46 Amendments of Tudor CIUHODARU related to 2022/0100(COD)
Amendment 12 #
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. In order to reduce the risk of pyro- cumulonimbus formation from forest fires and the negative impact on the stratosphere and the ozone layer, Member States should establish binding action plans based on guidelines established by the Commission to reduce deliberate fires and tree burning in forests as much as possible.
Amendment 14 #
Proposal for a regulation
Recital 7
Recital 7
(7) In order to increase people’s 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.
Amendment 16 #
Proposal for a regulation
Recital 8
Recital 8
(8) Regulation (EC) No 1005/2009 and previous Union legislation, established more stringent control measures than required under the Protocol, requiring more restrictive rules on import and export. Air pollution in the form of nitrogen oxides (NOx) can harm the ozone layer and therefore more ambition is required at Union and Member State level to reduce the use of nitrogen fertilisers.
Amendment 19 #
Proposal for a regulation
Recital 12
Recital 12
(12) Halons Technical Options Committee (HTOC) established under the Protocol indicated that non-virgin halon stocks for critical uses might not be sufficient to meet the needs from 2030 onwards at global level. To avoid that new production of halons become necessary to meet future needs, it is important to take measures to increase the availability and adequate monitoring of stocks of halon recovered from equipment.
Amendment 23 #
Proposal for a regulation
Recital 14
Recital 14
(14) Restrictions set out in this Regulation regarding products and equipment containing ozone depleting substances should also cover products and equipment relying on or containing those substances in order to prevent circumventions of those restrictions.
Amendment 24 #
Proposal for a regulation
Recital 15
Recital 15
(15) It is important to ensure that ozone depleting substances are allowed to be placed on the market for the purpose of reclamation in the Union, provided that appropriate storage and transport conditions are in place. Ozone depleting substances and the products and equipment containing those substances or whose functioning relies upon those substances should also be allowed to be placed on the market for the purpose of destruction by technologies approved by the Parties or by technologies not yet approved but that are environmentally equivalent.
Amendment 27 #
Proposal for a regulation
Recital 18
Recital 18
(18) The export of products and equipment containing hydrochlorofluorocarbons may be exceptionally permitted in cases where it may be more beneficial to allow these products and equipment to end their natural life cycle in a third country than to be decommissioned and disposed of in the Union, provided that the required appropriate facilities, as well as the specialist staff to carry out such operations, are in place, so as to avoid any further environmental pollution.
Amendment 29 #
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 rigorously monitored, 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.
Amendment 30 #
Proposal for a regulation
Recital 20
Recital 20
(20) To avoid illegal trade of prohibited substances and products covered under this Regulation, the prohibitions established therein as well as the licensing requirements for trade should not only cover the entry of goods into the customs territory for release for free circulation in the Union, but also temporary storage and all other customs procedures established under Union customs law. LProvided that the required appropriate storage facilities are in place, licensing facilitations should be allowed for goods under temporary storage, in order to avoid unnecessary burden on operators and customs authorities.
Amendment 33 #
Proposal for a regulation
Recital 28
Recital 28
(28) The intentional release of ozone depleting substances into the atmosphere, where such release is unlawful, is a serious infringement of this Regulation and should be explicitly prohibited. All feasible measures should be taken by undertakings to reduce the unintentional release of ozone depleting substances into the atmosphere also considering their global warming potential. Thus, it is necessary to lay down provisions on the recovery of used ozone depleting substances from products and equipment and the prevention of leakages of such substances, provided that the required appropriate storage facilities are in place. Recovery obligations should also be extended to building owners and contractors when removing certain foams from buildings to maximise emissions reductions.
Amendment 39 #
Proposal for a regulation
Recital 37
Recital 37
(37) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission as regards to the establishment of a list of undertakings that may use ozone depleting substances as process agents as well as the maximum quantities to be used for make- up or for consumption, and maximum emission levels for each undertaking; the determination of essential and analytical uses for which production and import is permitted within a certain period and the specification of authorised users, the granting of derogations from the end-dates and cut-off dates established in relation to critical uses of halons; the authorisation of the temporary production, placing on the market, further supply and use of methyl bromide in emergency cases; the authorisation of the export of products and equipment containing hydrochlorofluorocarbons; the detailed arrangements for the declaration of conformity for pre-charged equipment and verification; the evidence to be provided on the destruction or recovery of trifluoromethane by production during the manufacturing of ozone depleting substances; the form and content of labelling requirements; the authorisation of trade with entities not covered by the Protocol; and the format for the submission of information by Member States on critical uses of halons and illegal trade, as well as the format and means of the information to be reported by undertakings in particular on production, import, export, storage, feedstock uses and destruction. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council28. __________________ 28 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).
Amendment 40 #
Proposal for a regulation
Recital 37 a (new)
Recital 37 a (new)
(37a) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission as regards to the establishment of a list of prohibited uses of ozone depleting substances as feedstock and maximum emission levels for each use.
Amendment 42 #
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 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, 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, storage, 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 Interinstitutional 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 44 #
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, storage and 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 use of products and equipment containing ozone depleting substances or whose functioning relies upon on those substances.
Amendment 49 #
Proposal for a regulation
Article 3 – paragraph 1 – point 6 a (new)
Article 3 – paragraph 1 – point 6 a (new)
(6a) 'producers' - means any natural or legal person producing controlled substances or new substances within the Union or who exploits heating or cooling systems, or fire defence system;
Amendment 50 #
Proposal for a regulation
Article 3 – paragraph 1 – point 9
Article 3 – paragraph 1 – point 9
(9) ‘reclamation’ means the reprocessing of an ozone depleting substance in order to match the performance that is equivalent to that of a virgin substance, taking into account its original intended use;
Amendment 53 #
Proposal for a regulation
Article 3 – paragraph 1 – point 12
Article 3 – paragraph 1 – point 12
(12) ‘virgin substances’ means substances which are the result of a technological process and which have not previously been used;
Amendment 55 #
Proposal for a regulation
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2a. Pyro-cumulonimbus formation from forest fires and burning trees and the negative impact on the stratosphere and the ozone layer shall be limited by binding national action plans based on guidelines established by the Commission.
Amendment 56 #
Proposal for a regulation
Article 4 – paragraph 2 b (new)
Article 4 – paragraph 2 b (new)
2b. Member States shall ensure ambition in reducing nitrogen fertilisers based on guidelines established by the Commission.
Amendment 57 #
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. shall be subject to quantitative limits and included in Annexes II and IV, based on a list established by the Commission. The Commission shall conduct an impact assessment study in order to establish the list, by 31 March 2025.
Amendment 61 #
Proposal for a regulation
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
The Commission shall, by means of implementing acts, establish a list and determine those quantitative limits and allocate quotas to undertakings for the period from 1 January to 31 December 2026 and for each 12-month period thereafter. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 28(2).
Amendment 63 #
Proposal for a regulation
Article 6 – paragraph 1 b (new)
Article 6 – paragraph 1 b (new)
Amendment 66 #
Proposal for a regulation
Article 6 – paragraph 1 c (new)
Article 6 – paragraph 1 c (new)
The Commission is empowered to adopt delegated acts in accordance with Article 29 to supplement this Regulation by establishing additional measures to those set out in this Regulation to set out quantitative limits of ozone depleting substances listed in Annex I used as feedstock within the Union.
Amendment 68 #
Proposal for a regulation
Article 6 – paragraph 1 d (new)
Article 6 – paragraph 1 d (new)
The Commission may, if appropriate, by means of implementing acts, establish a list of processes for which the use of ozone depleting substances listed in Annex I as feedstocks is prohibited and a maximum emission level for undertakings using ozone depleting substances listed in Annex I as feedstock. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 28(2).
Amendment 70 #
Proposal for a regulation
Article 6 – paragraph 1 e (new)
Article 6 – paragraph 1 e (new)
Controlled substances produced or placed on the market as feedstock may only be used for that purpose. As of 1 January 2026, containers of such substances shall be labelled with a clear indication that the substance may only be used as feedstock. Where such substances are required to be labelled in accordance with , or Regulation (EC) No 1272/2008, such indication shall be included in the label referred to in those Directives or in the supplemental information part of the label as referred to in Article 25(3) of that Regulation.
Amendment 75 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
(1) By way of derogation from Article 4(1), halons may be placed on the market and used for critical uses in accordance with Annex V. Halons may only be placed on the market and subsequently supplied or made available to another person within the Union for payment or free of charge by undertakings authorised by the competent authority of the Member State concerned to store halons for critical uses, provided that it can be demonstrated that appropriate containers and packaging are used for storage and transport purposes.
Amendment 79 #
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, 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 and provided that it can be demonstrated that appropriate containers and packaging are used for storage and transport purposes. Any unused quantities of methyl bromide shall be destroyed.
Amendment 83 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
(1) By way of derogation from Article 5(1), products and equipment for which the use of the respective ozone depleting substance is authorised in accordance with Article 8 or Article 9 may be placed on the market, subsequently supplied or made available to another person within the Union for payment or free of charge, provided that it can be demonstrated that appropriate containers and packaging are used for storage and transport purposes.
Amendment 91 #
Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 3 a (new)
Article 15 – paragraph 1 – subparagraph 3 a (new)
The Commission is empowered to adopt implementing acts to set out the evidentiary requirements to satisfy the requirements of this paragraph.
Amendment 109 #
Proposal for a regulation
Article 17 – paragraph 12 – subparagraph 1
Article 17 – paragraph 12 – subparagraph 1
Member States customs authorities shall designate or approve customs offices or other places and shall specify the route to those offices and places, in accordance with Articles 135 and 267 of Regulation (EU) No 952/2013, for the presentation to customs of ozone depleting substances listed in Annex I and of products and equipment containing those substances or whose functioning relies upon those substances at their entry into or at their exit from the customs territory of the Union. Those customs offices or places shall be sufficiently equipped with the storage and assessment facilities to carry out the relevant physical controls based on risk analysis, and shall be knowledgeable on matters related to the prevention of illegal activities under this Regulation.
Amendment 113 #
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, provided that the required appropriate containers and packaging are used, and the specialist staff to carry out the destruction, recycling or reclamation operations are in place.
Amendment 115 #
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Ozone depleting substances listed in Annex es I and 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 117 #
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. Member States shall ensure in this regard the appropriate upskilling for construction workers on sustainable working techniques to strengthen recovery, recycling and reclaim.
Amendment 124 #
Proposal for a regulation
Article 20 – paragraph 4
Article 20 – paragraph 4
4. Where recovery of the foams referred to in the first subparagraph is not technically feasible, the building owner or contractor shall draw up documentation providing evidence for the infeasibility of the recovery in the specific case, as well as for appropriate storage. Such documentation shall be retained for five years and shall be made available, upon request, to the competent authorities and the Commission.
Amendment 129 #
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 in all these operations.
Amendment 136 #
Proposal for a regulation
Article 21 – paragraph 3 b (new)
Article 21 – paragraph 3 b (new)
3b.. Undertakings operating refrigeration, air conditioning or heat pump equipment, or fire protection systems, including their circuits, which contain controlled substances shall ensure that the stationary equipment or systems with a fluid charge of: (a) 3 kg or more of controlled substances 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 controlled substances; (b) 30 kg or more of controlled substances are checked for leakage at least once every 6 months; (c) 300 kg or more of controlled substances are checked for leakage at least once every 3 months; and that any detected leakage is repaired as soon as possible and in any event within 14 days. The equipment or system shall be checked for leakage within 1 month after a leak has been repaired to ensure that the repair has been effective.
Amendment 138 #
Proposal for a regulation
Article 21 – paragraph 5
Article 21 – paragraph 5
5. Member StatesThe Commission shall establish theUnion minimum qualification requirements for the personnel carrying out activities referred to in paragraph 3in form of intensive/short term trainings for existing skilled personnel within installing companies, followed by certification of both companies and their personnel issued by national certification bodies, according to Commission Implementing Regulation (EU) 2015/20671a for the personnel carrying out activities referred to in paragraph 3. _________________________ 1a Commission Implementing Regulation (EU) 2015/2067 of 17 November 2015 establishing, pursuant to Regulation (EU) No 517/2014 of the European Parliament and of the Council, minimum requirements and the conditions for mutual recognition for the certification of natural persons as regards stationary refrigeration, air conditioning and heat pump equipment, and refrigeration units of refrigerated trucks and trailers, containing fluorinated greenhouse gases and for the certification of companies as regards stationary refrigeration, air conditioning and heat pump equipment, containing fluorinated greenhouse gases (OJ L 301, 18.11.2015, p. 28).
Amendment 140 #
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. The Commission is empowered to adopt delegated acts in accordance with Article 29 to amend Annex II with a view to updating it to include in that Annex any substances that are not covered by this Regulation but have been found by the Scientific Assessment Panel (‘SAP’), established under the Protocol, or by another recognised authority of equivalent stature to have a significant ozone- depleting potential.
Amendment 144 #
Proposal for a regulation
Article 24 – paragraph 1 – subparagraph 3 a (new)
Article 24 – paragraph 1 – subparagraph 3 a (new)
Each year 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).
Amendment 145 #
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
(2) The Commission and the competent authorities of the Member States shall take appropriate measures to protect the confidentiality of the information submitted to it in accordance with this Article and the conditions under which access to these data is granted.
Amendment 148 #
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. The competent authorities of Member States shall carry out regular checks to establish whether undertakings comply with their obligations under this Regulation.
Amendment 150 #
Proposal for a regulation
Article 26 – paragraph 3 – subparagraph 1
Article 26 – paragraph 3 – subparagraph 1
Checks referred to in paragraphs 1 and 2 shall include on-site visits of establishments with the appropriate frequency by maintaining the benchmarks set in Regulation (EC) No 1005/2009 and verification of relevant documentation and equipment.
Amendment 152 #
Proposal for a regulation
Article 27 – paragraph 3 – point d
Article 27 – paragraph 3 – point d
(d) the financial and social situation of the undertaking held responsible; , including the working conditions criteria according with the provisions of Directive 2009/104/EC of the European Parliament and of the Council1a; _______________ 1a Directive 2009/104/EC of the European Parliament and of the Council of 16 September 2009 concerning the minimum safety and health requirements for the use of work equipment by workers at work (second individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC (OJ L 260, 3.10.2009, p. 5).
Amendment 160 #
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
2. The power to adopt delegated acts referred to in Article 6(4), Article 7(4), Article 8(7), Article 9(3), 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 162 #
Proposal for a regulation
Article 29 – paragraph 3
Article 29 – paragraph 3
3. The delegation of power referred to in Article 6(4), Article 7(4), Article 8(7), Article 9(3), 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 164 #
Proposal for a regulation
Article 29 – paragraph 6
Article 29 – paragraph 6
6. A delegated act adopted pursuant to Article 6(4), Article 7(4), Article 8(7), Article 9(3), 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.