Activities of Pär HOLMGREN 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 (46)
Amendment 11 #
Proposal for a regulation
Recital 5
Recital 5
(5) There is clear evidence of a decrease in the atmospheric burden of ozone depleting substances and of stratospheric ozone recovery. However, the recovery of the ozone layeraccording to the European Environment Agency, the 2021 ozone hole was one of the larger and deeper ones in recent years and was larger than the average over the last five and ten years. The recovery of the ozone layer is still very fragile and recovery to the concentrations level existing before 1980 is not projected to take place before the middle of the 21st century. Therefore, increased UV-radiation persists as a significant threat to health and the environment. Avoiding the risk of further delays in the recovery of the ozone layer remains dependent on ensuring that existing obligations are fully implemented, as well asthat more action is taken, and that the necessary measures are in place to address any upcoming challenges swiftly and effectively.
Amendment 13 #
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 in this Regulation as well as on the labels of containers of ozone depleting substances. Where available, this information should include the global warming potential expressed both on a 100-year and 20-year timescale, to increase awareness about the short- term high global warming potential of some ozone depleting substances.
Amendment 17 #
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
Amendment 22 #
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
Amendment 25 #
Proposal for a regulation
Recital 16
Recital 16
(16) Non-refillable containers for ozone depleting substances, should be banned, considering that an amount of substance inevitably remains in these containers when emptied, which is then released into the atmosphere. In this respect, it is necessary to prohibit their import, placing on the market, subsequent supply or making available on the market, use, except for laboratory and analytical uses, and their export. To ensure that refillable containers are refilled instead of being discarded, when placing such containers on the market undertakings should be required to produce a declaration of conformity including evidence on the arrangements for return for the purpose of refilling.
Amendment 26 #
Proposal for a regulation
Recital 17
Recital 17
(17) Regulation (EC) No 1272/2008 of the European Parliament and of the Council24 provides for the labelling of substances classified as ozone depleting substances and the labelling of mixtures containing such substances. As it is allowed to release for free circulation in the Union market halon and methyl bromide, as well as other ozone depleting substances produced for feedstock, process agent, laboratory and analytical uses, those substances should be distinguished from substances that are produced for other uses. __________________ 24 Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures (OJ L 353, 31.12.2008, p. 1).
Amendment 28 #
Proposal for a regulation
Recital 19
Recital 19
(19) Given that the production process for some ozone depleting substances can result in emissions of the fluorinated greenhouse gas produced trifluoromethane as a by-product, such by-product emissions should be destroyed or recovered for subsequent use as a condition for the placing the ozone depleting substance on the market. Producers and importers should also be required to document measures adopted to prevent emissions of trifluoromethane during the production process and to provide proof of the destruction and recovery in line with the best available techniques. They should also be required to report on compliance with Article 15(2) under Article 24 and Annex VI.
Amendment 32 #
Proposal for a regulation
Recital 23
Recital 23
(23) To ensure that substances as well as products and equipment covered by this Regulation that have been imported illegally in the Union market does not re- enter the market, competent authorities should confiscate or seize these products for disposaland destroy them. Re-export of products not compliant with this Regulation should be prohibited in any event.
Amendment 34 #
Proposal for a regulation
Recital 28 a (new)
Recital 28 a (new)
(28a) The requirement to recover foams containing ozone depleting substances from building material could spur innovation and research and development on demolition, reclamation and recycling technologies and could have positive effects on employment due to the labour- intensiveness of the decommissioning process and the need for more treatment capacity for those types of wastes. However, that requirement could create some additional need for training specialised personnel in the relevant companies, which are often small and medium-sized enterprises. Member States should therefore establish minimum qualification requirements for the personnel involved and at the same time increase the availability of training programmes.
Amendment 35 #
Proposal for a regulation
Recital 28 b (new)
Recital 28 b (new)
(28b) The shift towards the use of alternatives to ozone depleting substances will spur green innovation and employment. Member States should however ensure a fair and just transition for the personnel employed by undertakings which will not succeed in the transition to such alternatives, leaving no one behind.
Amendment 36 #
Proposal for a regulation
Recital 32
Recital 32
(32) The Protocol requires reporting on trade in ozone depleting substances. Producers, importers and exporters of ozone depleting substances should therefore report annually on trade in ozone depleting substances. Trade in ozone depleting substances not yet covered by the Protocol (listed in Annex II), should also be reported in order to be able to assess the need to extend some or all of the control measures applicable for the substances listed in Annex I to also cover those substances.
Amendment 37 #
Proposal for a regulation
Recital 33 a (new)
Recital 33 a (new)
(33a) In its Communication of 14 October 2020 entitled “Improving access to justice in environmental matters in the EU and its Member States”, the Commission recognised that access to justice in environmental matters is not guaranteed in all Member States and called on the Council and the European Parliament to introduce explicit access to justice provisions in new and revised EU laws concerning environmental matters. This Regulation contains provisions which create equal conditions of access across the Union to national courts for members of the public who find that their public authorities are not in compliance with the obligations arising from it, in line with the Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (the “Aarhus Convention”).
Amendment 38 #
Proposal for a regulation
Recital 33 b (new)
Recital 33 b (new)
(33b) Whistle-blowers can bring new information to the attention of competent authorities which could help the competent authorities detect infringements of this Regulation and enable them to impose penalties. It should be ensured that adequate arrangements are in place to enable whistle-blowers to alert the competent authorities to actual or potential infringements of this Regulation and to protect the whistle- blowers from retaliation.
Amendment 43 #
Proposal for a regulation
Recital 40 a (new)
Recital 40 a (new)
Amendment 47 #
Proposal for a regulation
Article 3 – paragraph 1 – point 1
Article 3 – paragraph 1 – point 1
(1) ‘feedstock’ means any ozone depleting substance that undergoes chemical transformation in a process in which it is entirely converted from its original composition and emissions are insignificant;
Amendment 58 #
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 subject to the conditions laid down pursuant to Annex Ia and paragraphs 1a and 1b of this Article.
Amendment 60 #
Proposal for a regulation
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
The Commission is empowered to adopt delegated acts in accordance with Article 29 to amend Annex Ia with the purpose to: (a) set a schedule for reducing the maximum amount of ozone depleting substances that may be used as feedstock and set a maximum amount and a schedule for reducing that amount of ozone depleting substances that may be released from feedstock, taking into account scientific recommendations, technological developments resulting in the availability of technically feasible alternatives, and the availability of more precise data on the emissions from feedstock; (b) prohibit the use of ozone depleting substances for feedstock uses for which technically feasible alternatives exist.
Amendment 64 #
Proposal for a regulation
Article 6 – paragraph 1 b (new)
Article 6 – paragraph 1 b (new)
The Commission may, by means of implementing acts, establish a list of undertakings for which the use of ozone depleting substances listed in Annex I as feedstock subject to the conditions laid down pursuant to Annex Ia is permitted, laying down the maximum quantities that may be used as feedstock and maximum emission levels for each of the undertakings concerned. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 28(2).
Amendment 76 #
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. The Commission is empowered to adopt delegated acts in accordance with Article 29 to amend Annex V, where technically and economically feasible alternatives or technologies are available for the uses listed in that Annex ahead of the end dates specified in that Annex, or are not available for the uses listed in that Annex within the timeframes set out in that Annex V, or are not acceptable due to their impacts on environment or health, or where it is necessary to ensure compliance with the international commitments of the Union concerning critical uses of halons established in particular under the Protocol, the International Civil Aviation Organization (ICAO) or the International Convention for the Prevention of Pollution from Ships (MARPOL).
Amendment 77 #
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 mayshall include in those implementing acts reporting requirements, and mayshall 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 82 #
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Implementing acts referred to in paragraph 1 shall specify measures to be taken to reduce emissions of methyl bromide during use and apply for a period not exceeding 120 days and to a quantity not exceeding 20 metric tonnes of methyl bromide. The Commission mayshall include in those implementing acts reporting requirements and mayshall require submission of supporting evidence necessary for monitoring the use of methyl bromide, including evidence on the destruction of substances following the end of the derogation. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 28(2).
Amendment 86 #
Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 2
Article 13 – paragraph 2 – subparagraph 2
Amendment 90 #
Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 2
Article 15 – paragraph 1 – subparagraph 2
Any prohibited non-refillable containers referred to in the first subparagraph shall be confiscated, seized, withdrawn or recalled from the market and destroyed by the customs authorities or the market surveillance authorities for disposal. The re-export of prohibited non-refillable containers is prohibited.
Amendment 92 #
Proposal for a regulation
Article 15 – paragraph 1 a (new)
Article 15 – paragraph 1 a (new)
1a. Undertakings which place on the market refillable containers for ozone depleting substances shall produce a declaration of conformity that includes evidence confirming the arrangements in place for the return of that container for the purpose of refilling. They shall keep the declaration of conformity for a period of at least five years after the placing on the market of refillable containers and shall make it available, on request, to the competent authorities of the Member States and the Commission. The Commission may, by means of implementing acts, supplement this Regulation by determining the details of the declaration of conformity. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 28(2).
Amendment 94 #
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 2
Article 15 – paragraph 2 – subparagraph 2
For the purpose of submittingproviding that evidence, importers and producers shall draw up a declaration of conformity, verified by an accredited auditor, and join supporting documentation with: (a) information on the production facility and the mitigation measures adopted to prevent emissions of trifluoromethane. Producers and importers shall keep the declaration of conformity and supporting documenta; (b) the proof of availability and operation of the best available abatement technology at the production facility; (c) the proof of mitigation measures adopted to prevent emissions of trifluoromethane, in line with best available techniques; (d) the proof of destruction for a period of at least five years afrecovery of any quantity of emitterd the placing on the market and make them available, upon request, to national competent authorities and to the Commission. rifluoromethane, in line with best available techniques and in accordance with the requirements laid down in Article 20(7).
Amendment 95 #
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 3
Article 15 – paragraph 2 – subparagraph 3
The Commission mayshall, by means of implementing acts, determine the detailed arrangements relating to and the detailed elements of the declaration of conformity and supporting documentation referred to in the second subparagraph. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 28(2).
Amendment 97 #
Proposal for a regulation
Article 15 – paragraph 3 – subparagraph 2
Article 15 – paragraph 3 – subparagraph 2
Containers of ozone depleting substances shall be labelled. The label shall bear the accepted industry designation for the ozone depleting substance concerned or, if no such designation is available, the chemical name, the ozone depleting potential of the substance concerned, and, where available, its global warming potential expressed on a 100-year time- scale, and, where available, on a 20-year timescale. Containers containing the substances intended for the uses referred to in Articles 6, 7, 8, 9 and 810 shall be labelled with a clear indication that the substance may only be used for the applicable purpose. Where such substances are subject to labelling requirements provided for in Regulation (EC) No 1272/2008, such indication shall be included in the labels referred to in that Regulation. Reclaimed or recycled ozone depleting substances shall be labelled with an indication that the substance has been reclaimed or recycled, information on the batch number and the name and address of the reclamation or recycling facility in the Union. Where relevant, refilled containers shall be relabelled with updated information.
Amendment 104 #
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 products and equipment containing those substances or whose functioning relies upon those substances ('the licensing system').
Amendment 116 #
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Ozone depleting substances listed in Annex I 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 120 #
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 are avoided to the extent possible by recovery for reuse or destruction of the foams and the substances contained therein.
Amendment 123 #
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 are avoided to the extent possible by recovery for reuse or destruction of the foams and the substances contained therein.
Amendment 126 #
Proposal for a regulation
Article 20 – paragraph 6
Article 20 – paragraph 6
6. Ozone depleting substances listed in Annex I 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 127 #
Proposal for a regulation
Article 20 – paragraph 7
Article 20 – paragraph 7
7. Ozone depleting substances listed in Annex I and products and equipment containing such substances shall only be destroyed by technologies approved by the Parties to the Protocol or by destruction technologies that are not yet approved, but are environmentally equivalent and comply with Union and national legislation on waste and with additional requirements under such legislation.
Amendment 128 #
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 shall establish the minimum qualification requirements for the personnel involved. Member States shall ensure that training programmes for natural persons carrying out those tasks are available.
Amendment 132 #
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 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 134 #
Proposal for a regulation
Article 21 – paragraph 3
Article 21 – paragraph 3
3. Undertakings operating equipment containing ozone depleting substances listed in Annex I, shall ensure that any detected leakage is repaired without undue delay, without prejudice to the prohibition to use the ozone depleting substances.
Amendment 139 #
Proposal for a regulation
Article 21 – paragraph 5
Article 21 – paragraph 5
5. Member States shall establish the minimum qualification requirements for the personnel carrying out activities referred to in paragraph 3. Member States shall ensure that training programmes for natural persons carrying out those activities are available.
Amendment 141 #
Proposal for a regulation
Article 22 – paragraph 3
Article 22 – paragraph 3
3. The Commission is empowered to adopt delegated acts in accordance with Article 29 to amend Annexes I and II as regardsto update the global warming potential and the ozone depleting potential of the listed substances, where it is necessary in the light of new Assessments Reports by the Intergovernmental Panel on Climate Change or new reports of the SAP, established under the Protocol, and to add the global warming potential of those substances on a 20-year timescale.
Amendment 151 #
Proposal for a regulation
Article 26 a (new)
Article 26 a (new)
Article 26a Access to justice 1. Member States shall ensure that, in accordance with their national law, members of the public concerned who meet the conditions set out in paragraph 2, including natural or legal persons or their associations, organisations or groups, have access to a review procedure before a court of law, or another independent and impartial body established by law, to challenge the substantive or procedural legality of decisions, acts and omissions that fail to comply with the legal obligations provided for in this Regulation. For the purposes of this paragraph, an act or omission that fails to comply with legal obligations provided for in this Regulation includes an act or omission with respect to a measure adopted for the purposes of implementing those obligations, where that measure fails to make a sufficient contribution to such implementation. 2. Members of the public concerned shall be deemed to meet the conditions referred to in paragraph 1 where: (a) they have sufficient interest; or (b) they maintain impairment of a right, where administrative procedural law of a Member State requires that as a precondition. What constitutes a sufficient interest shall be determined by Member States consistently with the objective of giving the members of the public concerned wide access to justice and in conformity with the Aarhus Convention. To that end, the interest of any non-governmental organisation promoting environmental protection and meeting any requirements under national law shall be deemed to have sufficient interest for the purposes of this paragraph 3. 3. Paragraphs 1 and 2 shall not exclude the possibility of being able to have recourse to a preliminary review procedure before an administrative authority and shall not affect the requirement to exhaust administrative review procedures prior to having recourse to judicial review procedures, where such a requirement exists under national law. Any such procedure shall be fair, equitable, timely and not prohibitively expensive. 4. Member States shall ensure that practical information is made easily available to the public on access to administrative and judicial review procedures.
Amendment 157 #
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 maxinimum administrative fines of at least five times the market value of the concerned substances or products and equipment concerned. In case of a repeated infringement within a five-year period, the Member States shall envisage maxinimum administrative fines of at least eight times the market value of the concerned substances or products and equipment concerned.
Amendment 165 #
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
By 1 January 203327, the Commission shall publish a report on the implementation of this Regulation. The European Scientific Advisory Board on Climate Change established under Article 10a of Regulation(EC) No 401/2009 of the European Parliament and of the Council1a (the "Advisory Board") may, on its own initiative, provide scientific advice or issue reports on the coherence of this Regulation with the objectives of Regulation(EC) No 401/2009 and with the Union’s international commitments under the Paris Agreement, and inform any future review of this Regulation. The Commission shall provide public explanations on how it has taken into account such advice and reports when reviewing this Regulation. _________________ 1a Regulation (EC) No 401/2009 of the European Parliament and of the Council of 23 April 2009 on the European Environment Agency and the European Environment Information and Observation Network (OJ L 126, 21.5.2009, p. 13).
Amendment 168 #
Proposal for a regulation
Annex I a (new)
Annex I a (new)
The maximum amount of ozone depleting substances that may be used as feedstock within the Union shall not exceed 166 356 metric tonnes.
Amendment 175 #
Proposal for a regulation
Annex VI – point 5 – paragraph 1 – point a
Annex VI – point 5 – paragraph 1 – point a
(a) any quantities destroyed, including quantities contained in products or equipment and quantities destroyed as by- product, and the technology used for destruction;
Amendment 177 #
Proposal for a regulation
Annex VI – point 5 – paragraph 2
Annex VI – point 5 – paragraph 2
Each undertaking destroying ozone depleting substances listed in Annex I and not covered by point 2(e) of this Annex shall also communicate data on any purchases from and sales to other undertakings in the Union.
Amendment 179 #
Proposal for a regulation
Annex VI – point 6 – paragraph 1 – point c
Annex VI – point 6 – paragraph 1 – point c
(c) the types of feedstock uses and processes and any emissions, including those linked to transport and storage, including the transfer from one container to another.
Amendment 180 #
Proposal for a regulation
Annex VI – point 6 – paragraph 2
Annex VI – point 6 – paragraph 2
Each undertaking using as feedstock or process agents ozone depleting substances listed in Annex I shall also communicate data on any purchases from and sales to other undertakings in the Union.