest and aims to protect the health and well-being of citizens from environment-related risks and impacts. Furthermore, the Union is committed to the 2030 Agenda for Sustainable Development and its Sustainable Development Goals.

Amendment 2
Anja Hazekamp

Proposal for a regulation
Recital 7

Text proposed by the Commission

(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.

Amendment

(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 3
Anja Hazekamp

Proposal for a regulation
Recital 10 a (new)

Amendment

(10 a) 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 the F-gas regulation.

Amendment 4
Anja Hazekamp

Proposal for a regulation
Recital 12 a (new)

Amendment

(12 a) The use of ozone depleting substances as feedstocks 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 5
Anja Hazekamp

Proposal for a regulation
Recital 12 b (new)

Amendment

(12 b) 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 6
Anja Hazekamp

Proposal for a regulation
Recital 38

Text proposed by the Commission

(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 States on critical uses of halons and illegal trade and the reporting requirements by undertakings in particular on production, import, export, feedstock uses and destruction. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Inter-institutional Agreement of 13 April 2016 on Better Law-Making. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

Amendment

(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 feedstock, 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, evidentiary requirements for refillable containers, 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 States on critical uses of halons and illegal trade and the reporting requirements by undertakings in particular on production, import, export, feedstock uses and destruction. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Inter-institutional Agreement of 13 April 2016 on Better Law-Making. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

Amendment 7
Anja Hazekamp

Proposal for a regulation
Article 6 - paragraph 1

Text proposed by the Commission

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

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 8
Anja Hazekamp

Proposal for a regulation
Article 6 - paragraph 1 a (new)

Amendment

This derogation does not apply to feedstock uses for the production of plastics and pesticides.

Amendment 9
Anja Hazekamp

Proposal for a regulation
Article 6 - paragraph 1 b (new)

Amendment

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. These limits will be no higher than 2019 levels and will decrease to reach zero by 2030.

Amendment 10
Anja Hazekamp

Proposal for a regulation
Article 6 - paragraph 1 c (new)

Amendment

On the basis of the quantitative limits established in paragraph 1b, the Commission shall allocate quotas to undertakings for periods of 12 months. These quotas will be accompanied by maximum emission levels.

Amendment 11
Anja Hazekamp

Proposal for a regulation
Article 6 - paragraph 1 d (new)

Amendment

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 feedstocks is prohibited.

Amendment 12
Anja Hazekamp

Proposal for a regulation
Article 6 - paragraph 1 e (new)

Amendment

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 13
Anja Hazekamp

Proposal for a regulation
Article 8 - paragraph 5

Text proposed by the Commission

5. The records referred to in paragraphs 3 and 4 shall be retained for a minimum period of five years and shall be made available, upon request, to the competent authorities of the Member States and to the Commission.

Amendment

5. The undertakings referred to in paragraphs 3 and 4 shall report the records each year by 31 March via an electronic reporting tool to the competent authorities of the Member States and to the Commission.

Amendment 14
Anja Hazekamp

Proposal for a regulation
Article 9 - paragraph 4

Text proposed by the Commission

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 may include in those implementing acts reporting requirements, and may require submission of supporting evidence necessary for monitoring the use of the derogation, including evidence on amounts recovered for recycling or reclamation, results of leakage checks and amounts of unused halons in stocks. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 28(2).

Amendment

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 feasible alternative is available for that particular application. The Commission may include in those implementing acts reporting requirements, and may require submission of supporting evidence necessary for monitoring the use of the derogation, including evidence on amounts recovered for recycling or reclamation, results of leakage checks and amounts of unused halons in stocks. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 28(2).

Amendment 15
Anja Hazekamp

Proposal for a regulation
Article 15 - paragraph 1 a (new)

Amendment

1 a. 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 16
Anja Hazekamp

Proposal for a regulation
Article 16 - paragraph 1

Text proposed by the Commission

1. The Commission shall set up and ensure the operation of the electronic licensing system for ozone depleting substances listed in Annex I and products and equipment containing those substances or whose functioning relies upon those substances ('the licensing system').

Amendment

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 17
Anja Hazekamp

Proposal for a regulation
Article 20 - paragraph 1

Text proposed by the Commission

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.

Amendment

1. Ozone depleting substances listed in Annex I and Annex II 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.

Amendment 18
Anja Hazekamp

Proposal for a regulation
Article 20 - paragraph 2

Text proposed by the Commission

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.

Amendment

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 19
Anja Hazekamp

Proposal for a regulation
Article 20 - paragraph 3

Text proposed by the Commission

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 are avoided to the extent possible by recovery for reuse or destruction of the foams and the substances contained therein.

Amendment

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 20
Anja Hazekamp

Proposal for a regulation
Article 20 - paragraph 6

Text proposed by the Commission

6. Ozone depleting substances listed in Annex I 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

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 21
Anja Hazekamp

Proposal for a regulation
Article 20 - paragraph 9

Text proposed by the Commission

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.

Amendment

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 22
Anja Hazekamp

Proposal for a regulation
Article 21 - paragraph 2

Text proposed by the Commission

2. Undertakings shall take all necessary precautions to prevent and minimise any unintentional release of ozone depleting substances listed in Annex I during production, including inadvertently produced in the course of the manufacture of other chemicals, equipment manufacturing process, use, storage and transfer from one container or system to another or transport.

Amendment

2. Undertakings shall take all necessary precautions to prevent and minimise any unintentional release of ozone depleting substances listed in Annex I and Annex II during production, including inadvertently produced in the course of the manufacture of other chemicals, equipment manufacturing process, use, storage and transfer from one container or system to another or transport.

Amendment 23 Anja Hazekamp

Proposal for a regulation Article 21 - paragraph 3

Text proposed by the Commission

3. Undertakings operating equipment containing ozone depleting substances listed in Annex I, shall ensure that any detected leakage is repaired without undue delay, without prejudice to the prohibition to use the ozone depleting substances.

Amendment

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 24
Anja Hazekamp

Proposal for a regulation
Article 24 - paragraph 1 - subparagraph -1 (new)

Amendment

-1 By 31 March [OP: Please insert the year of application of this Regulation], and every year thereafter, each undertaking that placed on the market fluorinated greenhouse gases shall submit to the Commission a report demonstrating compliance with paragraph 2 of Article 15,including information on the production facility of origin and evidence of abatement of trifluoromethane emissions

Amendment 25
Anja Hazekamp

Proposal for a regulation
Article 24 a (new)

Amendment

Article 24 a, 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. This 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 26
Anja Hazekamp

Proposal for a regulation
Article 26 - paragraph 2 - subparagraph 1

Text proposed by the Commission

The checks shall 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

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 27
Anja Hazekamp

Proposal for a regulation
Article 27 - paragraph 5 - subparagraph 1

Text proposed by the Commission

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 five times the market value of the concerned substances or products and equipment concerned. In case of a repeated infringement within a five-year period, the Member States shall envisage maximum administrative fines of at least eight times the market value of the concerned substances or products and equipment concerned.

Amendment

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 ten times the market value of the concerned substances or products and equipment concerned. In case of a repeated infringement within a three-year period, the Member States shall envisage maximum administrative fines of at least fifteen times the market value of the concerned substances or products and equipment concerned.

Amendment 28
Anja Hazekamp

Proposal for a regulation
Article 27 - paragraph 5 - subparagraph 2

Text proposed by the Commission

In cases of infringements of Article 21(1), the potential impact on the climate shall be reflected by taking into account the carbon price in the determination of an administrative fine.

Amendment

In cases of infringements of Article 21(1), the potential impact on the climate shall be reflected in the determination of an administrative fine.

Amendment 29
Anja Hazekamp

Proposal for a regulation
Article 29 - paragraph 2

Text proposed by the Commission

2. The power to adopt delegated acts referred to in 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

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 30
Anja Hazekamp

Proposal for a regulation
Article 29 - paragraph 3

Text proposed by the Commission

3. The delegation of power referred to in 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

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 31
Anja Hazekamp

Proposal for a regulation
Article 29 - paragraph 6

Text proposed by the Commission

6. A delegated act adopted pursuant to 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 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

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 32
Anja Hazekamp

Proposal for a regulation
Article 30 - paragraph 1

Text proposed by the Commission

By 1 January 2033, the Commission shall publish a report on the implementation of this Regulation.

Amendment

By 1 January 2028, and every two years thereafter, the Commission shall publish a report on the implementation and effectiveness of this Regulation.


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