BETA

46 Amendments of Simona BONAFÈ related to 2016/0023(COD)

Amendment 95 #
Proposal for a regulation
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 192(1) and Article 207 thereof,
2016/07/18
Committee: ENVI
Amendment 115 #
Proposal for a regulation
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.
2016/07/18
Committee: ENVI
Amendment 117 #
Proposal for a regulation
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).
2016/07/18
Committee: ENVI
Amendment 121 #
Proposal for a regulation
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.
2016/07/18
Committee: ENVI
Amendment 122 #
Proposal for a regulation
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.
2016/07/18
Committee: ENVI
Amendment 123 #
Proposal for a regulation
Recital 12
(12) This Regulation should therefore have a twofold legal basis, Articles 192(1) and 207 of the TFEU, as it seeks to protect both the environment and human health and to ensure uniformity in respect of its trade aspects through the export and import prohibition and restrictions affecting mercury, mercury compounds and mercury-added products.deleted
2016/07/18
Committee: ENVI
Amendment 130 #
Proposal for a regulation
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.
2016/07/18
Committee: ENVI
Amendment 136 #
Proposal for a regulation
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.
2016/07/18
Committee: ENVI
Amendment 138 #
Proposal for a regulation
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.
2016/07/18
Committee: ENVI
Amendment 144 #
Proposal for a regulation
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.
2016/07/18
Committee: ENVI
Amendment 150 #
Proposal for a regulation
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).
2016/07/18
Committee: ENVI
Amendment 151 #
Proposal for a regulation
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.
2016/07/18
Committee: ENVI
Amendment 152 #
Proposal for a regulation
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).
2016/07/18
Committee: ENVI
Amendment 154 #
Proposal for a regulation
Recital 18
(18) Most of the criteria established in Council Directive 1999/31/EC41 for the temporary storage of mercury waste should apply to the permanent storage of mercury waste in underground storage facilities. The applicability of some of those criteria should depend on the specific characteristics of each underground storage facility, as determined by the competent authorities of the Member States in charge of the implementation of Directive 1999/31/EC. __________________ 41Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste (OJ L 182 of 16.7.1999, p. 1).deleted
2016/07/18
Committee: ENVI
Amendment 160 #
Proposal for a regulation
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.
2016/07/18
Committee: ENVI
Amendment 161 #
Proposal for a regulation
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.
2016/07/18
Committee: ENVI
Amendment 163 #
Proposal for a regulation
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.
2016/07/18
Committee: ENVI
Amendment 164 #
Proposal for a regulation
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;
2016/07/18
Committee: ENVI
Amendment 174 #
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 2
By way of derogation from the first subparagraph, import shall be allowed in any of the following circumstances: - the Convention and the exported mercury is not from primary mercury mining as set out in Article 3(3) and (4), of that Convention; - Party to the Convention has provided certification that the mercury is not from primary mercury mining and not from the chlor-alkali industry, and the importing Member State has granted its written consent to the import.deleted the exporting country is a Party to the exporting country not being a
2016/07/18
Committee: ENVI
Amendment 180 #
Proposal for a regulation
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.
2016/07/18
Committee: ENVI
Amendment 184 #
Proposal for a regulation
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.
2016/07/18
Committee: ENVI
Amendment 200 #
Proposal for a regulation
Article 8 – paragraph 3 – indent 2
- an assessment of its environmental and health risks and benefits;
2016/07/18
Committee: ENVI
Amendment 201 #
Proposal for a regulation
Article 8 – paragraph 3 – indent 2 a (new)
- information on the absence of technically feasible mercury-free alternatives providing such benefits;
2016/07/18
Committee: ENVI
Amendment 204 #
Proposal for a regulation
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.
2016/07/18
Committee: ENVI
Amendment 213 #
Proposal for a regulation
Article 10 – paragraph 1
1. From 1 January 20198 onwards dental amalgam shall only be used in an encapsulated form.
2016/07/18
Committee: ENVI
Amendment 217 #
Proposal for a regulation
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.
2016/07/18
Committee: ENVI
Amendment 220 #
Proposal for a regulation
Article 10 – paragraph 1 b (new)
1b. The use of dental amalgam shall be phased-out by 31 December 2021.
2016/07/18
Committee: ENVI
Amendment 221 #
Proposal for a regulation
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.
2016/07/18
Committee: ENVI
Amendment 227 #
Proposal for a regulation
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.
2016/07/18
Committee: ENVI
Amendment 250 #
Proposal for a regulation
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;
2016/07/18
Committee: ENVI
Amendment 252 #
Proposal for a regulation
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.
2016/07/18
Committee: ENVI
Amendment 259 #
Proposal for a regulation
Article 13 – paragraph 1 – point a
(a) temporarily stored for more than one year or permanently stored 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 those salt mines;deleted
2016/07/18
Committee: ENVI
Amendment 265 #
Proposal for a regulation
Article 13 – paragraph 1 – point b
(b) temporarily stored in above- ground facilities dedicated to and equipped for the temporary storage of mercury.deleted
2016/07/18
Committee: ENVI
Amendment 271 #
Proposal for a regulation
Article 13 – paragraph 2
2. The specific requirements for the temporary storage of mercury waste, as laid down indeleted Annexes I, II and III to Directive 1999/31/EC shall apply to the permanent storage facilities referred to in point (a) of paragraph 1 of this Article under the following conditions laid down in the following Annexes to that Directive: (a) fifth indents) and Annex II to Directive 1999/31/EC shall apply; (b) and sixth indents) and Annex III, Section 6, to Directive 1999/31/EC shall only apply where deemed appropriate by the competent authorities of the Member States in charge of implementing that Directive.Section 8 (first, third and Annex I, Section 8 (second, fourth
2016/07/18
Committee: ENVI
Amendment 289 #
Proposal for a regulation
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.
2016/07/18
Committee: ENVI
Amendment 296 #
Proposal for a regulation
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.
2016/07/18
Committee: ENVI
Amendment 298 #
Proposal for a regulation
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.
2016/07/18
Committee: ENVI
Amendment 313 #
Proposal for a regulation
Article 20 – paragraph 2
It shall apply from 1st January 2018the date of its entry into force.
2016/07/18
Committee: ENVI
Amendment 314 #
Proposal for a regulation
Annex II – part A
[...] Double standards for internal and external markets should not applydeleted Or. en Justification.
2016/07/18
Committee: ENVI
Amendment 316 #
Proposal for a regulation
Annex II – part A
1. Batteries, except for button zinc silver oxide batteries with a mercury content < 2%, button zinc air batteries with a mercury content < 2%. Mercury-added products Date as from which the export, import and manufacturing of the mercury-added products shall be prohibited 1. Batteries or accumulators within the 31.12.2020 maximum levels of mercury content established by Directive 2006/66/EC of the European Parliament and of the Council1 2. Switches and relays, except very high 31.12.2020 accuracy capacitance and loss measurement bridges and high frequency radio frequency switches and relays in monitoring and control instruments with a maximum mercury content of 20 mg per bridge, switch or relay. 3. Compact fluorescent lamps (CFLs) for general lighting purposes that are ≤ 30 watts with a mercury content exceeding 5 mg per lamp burner. 4. The following linear fluorescent lamps (LFLs) for general lighting purposes: (a) Triband phosphor < 60 watts with a mercury content exceeding 5 mg per lamp; (b) Halophosphate phosphor ≤ 40 watts with a mercury content exceeding 10 mg per lamp. 5. High pressure mercury vapour lamps (HPMV) for general lighting purposes. 6. The following mercury added cold cathode fluorescent lamps and external electrode fluorescent lamps (CCFL and EEFL) for electronic displays: (a) short length (≤ 500 mm) with mercury content exceeding 3.5 mg per lamp; (b) medium length (> 500 mm and ≤ 1 500 mm) with mercury content exceeding 5 mg per lamp; (c) long length (> 1 500 mm) with mercury content exceeding 13 mg per lamp. 3. Lamps containing mercury within the 31.12.2020 maximum levels of mercury content established by Directive 2011/65/EU of the European Parliament and of the Council2. deleted deleted deleted 7. Cosmetics with mercury and mercury 31.12.2020 compounds, except those special cases included in Annex V entry 17 of Regulation (EC) No 1223/2009 of the European Parliament and of the Council.3 8. Pesticides, biocides and topical antiseptics. 31.12.2020 9. The following non-electronic measuring devices where no suitable mercury-free alternative is available: (a) barometers; (b) hygrometers; (c) manometers; (d) thermometers; (e) sphygmomanometers; This entry does not cover the following measuring devices: (a) non-electronic measuring devices installed in large-scale equipment or those used for high precision measurement; (b) measuring devices more than 50 years old on 3 October 2007; (c) measuring devices, which are to be displayed in public exhibitions for cultural and historical purposes. 31.12.2020 devices: (a) barometers; (b) hygrometers; (c) manometers; (d) thermometers; (e) sphygmomanometers; (e a) strain gauges to be used with plythysmographs; (e b) tensiometers This entry does not cover the following measuring devices: (a) non-electronic measuring devices installed in large-scale equipment or those used for high precision measurement where no suitable mercury-free alternative is available; (b) measuring devices more than 50 years old on 3 October 2007; (c) measuring devices, which are to be displayed in public exhibitions for cultural and historical purposes. 9 a. The following mercury using measuring 31.12.2020 devices intended for professional and industrial uses: (a) mercury pycnometers; (b) mercury metering devices for determination of the softening point; ------------------------------------------- 1Directive 2006/66/EC of the European Parliament and of the Council of 6 September 2006 on batteries and accumulators and waste batteries and accumulators and repealing Directive 91/157/EEC (OJ L 266, 26.9.2006, p.1) 2 Directive 2011/65/EU of 8 June 2011 of the European Parliament and of the Council on the restriction of the use of certain hazardous substances in electrical and electronic equipment (OJ L 174 1.7.2011, p. 88). 3Regulation (EC) No 1223/2009 of the European Parliament and of the Council of 30 November 2009 on cosmetic products (OJ L 342, 22.12.2009, p. 59). Or. en Justification. Double standards for internal and external markets should not apply.
2016/07/18
Committee: ENVI
Amendment 317 #
Proposal for a regulation
Annex II – part A – paragraph 3
Compact fluorescent lamps (CFLs) for general lighting purposes that are ≤ 30 watts with a mercury content exceeding 5 mg per lamp burner. Mercury-added products Date as from which the export, import and manufacturing of the mercury-added products shall be prohibited 3. Compact fluorescent lamps (CFLs) with a 31.12.2020 mercury content exceeding (per burner): (a) For general lighting purposes < 30 W: 2.5 mg (b) For general lighting purposes ≥ 30 W and < 50 W: 3.5 mg (c) For general lighting purposes ≥ 50 W and < 150 W: 5 mg (d) For general lighting purposes ≥ 150 W: 15 mg (e) For general lighting purposes with circular or square structural shape and tube diameter ≤ 17 mm: 7 mg (f) For special purposes: 5 mg (g) For general lighting purposes < 30 W with a lifetime equal or above 20.000h (allowed until 31 December 2017).
2016/07/18
Committee: ENVI
Amendment 321 #
Proposal for a regulation
Annex II – part B
[...] Double standards for internal and external markets should not applydeleted Or. en Justification.
2016/07/18
Committee: ENVI
Amendment 323 #
Proposal for a regulation
Annex III – part 1 – point a
(a) from 1 January 20198: acetaldehyde production
2016/07/18
Committee: ENVI
Amendment 326 #
Proposal for a regulation
Annex III – part 1 – point b
(b) from 1 January 20198: vinyl chloride monomer production
2016/07/18
Committee: ENVI
Amendment 332 #
Proposal for a regulation
Annex III – part 1 – point b a (new)
(ba) from 1 January 2018: sodium methylate and ethylate production
2016/07/18
Committee: ENVI
Amendment 334 #
Proposal for a regulation
Annex III – part 1 – point b b (new)
(bb) from 1 January 2022: potassium methylate and ethylate production
2016/07/18
Committee: ENVI