Activities of Anna ZALEWSKA 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 31 #
Proposal for a regulation
Recital 21
Recital 21
(21) The licensing system on imports and exports of ozone depleting substances is an essential requirement under the Protocol for monitoring trade and preventing illegal activities in this respect. In order to ensure automatic, real-time, customs controls, at shipment level as well as an electronic exchange and storing of information on all shipments of substances and products and equipment covered by this Regulation presented to customs it is necessary to interconnect the electronic licensing system for ozone depleting substances with the European Union U Single Window Environment for Customs established by Regulation (EU) No …/… of the European Parliament and of the Council [full reference to be inserted once that Regulation has been adopted].25 Given this interconnection with the EuropeanAn adaptation period is required for this interconnection with the national customs authorities systems via the EU Single Windows Environment for Customs it is disproportionate to provide for a shipmas through this interconnection, the validity of licences will be automatically checked at customs for every single shipment. Until the EU Single Window Environment for Customs is fully operable in all Member States, the current licencsing system in the Unionshould continue. __________________ 25 Regulation (EU) No …/… of the European Parliament and of the Council establishing the European Union Single Window Environment for Customs and amending Regulation (EU) No 952/2013 OJ C , , p. [full reference to be added once that Regulation is adopted].
Amendment 45 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation lays down rules on the production, import, export, placing on the market, further supply as well as use, recovery, recycling, reclamation and destruction of ozone depleting substances, on the reporting of information related to those substances and on the import, export, placing on the market, further supply and usetilisation of products and equipment containing ozone depleting substances or whose functioning relies upon on those substances.
Amendment 48 #
Proposal for a regulation
Article 3 – paragraph 1 – point 5
Article 3 – paragraph 1 – point 5
(5) ‘placing on the market’ means the supplying or making available to another person within the Union, for the first time, for payment or free of charge, the customs release for free circulation in the Union, and the use of substances produced or the usetilisation of products or equipment manufactured for own upurposes;
Amendment 51 #
Proposal for a regulation
Article 3 – paragraph 1 – point 10 a (new)
Article 3 – paragraph 1 – point 10 a (new)
(10a) ‘container’ means a product which is designed primarily for transporting or storing ozone-depleting substances listed in Annex I;
Amendment 52 #
Proposal for a regulation
Article 3 – paragraph 1 – point 11
Article 3 – paragraph 1 – point 11
(11) ‘products and equipment’ means all products and equipment, including parts thereof, except containers, utilised for the transportation or storage of ozone depleting substances;
Amendment 54 #
Proposal for a regulation
Article 3 – paragraph 1 – point 12 a (new)
Article 3 – paragraph 1 – point 12 a (new)
(12a) ‘installation’ means joining two or more pieces of equipment or circuits containing or designed to contain ozone- depleting substances, with a view to assembling a system in the location where it will be operated;
Amendment 72 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The Commission may, by means of implementing acts, determine any essential laboratory and analytical uses for which the production and import of ozone depleting substances listed in Annex I may be permitted in the Union, the period for which the exemption is valid and those users which may take advantage of those essential laboratory and analytical uses. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 28(2).
Amendment 73 #
Proposal for a regulation
Article 8 – paragraph 4 – point b
Article 8 – paragraph 4 – point b
(b) amounts received from supplied orrs and used;
Amendment 80 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. In case of an emergency, where unexpected outbreaks of particular pests or diseases so require, the Commission may, at the request of the competent authority of a Member State, by means of implementing acts, and upon notification to the Ozone Secretariat in accordance with Decision IX/7 of the Parties to the Protocol, authorise the temporary production, placing on the market, and use of methyl bromide, provided that the placing on the market and use of methyl bromide are allowed respectively under Regulation (EC) No 1107/2009 and Regulation (EU) No 528/2012. Any unused quantities of methyl bromide shall be destroyed.
Amendment 81 #
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 may include in those implementing acts reporting requirements and may require submission of supporting evidence necessary for monitoring the use of methyl bromide, including evidence on the destruction of substancesmethyl bromide 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 84 #
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. Products and equipment containing ozone depleting substances listed in Annex I or whose functioning relies upon those substances shall be decommissioned when they reach the end of their life.
Amendment 85 #
Proposal for a regulation
Article 13 – paragraph 1 – point e a (new)
Article 13 – paragraph 1 – point e a (new)
(ea) ozone depleting substances placed on the market for reclamation pursuant to Article 12;
Amendment 87 #
Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 2
Article 13 – paragraph 2 – subparagraph 2
The licence referred to in the first subparagraph shall not be required in cases of temporary storage as laid out in Regulation (EU) No 952/2013.
Amendment 89 #
Proposal for a regulation
Article 14 – paragraph 3 – subparagraph 2
Article 14 – paragraph 3 – subparagraph 2
The licence referred to in the first subparagraph shall not be required in cases of re-export subsequent to temporary storage as laid out in Regulation (EU) No 952/2013.
Amendment 96 #
Proposal for a regulation
Article 15 – paragraph 3 – subparagraph 1
Article 15 – paragraph 3 – subparagraph 1
Ozone depleting substances listed in Annex I produced or placed on the market as feedstock, as process agents, for destruction or reclamation or for essential laboratory and analytical uses as referred to in Articles 6, 7, 8 and 812 may only be used for those purposes.
Amendment 98 #
Proposal for a regulation
Article 15 – paragraph 3 – subparagraph 2
Article 15 – paragraph 3 – subparagraph 2
Containers containholding the substances intended for the uses referred to in Articles 6, 7, 8 and 812 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.
Amendment 99 #
Proposal for a regulation
Article 15 – paragraph 3 – subparagraph 3 a (new)
Article 15 – paragraph 3 – subparagraph 3 a (new)
Undertakings that produce (including as by-products or side-products), place on the market, supply to a third person in the Union or receive from a third person in the Union ozone depleting substances listed in Annex I intended for use as feedstock or process agents, or intended to be destroyed or reclaimed, as well as undertakings that destroy or reclaim these substances or use these substances as feedstock or as process agents, are obliged to keep records containing at least the following information, as appropriate: (a) name of the substance; (b) quantity produced, imported, exported, reclaimed or destroyed during the given calendar year; (c) quantity supplied to any third person in the Union and received from any third person in the Union during the given calendar year, including names and contact details of these third persons and specifying quantities supplied to or received from each third person in the Union; (d) quantity used (specifying the actual use) during the given calendar year; (e) quantity stored on 1 January and 31 December of the given calendar year.
Amendment 100 #
Proposal for a regulation
Article 15 – paragraph 3 – subparagraph 3 b (new)
Article 15 – paragraph 3 – subparagraph 3 b (new)
Those records shall be kept for a minimum of five years and be made available to the Commission or competent authorities of the Member States concerned upon their request.
Amendment 101 #
Proposal for a regulation
Article 15 – paragraph 3 – subparagraph 3 c (new)
Article 15 – paragraph 3 – subparagraph 3 c (new)
The Commission and the competent authorities of the Member States concerned shall ensure the confidentiality of that information.
Amendment 102 #
Proposal for a regulation
Article 15 – paragraph 3 – subparagraph 3 d (new)
Article 15 – paragraph 3 – subparagraph 3 d (new)
The Commission may, by means of implementing acts, determine the format of records referred to in this paragraph. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 28(2).
Amendment 108 #
Proposal for a regulation
Article 17 – paragraph 11 – subparagraph 1
Article 17 – paragraph 11 – subparagraph 1
Customs authorities shall confiscate or seize substances, theozone depleting substances and products and equipment that are prohibited by this Regulation is prohibited for their disposal in accordance with Articles 197 and 198 of Regulation (EU) No 952/2013. Market surveillance authorities shall also withdraw or recall from the market such substances and products and equipment in accordance with Article 16 of Regulation (EU) No 2019/1020 of the European Parliament and the Council33 . __________________ 33 Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019 on market surveillance and compliance of products and amending Directive 2004/42/EC and Regulations (EC) No 765/2008 and (EU) No 305/2011 (OJ L 169, 25.6.2019, p. 1).
Amendment 111 #
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. Import and export of ozone depleting substances listed in Annex I and of products and equipment containing those substances or whose functioning relies upon those substances from and to any state or regional economic integration organisation that has not agreed to be bound by the provisions of the Protocol applicable to a particular controlled substanceozone depleting substance as listed in Annex I shall be prohibited.
Amendment 135 #
Proposal for a regulation
Article 21 – paragraph 3 a (new)
Article 21 – paragraph 3 a (new)
3a. Operators of refrigeration, air conditioning or heat pump equipment, or fire protection systems, including their circuits, which contain ozone depleting substances listed in Annex I shall ensure that the stationary equipment or systems with a fluid charge of: (a) 3 kg or more of ozone depleting substances listed in Annex I are checked for leakage at least once every 12 months; this shall not apply to equipment with hermetically sealed systems, which are labelled as such and contain less than 6 kg of ozone depleting substances; (b) 30 kg or more of ozone depleting substances listed in Annex I are checked for leakage at least once every six months; (c) 300 kg or more of ozone depleting substances are checked for leakage at least once every three months.
Amendment 137 #
Proposal for a regulation
Article 21 – paragraph 4
Article 21 – paragraph 4
4. Undertakings referred to in paragraph 3 and 3a shall retain records on the quantity and type of ozone depleting substances added and the quantity recovered during maintenance, or servicing and final disposal of the equipment or system. They shall also retain records of other relevant information including the identification of the company or technician which performed the maintenance or servicing, as well as the dates and results of the leakage checks carried out. These records shall be retained for a minimum period of five years and shall be made available, upon request, to the competent authority of a Member State and to the Commission.
Amendment 155 #
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 utilisation of products and equipment containing those substances or whose functioning relies upon those substances, Member States shall envisage maximum 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 maximum administrative fines of at least eight times the market value of the concerned substances or products and equipment concerned.
Amendment 169 #
Proposal for a regulation
Annex IV – point 2
Annex IV – point 2
2. Ozone depleting substances referred to in point 1 and mixtures containing those substances shall be supplied only in re-closable containers or high pressure cylinders smaller than three licubic decimetres or in 10 millilicubic centimetres or smaller glass ampoules, marked clearly as substances that deplete the ozone layer, restricted to laboratory and analytical uses and specifying that used or surplus substances are to be collected and recycled, if practical. The material shall be destroyed if recycling is not practical.
Amendment 171 #
Proposal for a regulation
Annex VI – point 2 – point f
Annex VI – point 2 – point f
(f) any stocks held at the beginning and the end of the reporting period;
Amendment 172 #
Proposal for a regulation
Annex VI – point 3 – point a
Annex VI – point 3 – point a
(a) any quantities released for free circulation in the Union, separately identifying imports for feedstock and process agent uses, for essential laboratory and analytical uses and for destruction. Importers which imported controlled substancesozone depleting substances listed in Annex I for destruction shall also communicate the actual final destination or destinations of each of the substances, providing separately for each destination the quantity of each of the substances and the name and address of destruction facility where the substance was delivered;
Amendment 173 #
Proposal for a regulation
Annex VI – point 3 – point d
Annex VI – point 3 – point d
(d) any stocks held at the beginning and the end of the reporting period;
Amendment 174 #
Proposal for a regulation
Annex VI – point 4 – point b
Annex VI – point 4 – point b
(b) any stocks held at the beginning and the end of the reporting period;
Amendment 176 #
Proposal for a regulation
Annex VI – point 5 – paragraph 1 – point b
Annex VI – point 5 – paragraph 1 – point b
(b) any stocks, held at the beginning and the end of the reporting period, waiting to be destroyed, including quantities contained in products or equipment;
Amendment 178 #
Proposal for a regulation
Annex VI – point 6 – paragraph 1 – point b
Annex VI – point 6 – paragraph 1 – point b
(b) any stocks held at the beginning and the end of the reporting period;
Amendment 181 #
Proposal for a regulation
Annex VII – point 2 – point c
Annex VII – point 2 – point c
(c) in the case of imports of controlled substances or products and equipmentozone depleting substances listed in Annex I or of products and equipment containing those substances for destruction, the name(s) and address(es) of the facility(ies) where they will be destroyed;