Activities of Johannes BLOKLAND related to 2008/0165(COD)
Plenary speeches (2)
Substances that deplete the ozone layer (recast) (debate)
Substances that deplete the ozone layer (recast) (debate)
Reports (1)
REPORT Report on the proposal for a regulation of the European Parliament and of the Council on substances that deplete the ozone layer (recast) PDF (493 KB) DOC (598 KB)
Amendments (23)
Amendment 28 #
Proposal for a regulation
Recital 8
Recital 8
(8) Under Regulation (EC) No 2037/2000 the production and placing on the market of chlorofluorocarbons, other fully halogenated chlorofluorocarbons, halons, carbon tetrachloride, 1,1,1-trichloroethane, hydrobromofluorocarbons, bromochloromethane and methyl bromide have been phased out. , and the production and placing on the market of those substances and products and equipment containing those substances is thus prohibited. It is now also appropriate progressively to prohibit the use of those substances and of products and equipment containing such substances.
Amendment 30 #
Proposal for a regulation
Recital 18
Recital 18
(18) Council Directive 67/548/EEC of 27 June 1967 on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances and Directive 1999/45/EC of the European Parliament and of the Council of 31 May 1999 concerning the approximation of the laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous preparations require the labelling of substances classified as ozone depleting substances. As ozone depleting substances produced for feedstock uses as well as for laboratory and analytical uses and use as processing agents can be released for free circulation in the Community, they should be distinguished from those substances produced for other uses, in order to avoid any diversions of feedstock to other uses which are controlled under the Regulation. Furthermore, in order to inform end users and to facilitate the enforcement of the Regulation also products and equipment containing or relying on such substances should be so labelled during servicing and maintenance.
Amendment 32 #
Proposal for a regulation
Recital 25
Recital 25
(25) In particular, the Commission should be empowered to determine the format and content of labels for controlled substances for feedstock uses, to amend Annex III on processes for which controlled substances may be as well as for laboratory and analytical uses and used as processing agents, to adopt measures to reduce the placing on the market and use of methyl bromide for quarantine and pre-shipment usemend Annex III on processes for which controlled substances may be used as process agents, to amend Annex VI on critical uses of halons, to adopt additional monitoring and control measures on trade, to adopt requirements for products produced with controlled substances in countries not party to the Protocol, to amend Annex VII on destruction technologies, to establish a list with products and equipment from which the recovery and subsequent destruction of controlled substances shall be mandatory, to adopt minimum qualification requirements for personnel, to establish requirements for the prevention of emissions and leakages of controlled substances, to include new substances into Annex II and to amend reporting requirements for Member States and undertakings. Since those measures are of general scope and are designed to amend non-essential elements of this Regulation, inter alia by supplementing it with new non-essential elements, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.
Amendment 34 #
Proposal for a regulation
Recital 26
Recital 26
(26) Whereas significant amounts of ODS remain stored or “banked” in products and equipment (e.g. in insulation foams, refrigerants and air-conditioning systems). A legal framework should be put in place for the destruction of controlled substances. Directive 2006/128/98/EC of the European Parliament and of the Council of 5 April19 November 20068 on waste and repealing certain Directives1 and Council Directive 91/689/EEC of 12 December 1991 on hazardous waste provide for measures on the destruction of controlled substances. Decision No 1600/2002/EC of the European Parliament and of the Council of 22 July 2002 laying down the Sixth Community Environment Action Programme (6th EAP) provides in Article 8(2), point (iv) for the development of a directive on construction and demolition waste, which is essential for the destruction of ODS in insulation foams. In accordance with the Protocol only technologies approved by the Parties may be applied to the destruction of controlled substances. The relevant Decisions of the Parties should therefore be incorporated in this Regulation. 1 OJ L 114, 27.4.2006, p 9. OJ L 312, 22.22.2008, p 3.
Amendment 42 #
Proposal for a regulation
Article 3 – point 20
Article 3 – point 20
(20) ‘reclamation’ means the reprocessing and upgrading of a recovered controlled substance through such processes as filtering, drying, distillation and chemical treatment in order to restore the substance to a specified qualityin order to meet a specified standard of performance equivalent to virgin material ,
Amendment 44 #
Proposal for a regulation
Article 3 – point 23 a (new)
Article 3 – point 23 a (new)
(23a) ‘products and equipment relying on controlled substances’ means products and equipment which do not function without controlled substances, not including those products and equipment used for the production, processing, recovery, recycling, reclamation or destruction of controlled substances.
Amendment 47 #
Proposal for a regulation
Article 6
Article 6
The placing on the market and the use of products and equipment containing or relying on controlled substances shall be prohibited, with the exception of products and equipment for which the use of the respective controlled substance has been authorised in accordance with Aarticles 10, 11(1), (2) and (4) or 13 .
Amendment 55 #
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Controlled substances produced or placed on the market as processing agents may only be used for that purpose. Containers containing such substances shall be labelled with a clear indication that the substance may only be used as processing agent. The Commission may determine the form and content of the label to be used. Those measures, designed to amend non-essential elements of this Regulation, inter alia by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 25(3).
Amendment 56 #
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. The Commission may, in accordance with the procedure referred to in Article 25(2), establish a list of undertakings in which the use of controlled substances as processing agents shall be permitted, laying down , where appropriate, maximum quantities that may be used and emission levels for each of the undertakings concernedfor make-up or consumption (in accordance with the Montreal Protocol definitions), and emission levels for each of the undertakings concerned. The maximum amount of controlled substances that may be used as process agents within the Community shall not exceed 1 083 metric tonnes per year. The maximum amount of controlled substances that may be emitted from process agents uses within the Community shall not exceed 17 metric tonnes per year. In the light of new information or technical developments, the Commission may amend Annex IIVI referred to in Article 2(8) . Those measures, designed to amend non- essential elements of this Regulation, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 25(3).
Amendment 58 #
Proposal for a regulation
Article 9
Article 9
By way of derogation from Article 5, controlled substances and products and equipment containing controlled substances may be placed on the market for destruction within the Community in accordance with the requirements for destruction laid out in Article 22(1).
Amendment 60 #
Proposal for a regulation
Article 10 – paragraph 3 a (new)
Article 10 – paragraph 3 a (new)
3a. Containers containing such substances shall be labelled with a clear indication that the substance may only be used as essential laboratory and analytical use. The Commission may determine the form and content of the label to be used. Those measures, designed to amend non- essential elements of this Regulation, inter alia by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 25(3).
Amendment 62 #
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. Any persinstitution using controlled substances other than hydrochlorofluorocarbons for essential laboratory and analytical uses shall register with the Commission, indicating the substances being used, the purpose, the estimated annual consumption and the suppliers of those substances, and shall update that information when changes occur.
Amendment 63 #
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
5. By the date specified in a notice issued by the Commission, producers and importers supplying the persinstitutions referred to in paragraph 4 or using the controlled substances for their own account shall declare to the Commission the foreseen demand for the period specified in the notice, specifying the nature and quantities of controlled substances needed.
Amendment 64 #
Proposal for a regulation
Article 10 – paragraph 6 – subparagraph 2
Article 10 – paragraph 6 – subparagraph 2
The total quantity annually authorised under licences shall not exceed 1300% of the average of the calculated level of controlled substances which producers or importers placed on the market or used for their own account for essential laboratory and analytical uses in the years 2005 to 2008.
Amendment 66 #
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. By way of derogation from Article 5, until 31 December 2014, reclaimed hydrochlorofluorocarbons may be placed on the market and used for the maintenance and servicing of existing refrigeration, andir- conditioning equipment and reversible air- conditioning/heat pump systems equipment, provided that the container labelled with an indication that the substance has been reclaimed. Until 31 December 2014, recycled hydrochlorofluorocarbons may be used for the maintenance and servicing of existing refrigeration, and air-conditioning equipment and reversible air-conditioning/heat pump systems equipment provided that they have been recovered from such equipment byat the undertaking concernsame site where the recovered substance is used.
Amendment 69 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. By way of derogation from Article 5(1), recovered, recycled and reclaimed halons may be placed on the market and used for critical uses set out in Annex VI, under the condition that these halons only come from registered national halonbanks.
Amendment 76 #
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. Imports referred to in paragraph 2, with the exception of imports for temporary storage for less than 30 days as referred to in Regulation (EC) No 450/2008, including transhipment, or for transit through the Community, shall be subject to the presentation of an import licence. Those licences shall be issued by the Commission after verification of compliance with Articles 16 and 20 .
Amendment 78 #
Proposal for a regulation
Article 16 – paragraph 1 – point b
Article 16 – paragraph 1 – point b
Amendment 91 #
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. Controlled substances contained in refrigeration, air-conditioning and heat pump equipment, equipment containing solvents or fire protection systems and fire extinguishers, from all kind of users, including households, shall, during the servicing and maintenance of equipment or before the dismantling or disposal of equipment, be recovered for destruction by technologies approved by the Parties, listed in Annex VII, or be recovered for recycling or reclamation.
Amendment 94 #
Proposal for a regulation
Article 22 – paragraph 3 – subparagraph 2
Article 22 – paragraph 3 – subparagraph 2
Amendment 98 #
Proposal for a regulation
Article 22 – paragraph 3 – subparagraph 3 a (new)
Article 22 – paragraph 3 – subparagraph 3 a (new)
In preparing its proposal for the Annex, the Commission shall consult Member States and all interested parties as to the products and equipment to be identified.
Amendment 100 #
Proposal for a regulation
Article 22 – paragraph 5 – subparagraph 2
Article 22 – paragraph 5 – subparagraph 2
The Commission shall evaluate the measures taken by the Member States and may in the light of this evaluation and of technical and other relevant information, as appropriate,. Special attention shall be paid to insulation foams in buildings and also in relation to waste legislation. By 1 January 2011 the Commission shall adopt measures regarding those minimum qualification requirements.
Amendment 101 #
Proposal for a regulation
Article 23
Article 23