Activities of Rovana PLUMB 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 (24)
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 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 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 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 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 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 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 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 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 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.