46 Amendments of Simona BONAFÈ related to 2016/0023(COD)
Amendment 95 #
Proposal for a regulation
Citation 1
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 192(1) and Article 207 thereof,
Amendment 115 #
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.
Amendment 117 #
Proposal for a regulation
Recital 10
Recital 10
(10) The mercury export ban set out in Regulation (EC) No 1102/2008 of the European Parliament and of the Council39 should be complemented by restrictionsa ban on the import of mercury depending on the source, the intended use and the place of origin of mercuryfor uses other than disposal as waste. The national authorities designated in accordance with Regulation (EU) No 649/2012 of the European Parliament and of the Council40 should perform the administrative functions linked to the implementation of such restrictionmeasures. __________________ 39 Regulation (EC) No 1102/2008 of the European Parliament and of the Council of 22 October 2008 on the banning of exports of metallic mercury and certain mercury compounds and mixtures and the safe storage of metallic mercury (OJ L 304, 14.11.2008, p. 75). 40 Regulation (EU) No 649/2012 of the European Parliament and of the Council of 4 July 2012 concerning the export and import of hazardous chemicals (OJ L 201, 27.7.2012, p. 60).
Amendment 121 #
Proposal for a regulation
Recital 11
Recital 11
(11) The export, import and manufacturing of a range of mercury-added products not complying with the limits established by the applicable Union legislation, and accounting for a significant share of the use of mercury and mercury compounds within the Union and globally, should be prohibited.
Amendment 122 #
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) This Regulation should not prevent the export, import and manufacturing of medicinal products providing demonstrable significant health benefits where there are no mercury-free active substances available as alternatives.
Amendment 123 #
Proposal for a regulation
Recital 12
Recital 12
Amendment 130 #
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) In accordance with Article 193 TFEU, this Regulation should not prevent Member States from maintaining or introducing more stringent protective measures, provided that such measures are compatible with the Treaties and the Commission has been notified.
Amendment 136 #
Proposal for a regulation
Recital 14
Recital 14
(14) In the absence of relevant available mercury-free production processes, operating conditions for the production of sodium or potassium methylate or ethylate involving the use of mercuryThe production of sodium or potassium methylate or ethylate which involves the use of mercury should be prohibited. In the absence of relevant available mercury-free production processes for potassium methylate or ethylate, operating conditions and a phasing-out period for such production should be set.
Amendment 138 #
Proposal for a regulation
Recital 15
Recital 15
(15) The manufacturing and placing on the market of new mercury-added products and the establishment of new mercury- based manufacturing processes would increase the use of mercury and of mercury compounds and mercury emissions within the Union. Such new activities should therefore be prohibited unless an assessment of the risks and the benefits demonstrates that these uses would provide significant environmental and health benefits and that no technically and economically feasible mercury-free alternatives providing such benefits are available.
Amendment 144 #
Proposal for a regulation
Recital 17
Recital 17
(17) The use of dental amalgam in an encapsulated form and tshould be prohibited for the treatment of children and pregnant and breastfeeding women, and the phasing out of its use for the treatment of all patients and in the training of dental practitioners should also be an aim. The implementation of amalgam separators with a minimum retention efficiency should be made mandatory to protect dental practitioners and patients from mercury exposure and to ensure that resulting mercury waste are not released into the environment, but are collected and subjected to sound waste management. Given the size of the undertakings from the dentristry sector concerned by this change, it is appropriate to provide sufficient time to adapt to the new provision.
Amendment 150 #
Proposal for a regulation
Recital 17 a (new)
Recital 17 a (new)
(17a) Parties to the Minamata Convention have committed to take measures to encourage professional organisations and dental schools to educate and train dental professionals and students on the use of mercury-free dental restoration alternatives and on promoting best management practices; such measures should be taken into account when reviewing Directive 2005/36/EC of the European Parliament and of the Council1a. __________________ 1aDirective 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications (OJ L 255, 30.9.2005, p. 22).
Amendment 151 #
Proposal for a regulation
Recital 17 b (new)
Recital 17 b (new)
(17b) Permanent storage of metallic mercury should be avoided in order to ensure its non-availability as a commodity. In order to ensure its long- term safe disposal, metallic mercury should be transformed into a solidified form prior to permanent storage.
Amendment 152 #
Proposal for a regulation
Recital 17 c (new)
Recital 17 c (new)
(17c) Over 6 000 tonnes of metallic mercury waste will be generated in the Union by 2017, mainly as a result of the mandatory decommissioning of mercury cells in the chlor-alkali industry in accordance with Commission Implementing Decision 2013/732/EU1a. Given the limited available capacity for undertaking the solidification of liquid mercury waste, the temporary storage of liquid mercury waste should still be allowed under this Regulation, for a period of time sufficient to ensure the solidification of all such waste generated, but only in above ground facilities. __________________ 1aCommission Implementing Decision 2013/732/EU of 9 December 2013 establishing the best available techniques (BAT) conclusions, under Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions, for the production of chlor- alkali (OJ L 332, 11.12.2013, p. 34).
Amendment 154 #
Proposal for a regulation
Recital 18
Recital 18
Amendment 160 #
Proposal for a regulation
Recital 19
Recital 19
(19) In order to align Union legislation with Decisions of the Conference of the Parties of the Convention supported by the Union, the power to adopt acts in accordance with Article 290 of the TFEU should be delegated to the Commission in respect of amending the annexes to this Regulation and supplementing this Regulation with technical requirements for environmentally sound interim storage of mercury and mercury compounds. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing-up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council.
Amendment 161 #
Proposal for a regulation
Recital 20
Recital 20
(20) In order to ensure uniform conditions for the implementation of this Regulation with regard toThe power to adopt acts in accordance with Article 290 TFEU should also be delegated to the Commission in respect of prohibiting or allowing new mercury using products and processes and reporting obligations, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and the Council42. __________________ 42 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13)using mercury and in respect of setting technical requirements for environmentally sound interim storage of mercury, mercury compounds and mixtures of mercury.
Amendment 163 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation establishes measures and conditions concerning the trade, manufacture, use and interim storage of mercury, mercury compounds, mixtures, mercury- added products and the management of mercury waste.
Amendment 164 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1 a (new)
Article 2 – paragraph 1 – point 1 a (new)
1a. 'mercury compound' means any substance consisting of atoms of mercury and one or more atoms of other chemical elements that can be separated into different components only by chemical reactions;
Amendment 174 #
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 2
Article 4 – paragraph 1 – subparagraph 2
Amendment 180 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Without prejudice to stricter requirements set out in other applicable Union legislation, the export, import and the manufacturing in the Union of the mercury-added products as set out in Annex II shall be prohibited as from 1 January 2021the dates specified therein.
Amendment 184 #
Proposal for a regulation
Article 5 – paragraph 2 – indent 2 a (new)
Article 5 – paragraph 2 – indent 2 a (new)
- medicinal products, authorised to be marketed by a national competent authority at the date of entry into force of this Regulation, and providing demonstrable significant health benefits for which there are no technically feasible mercury-free alternatives.
Amendment 200 #
Proposal for a regulation
Article 8 – paragraph 3 – indent 2
Article 8 – paragraph 3 – indent 2
- an assessment of its environmental and health risks and benefits;
Amendment 201 #
Proposal for a regulation
Article 8 – paragraph 3 – indent 2 a (new)
Article 8 – paragraph 3 – indent 2 a (new)
- information on the absence of technically feasible mercury-free alternatives providing such benefits;
Amendment 204 #
Proposal for a regulation
Article 8 – paragraph 4 – subparagraph 1
Article 8 – paragraph 4 – subparagraph 1
Upon notification by the Member State concerned, the Commission shall verify in particular whether it has been demonstrated that the new mercury-added product or new manufacturing process would provide significant environmental and health benefits and that no technically and economically feasible mercury-free alternatives providing such benefits are available.
Amendment 213 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. From 1 January 20198 onwards dental amalgam shall only be used in an encapsulated form.
Amendment 217 #
Proposal for a regulation
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
1a. From 1 January 2018, dental amalgam shall not be used for the treatment of children under 12 years old and of pregnant and breastfeeding women.
Amendment 220 #
Proposal for a regulation
Article 10 – paragraph 1 b (new)
Article 10 – paragraph 1 b (new)
1b. The use of dental amalgam shall be phased-out by 31 December 2021.
Amendment 221 #
Proposal for a regulation
Article 10 – paragraph 1 c (new)
Article 10 – paragraph 1 c (new)
1c. By way of derogation from paragraphs 1a and 1b, the use of dental amalgam shall continue to be allowed only when deemed necessary by the dental practitioner.
Amendment 227 #
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. From 1 January 20198 onwards dental facilities shall be equipped with amalgam separators aimed at retaining and collecting amalgam particles. Those separators shall be maintained as required to ensure a high level of retentionretention of at least 95 % of the amalgam particles.
Amendment 250 #
Proposal for a regulation
Article 13 – paragraph -1 (new)
Article 13 – paragraph -1 (new)
-1. Mercury waste shall be permanently stored in solidified form in salt mines that are adapted for the disposal of mercury, or in deep underground hard rock formations providing a level of safety and confinement equivalent to that of such salt mines;
Amendment 252 #
Proposal for a regulation
Article 13 – paragraph 1 – introductory part
Article 13 – paragraph 1 – introductory part
1. By way of derogation from paragraph -1 and from point (a) of Article 5(3) of Directive 1999/31/EC, mercury waste may be stored in one of the following ways: temporarily stored in liquid form for up to five years subject to the specific requirements for the temporary storage of mercury waste, as laid down in Annexes I, II and III to that Directive, in above-ground facilities dedicated to and equipped for the temporary storage of mercury.
Amendment 259 #
Proposal for a regulation
Article 13 – paragraph 1 – point a
Article 13 – paragraph 1 – point a
Amendment 265 #
Proposal for a regulation
Article 13 – paragraph 1 – point b
Article 13 – paragraph 1 – point b
Amendment 271 #
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
Amendment 289 #
Proposal for a regulation
Article 13 a (new)
Article 13 a (new)
Article 13a Information from storage and disposal operators of mercury waste 1. Operators of installations undertaking the temporary storage or the solidification of mercury waste shall, as part of the record keeping required under Article 35 of Directive 2008/98/EC, establish a register including the following information: (a) for each shipment of mercury waste received: (i) the origin and amount of mercury waste received; (ii) the name and contact details of the supplier; (b) for each shipment of solidified mercury waste leaving the installation: (i) the amount of solidified mercury waste and its mercury content; (ii) the destination and intended disposal operation of the solidified mercury waste; (iii) the certificate provided by the operator undertaking the permanent storage of the solidified mercury waste as referred to in paragraph2; (c) for each shipment of mercury waste leaving the temporary storage installation: (i) the amount of mercury waste and its mercury content; (ii) the destination and intended disposal operation of the mercury waste; (iii) the certificate provided by the operator undertaking the temporary storage of the mercury waste; (d) the amount of mercury waste stored at the installation at the end of each month. The operator of the installation shall transmit the register to the authority designated by the Member State every year, by 31 January. 2. Operators of installations undertaking the permanent storage of mercury waste shall, as soon as the disposal operation is completed, issue a certificate that the entire shipment of mercury waste has been placed into permanent storage in accordance with Directive 1999/31/EC, including information on the storage location.
Amendment 296 #
Proposal for a regulation
Article 15 – paragraph 1 – point d
Article 15 – paragraph 1 – point d
(d) a list of individual stocks of mercury, mercury compounds or mercury waste exceeding 50 metric tonnes, which are located in their territory, and, where Member States are made aware, a list of sources of mercury supply generating annual stocks of mercury exceeding 10 metric tonness well as the amount of mercury at each site.
Amendment 298 #
Proposal for a regulation
Article 15 – paragraph 1 – point d a (new)
Article 15 – paragraph 1 – point d a (new)
(da) a list of sources of mercury supply generating annual stocks of mercury exceeding 10 metric tonnes.
Amendment 313 #
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
It shall apply from 1st January 2018the date of its entry into force.
Amendment 314 #
Proposal for a regulation
Annex II – part A
Annex II – part A
Amendment 316 #
Proposal for a regulation
Annex II – part A
Annex II – part A
Amendment 317 #
Proposal for a regulation
Annex II – part A – paragraph 3
Annex II – part A – paragraph 3
Amendment 321 #
Proposal for a regulation
Annex II – part B
Annex II – part B
Amendment 323 #
Proposal for a regulation
Annex III – part 1 – point a
Annex III – part 1 – point a
(a) from 1 January 20198: acetaldehyde production
Amendment 326 #
Proposal for a regulation
Annex III – part 1 – point b
Annex III – part 1 – point b
(b) from 1 January 20198: vinyl chloride monomer production
Amendment 332 #
Proposal for a regulation
Annex III – part 1 – point b a (new)
Annex III – part 1 – point b a (new)
(ba) from 1 January 2018: sodium methylate and ethylate production
Amendment 334 #
Proposal for a regulation
Annex III – part 1 – point b b (new)
Annex III – part 1 – point b b (new)
(bb) from 1 January 2022: potassium methylate and ethylate production