22 Amendments of Jean-François JALKH related to 2016/0023(COD)
Amendment 96 #
Proposal for a regulation
Recital 1
Recital 1
(1) Mercury is a highly toxic substance which represents a global and major threat to human health, including by. The contamination of thousands of people in Japan between 1932 and 1966, causing Minamata Disease, tragically illustrated the extreme harmfulness of this substance to health. Nowadays it is found in the form of methylmercury in fish and seafood resources, the ecosystems and wildlife. Due to the transboundary nature of mercury pollution, between 40% and 80% of total mercury deposition in the Union originates from outside of the Union and therefore warrants action at local, regional, national and international levels.
Amendment 101 #
Proposal for a regulation
Recital 2
Recital 2
(2) Most mercury emissions and associated exposure risks result from anthropogenic activities, including primary mercury mining and processing, the use of mercury in products, industrial processes and artisanal and small-scale gold mining ("ASGM") using mercury, and mercury emissions originating in particular from coal combustion and the management of mercury waste.
Amendment 106 #
Proposal for a regulation
Recital 5
Recital 5
(5) Significant progress has been achieved in the Union in the past 10 years in the field of mercury management, followingr example by means of the adoption of the Strategy and of a wide range of measures concerning mercury emissions, supply, demand and use and the management of mercury surplus and stocks.
Amendment 109 #
Proposal for a regulation
Recital 7
Recital 7
(7) The Union and 26 Member States have signed in Kumamoto on 11 October 2013 the Minamata Convention on Mercury ("the Convention").37 TUnlike the Union and all its Member States are therefore committed tos an organisation, Estonia and Portugal do not for the time being wish to be associated with its conclusion, transposition and implementation38. __________________ 37 https://treaties.un.org https://treaties.un.org 38 Council Decision XXX of XX/XX/XX on the conclusion of the Minamata Convention on Mercury (OJ L , , p. ).
Amendment 111 #
Proposal for a regulation
Recital 8
Recital 8
(8) Swift ratification of the Convention by the Union and its MemberEuropean States will encourage major global mercury users and emitters, that are signatories of the Convention, to ratify and implement it.
Amendment 113 #
Proposal for a regulation
Recital 9
Recital 9
(9) As Union legislation already transposes many of the obligations of the Convention, this Regulation should only lay down provisions that complement the Union acquis and that are needed to ensure its full alignment with the Convention and, accordingly, to enable the Union and its Member States to ratify and implement it. The sovereign wishes of Estonia and Portugal on this subject should be taken into account, while calling on those Member States, through constructive dialogue, to sign the Minamata Convention.
Amendment 162 #
Proposal for a regulation
Recital 24
Recital 24
(24) Since the objective of this Regulation, namely to ensure a high level of protection of human health and the environment from mercury, by means of a mercury and mercury-added product export and import prohibition, of restrictions on mercury use in manufacturing processes, products, ASGM, through the use of mercury, and dental amalgam and of obligations applicable to mercury waste, cannot be sufficiently achieved by Member States, but can rather, by reason of the transboundary nature of mercury pollution and the nature of the measures to be taken, be better achieved at Union level, the Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective,
Amendment 165 #
Proposal for a regulation
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
6. 'primary mercury mining' means mining in which the principal material sought is mercury. Mining must not be confused with more than insignificant ASGM and processing activities, which may give rise to the use of mercury and mercury compounds.
Amendment 189 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
The Commission shall adoptpropose decisions, by means of implementing acts, to specify the forms to be used for the purpose of implementing Articles 3 and 4.
Amendment 190 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
Amendment 206 #
Proposal for a regulation
Article 8 – paragraph 4 – subparagraph 2
Article 8 – paragraph 4 – subparagraph 2
The Commission shall adoptpropose decisions, by means of implementing acts, in view of specifying whether the relevant new mercury-added product or new manufacturing process is allowed.
Amendment 207 #
Proposal for a regulation
Article 8 – paragraph 4 – subparagraph 3
Article 8 – paragraph 4 – subparagraph 3
Amendment 291 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
Member States shall lay down the rules on penalties applicable to infringements of the provisions of this Regulation and shall take all measures necessary to ensure that they are applied. The penalties provided for must be effective, proportionate and dissuasive. The Member States shall notify those provisions to the Commission by [xxx] and shall notify it without delay of any subsequent amendment affecting them.
Amendment 292 #
Proposal for a regulation
Article 15 – paragraph 1 – point a
Article 15 – paragraph 1 – point a
Amendment 293 #
Proposal for a regulation
Article 15 – paragraph 1 – point b
Article 15 – paragraph 1 – point b
Amendment 302 #
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 2
Article 15 – paragraph 2 – subparagraph 2
Amendment 304 #
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 3
Article 15 – paragraph 2 – subparagraph 3
The Commission shall adoptpropose decisions, by means of implementing acts, to provide a template for those questionnaires and to make an electronic reporting tool available to the Member States.
Amendment 305 #
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 4
Article 15 – paragraph 2 – subparagraph 4
Amendment 309 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
The Commission shall be empowered to adopt delegated acts in accordance with Article 17 in order to amendpropose amendments to Annexes I, II, III and IV to Member States to transpose Decisions adopted by the Conference of the Parties to the Convention, where the Union has supported the Decision concerned.
Amendment 310 #
Proposal for a regulation
Article 17
Article 17
Amendment 311 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
Amendment 312 #
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2