Activities of Anja HAZEKAMP related to 2022/0100(COD)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council on substances that deplete the ozone layer and repealing Regulation (EC) No 1005/2009
Amendments (33)
Amendment 8 #
Proposal for a regulation
Recital 1
Recital 1
(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 competitivsustainable 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 15 #
Proposal for a regulation
Recital 7
Recital 7
(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 18 #
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10a) 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 Regulation (EU)2022/...of the European Parliament and of the Council on fluorinated greenhouse gases, amending Directive (EU) 2019/1937 and repealing Regulation (EU) No 517/2014.
Amendment 20 #
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) The use of ozone depleting substances as feedstock 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 21 #
Proposal for a regulation
Recital 12 b (new)
Recital 12 b (new)
(12b) 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 41 #
Proposal for a regulation
Recital 38
Recital 38
(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 59 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
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 62 #
Proposal for a regulation
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
This derogation does not apply to feedstock uses for the production of plastics and pesticides.
Amendment 65 #
Proposal for a regulation
Article 6 – paragraph 1 b (new)
Article 6 – paragraph 1 b (new)
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. Those limits shall be no higher than 2019 levels and shall decrease to reach zero by 2030.
Amendment 67 #
Proposal for a regulation
Article 6 – paragraph 1 c (new)
Article 6 – paragraph 1 c (new)
Amendment 69 #
Proposal for a regulation
Article 6 – paragraph 1 d (new)
Article 6 – paragraph 1 d (new)
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 feedstock is prohibited.
Amendment 71 #
Proposal for a regulation
Article 6 – paragraph 1 e (new)
Article 6 – paragraph 1 e (new)
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 74 #
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
5. The recordundertakings referred to in paragraphs 3 and 4 shall be retained for a minimum period of five years and shall be made available, upon request,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 78 #
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
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 93 #
Proposal for a regulation
Article 15 – paragraph 1 a (new)
Article 15 – paragraph 1 a (new)
1a. 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 103 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
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 114 #
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
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 118 #
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
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 121 #
Proposal for a regulation
Article 20 – paragraph 3
Article 20 – paragraph 3
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 125 #
Proposal for a regulation
Article 20 – paragraph 6
Article 20 – paragraph 6
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 130 #
Proposal for a regulation
Article 20 – paragraph 9
Article 20 – paragraph 9
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 131 #
Proposal for a regulation
Article 21 – paragraph 2
Article 21 – paragraph 2
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 133 #
Proposal for a regulation
Article 21 – paragraph 3
Article 21 – paragraph 3
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 143 #
Proposal for a regulation
Article 24 – paragraph 1 – subparagraph -1 (new)
Article 24 – paragraph 1 – subparagraph -1 (new)
By 31 March [OP: Please insert the year of application of this Regulation], and every year thereafter, each undertaking that placed on the market ozone depleting substances shall submit to the Commission a report demonstrating compliance with Article 15(2), including information on the production facility of origin and evidence of abatement of trifluoromethane emissions
Amendment 146 #
Proposal for a regulation
Article 24 a (new)
Article 24 a (new)
Article 24a 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. That 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 149 #
Proposal for a regulation
Article 26 – paragraph 2 – subparagraph 1
Article 26 – paragraph 2 – subparagraph 1
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 156 #
Proposal for a regulation
Article 27 – paragraph 5 – subparagraph 1
Article 27 – paragraph 5 – subparagraph 1
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 fiveten times the market value of the concerned substances or products and equipment concerned. In case of a repeated infringement within a fivthree-year period, the Member States shall envisage maximum administrative fines of at least eightfifteen times the market value of the concerned substances or products and equipment concerned.
Amendment 158 #
Proposal for a regulation
Article 27 – paragraph 5 – subparagraph 2
Article 27 – paragraph 5 – subparagraph 2
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 159 #
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
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 161 #
Proposal for a regulation
Article 29 – paragraph 3
Article 29 – paragraph 3
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 163 #
Proposal for a regulation
Article 29 – paragraph 6
Article 29 – paragraph 6
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 167 #
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
By 1 January 203328, and every two years thereafter, the Commission shall publish a report on the implementation and effectiveness of this Regulation.
Amendment 170 #
Proposal for a regulation
Annex V – table
Annex V – table
CRITICAL USES OF HALONS Application Cut-off date End date (31 (31 December of December of the stated year) the stated year) Category of Purpose Type of Type of halon equipment or extinguisher facility 1.On military 1.1. For the Fixed system 1301 2010 20350 ground protection of 1211 vehicles engine 2402 compartments 1.2. For the Fixed system 1301 2011 20430 protection of 2402 crew compartments 2.On military 2.1. For the Fixed system 1301 2010 20430 surface ships protection of 2402 normally occupied machinery spaces 2.2. For the Fixed system 1301 2010 20350 protection of 1211 normally 2402 unoccupied engine spaces 2.3. For the Fixed system 1301 2010 2010 2030 protection of 1211 normally unoccupied electrical compartments 2.4. For the Fixed system 1301 2010 2030 protection of command centres 2.5. For the Fixed system 1301 2010 2030 protection of fuel pump rooms 2.6. For the Fixed system 1301 2010 2030 protection of 1211 flammable 2402 liquid storage compartments 3.On military 3.1. For the Fixed system 1301 2010 20430 submarines protection of machinery spaces 3.2. For the Fixed system 1301 2010 20430 protection of command centres 3.3. For the Fixed system 1301 2010 20430 protection of diesel generator spaces 3.4. For the Fixed system 1301 2010 20430 protection of electrical compartments 4.On aircraft 4.1. For the Fixed system 1301 2024 20430 protection of 1211 normally 2402 unoccupied cargo compartments 4.2. For the Portable 1211 2014 2025 protection of extinguisher 2402 cabins and crew compartments 4.3. For the Fixed system 1301 2014 2040 2030 protection of 1211 engine 2402 nacelles and auxiliary power units 4.4. For the Fixed system 1301 2011 20430 inerting of 2402 fuel tanks 4.6. For the Fixed system 1301 2011 20430 protection of