46 Amendments of Lucas HARTONG related to 2011/0105(COD)
Amendment 6 #
Draft legislative resolution
Citation 4
Citation 4
Amendment 7 #
Draft legislative resolution
Citation 5
Citation 5
Amendment 8 #
Proposal for a regulation
Citation 4
Citation 4
Amendment 9 #
Proposal for a regulation
Citation 6
Citation 6
Amendment 10 #
Proposal for a regulation
Recital 4
Recital 4
Amendment 11 #
Proposal for a regulation
Recital 5
Recital 5
Amendment 12 #
Proposal for a regulation
Recital 6
Recital 6
(6) There is a need to ensure the effective coordination and management of technical and administrative aspects of this Regulation at Union level. The European Chemicals Agency ("the Agency") established by Regulation (EC) No 1907/2006 has the competence and experience in implementing Union legislation on chemicals and intMember State level. The national agencies in the Member States should, therefore, in close coopernational agreements on chemicals. The Agency should, therefore with the Union, carry out tasks with regard to the administrative, technical and scientific aspects of the implementation of this Regulation and the exchange of information. In addition, the Agency should support the Commission in implementing the Union's international obligations under the Convention.
Amendment 13 #
Proposal for a regulation
Recital 7
Recital 7
Amendment 14 #
Proposal for a regulation
Recital 10
Recital 10
Amendment 15 #
Proposal for a regulation
Recital 11
Recital 11
(11) In cases where Union or Member State final regulatory actions do not qualify for notification because they do not meet the criteria, there is no need to convey information concerning the actions should nevertheless be conveyed to the Convention Secretariat and other Parties to the Convention in the interests of information exchange. This is in order to avoid unnecessary administrative procedures and reduce the amount of bureaucracy involved.
Amendment 16 #
Proposal for a regulation
Recital 18
Recital 18
(18) In order to ensure effective control and enforcement of the rules, Member States should designate authorities such as customs authorities that should have the responsibility of controlling imports and exports of chemicals covered by this Regulation. The Commission and the Member States have a key role to play and should act in a targeted and coordinated way. Member States and should provide for appropriate sanctions in the event of infringements.
Amendment 17 #
Proposal for a regulation
Recital 19
Recital 19
(19) In order to facilitate customs control and to reduce the administrative burden for both exporters and authorities, a system of codes to be used in export declarations shouldmay be established. The codes should also be used for chemicals exported for the purpose of research or analysis in quantities not likely to affect health or the environment, and in any event not more than 10 kg per year.
Amendment 18 #
Proposal for a regulation
Recital 20
Recital 20
(20) Information exchange, shared responsibility and cooperative efforts between the Union and the Member States and third countries should be promoted with a view to ensuring sound management of chemicals, whether or notespecially where those third countries are Parties to the Convention. In particular, tTechnical assistance to developing countries and countries with economies in transition shouldmay only be provided directly by the Commission and the Member States, or indirectly via support for projects by and therefore not via non-governmental organisations, especially assistance seekingin order to enable those countries to implement the Convention.
Amendment 20 #
Proposal for a regulation
Recital 21
Recital 21
(21) There should be regular monitoring of the operation of the procedures if they are to be effective. To this end, Member States and the AgencyUnion should regularly submit reports to the Commission, which should in turn regularly report to the European Parliament and the Council.
Amendment 21 #
Proposal for a regulation
Recital 22
Recital 22
(22) Technical notes for guidance should be drawn up by the AgencyMember State national agencies involved to assist the competent authorities, including such authorities as customs controlling exports, exporters and importers in the application of this Regulation. To this end, exchanges of best practice can naturally be useful.
Amendment 22 #
Proposal for a regulation
Recital 23
Recital 23
(23) The Commission should beuncil and Commission are duly empowered to adopt delegated acts in accordance with Article 290 of the Treaty in respect of the following: modifications of the lists of chemicals in Annex I, inclusion of a chemical that is subject to Regulation (EC) No 850/2004 of the European Parliament and of the Council of 29 April 2004 on persistent organic pollutants in Part 1 of Annex V, inclusion of a chemical already subject to an export ban at Union level in Part 2 of Annex V, modifications of Annexes II, III, IV and VI, and modifications of entries in Annex V.
Amendment 23 #
Proposal for a regulation
Recital 24
Recital 24
Amendment 24 #
Proposal for a regulation
Recital 25
Recital 25
(25) In accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on the European Union, the objectives of ensuring coherent and effective implementation of the Union's obligations under the Convention cannot beare being more than sufficiently achieved by the Member States and can therefore, by reason of the necessity to harmonise the rules concerning imports and exports of chemicals, be better achieved by them extremely well with no added value from the Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation hence does not go beyond what is necessary in order to achieve those objectives.
Amendment 25 #
Proposal for a regulation
Recital 27
Recital 27
(27) It is appropriate to provide for the deferred application of this Regulation so as to allow the Agencynational agencies in the Member States sufficient time to prepare itstheir new role and to the industry to familiarise itself with the new procedures,
Amendment 27 #
Proposal for a regulation
Article 6
Article 6
Amendment 28 #
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
Amendment 31 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
Amendment 33 #
Proposal for a regulation
Article 8 – paragraph 8
Article 8 – paragraph 8
Amendment 34 #
Proposal for a regulation
Article 14 – paragraph 5
Article 14 – paragraph 5
5. The Commission, assisted by the Agency, and the Member States shall advise and assist importing Parties, upon request and as appropriate, in obtaining further information needed to prepare a response to the Secretariat concerning the import of a given chemical.
Amendment 35 #
Proposal for a regulation
Article 14 – paragraph 7 – subparagraph 1
Article 14 – paragraph 7 – subparagraph 1
In the case of chemicals listed in Parts 2 or 3 of Annex I, the designated national authority of the exporter may, in consultation with the Commission assisted by the Agency and on a case- by-case basis, decide that the export may proceed if, after all reasonable efforts, no response to a request for explicit consent pursuant to paragraph 6(a) has been received within 60 days and there is evidence from official sources in the importing Party or other country that the chemical has been licensed, registered or authorised or that it has in the last 5 years been used in, or imported into the importing Party or importing other country and no regulatory action has been taken to prohibit its use.
Amendment 38 #
Proposal for a regulation
Article 14 – paragraph 7 – subparagraph 2
Article 14 – paragraph 7 – subparagraph 2
When deciding on the export of chemicals listed in Part 3 of Annex I, the designated national authority in consultation with the Commission assisted by the Agency shall consider the possible impact on human health or the environment of the use of the chemical in the importing Party or other country.
Amendment 40 #
Proposal for a regulation
Article 14 – paragraph 9
Article 14 – paragraph 9
Amendment 42 #
Proposal for a regulation
Article 16 – paragraph 3
Article 16 – paragraph 3
3. The designated national authority of the Member State shall forward to the Commission with a copy to the Agency, the information received from the exporter under paragraph 2 together with any additional information available.
Amendment 44 #
Proposal for a regulation
Article 18 – paragraph 1 – subparagraph 2
Article 18 – paragraph 1 – subparagraph 2
The Commission, and the Member States and the Agency shall act in a targeted and coordinated way in monitoring exporters' compliance with this Regulation.
Amendment 45 #
Proposal for a regulation
Article 19 – paragraph 4
Article 19 – paragraph 4
Amendment 46 #
Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 1
Article 20 – paragraph 1 – subparagraph 1
The Commission, assisted by the Agency, and the Member States shall, as appropriate, facilitate the provision of scientific, technical, economic and legal information concerning chemicals subject to this Regulation, including toxicological, ecotoxicological and safety information.
Amendment 47 #
Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 2 – introductory part
Article 20 – paragraph 1 – subparagraph 2 – introductory part
The Commission, with the support of the Member States and the Agency as necessary, shall, as appropriate, ensure:
Amendment 48 #
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
2. The Commission, and the Member States and the Agency shall protect any confidential information received from a Party or other country as mutually agreed.
Amendment 49 #
Proposal for a regulation
Article 20 – paragraph 3 – subparagraph 2
Article 20 – paragraph 3 – subparagraph 2
Amendment 50 #
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
The Commission, and the designated national authorities of the Member States and the Agency shall, taking into account in particular the needs of developing countries and countries with economies in transitionshall, where necessary and/or desirable, cooperate in promoting technical assistance, including training, for the development of the infrastructure, the capacity and the expertise necessary to manage chemicals properly throughout their lifecycles.
Amendment 51 #
Proposal for a regulation
Article 21 – paragraph 2
Article 21 – paragraph 2
In particular, and with a view to enabling those countries to implement the Convention, technical assistance shall be promoted by means of the provision of technical information concerning chemicals, the promotion of the exchange of experts, support for the establishment or maintenance of designated national authorities and the provision of technical expertise for the identification of hazardous pesticide formulations and for the preparation of notifications to the Secretariatexchange of best practices.
Amendment 52 #
Proposal for a regulation
Article 21 – paragraph 4
Article 21 – paragraph 4
The Commission and the Member States shall also consider givingby definition give no support to non- governmental organisations, given that, in financial terms, they are responsible for revenue and moreover obtain no demonstrable added value at this particular stage.
Amendment 53 #
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. Member States and the Agency shall regularly forward to the Commission information concerning the operation of the procedures provided for in this Regulation, including customs controls, infringements, penalties and remedial action, as appropriate.
Amendment 54 #
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
2. The Commission shall regularlyat least once a year compile a report on the performance of the functions provided for in this Regulation for which it is responsible and shall incorporate it in a synthesis report integrating the information provided by the Member States and the Agency under paragraph 1. A summary of that report, which shall be published on the Internet, shall be forwarded to the European Parliament and to the Council.
Amendment 55 #
Proposal for a regulation
Article 22 – paragraph 3
Article 22 – paragraph 3
3. As regards the information supplied pursuant to paragraphs 1 and 2, the Member States, the Agency and the Commission shall comply with relevant obligations to protect the confidentiality of data and ownership.
Amendment 56 #
Proposal for a regulation
Article 23 – paragraph 4
Article 23 – paragraph 4
4. The Commission and the national agencies of the Member States may, for the purpose of adapting this Regulation to technical progress, adopt, by means of delegated acts in accordance with Article 26, the following measures:
Amendment 57 #
Proposal for a regulation
Article 24
Article 24
Amendment 58 #
Proposal for a regulation
Article 24 – paragraph 1 – introductory part
Article 24 – paragraph 1 – introductory part
Amendment 59 #
Proposal for a regulation
Article 24 – paragraph 2 – subparagraph 1
Article 24 – paragraph 2 – subparagraph 1
Amendment 60 #
Proposal for a regulation
Article 24 – paragraph 3
Article 24 – paragraph 3
Amendment 63 #
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
The AgencyCommission shall specify formats and software packages and make them available free of charge on its website for any submission of information to the Ahrough the Member State national agencyies. Member States and other parties subject to this Regulation shall use those formats and packages in their submissions to the AgencyCommission pursuant to this Regulation.