2008/0165(COD) | [ParlTrack]

Proposal for a regulation
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

Leakages and emissions of controlled 1. Undertakings shall take all precautionary measures practicable to prevent and minimise any leakages of controlled substances. In particular, fixed equipment with a refrigerating fluid charge of more than 3 kg shall be checked for leakages annually. Member States shall define the minimum qualification requirements for the personnel involved. In the light of an evaluation of these measures taken by the Member States and of technical and other relevant information, the Commission, as appropriate, may adopt measures regarding the harmonisation of those minimum qualification requirements. 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). 2. Undertakings shall take all precautionary measures practicable to prevent and minimise any leakages of methyl bromide from fumigation installations and other operations in which methyl bromide is used. Member States shall define the minimum qualification requirements for the personnel involved. 3. Undertakings shall take all precautionary measures practicable to prevent and minimise any leakages and emissions of controlled substances used as feedstock and as processing agents. 4. Undertakings shall take all precautionary measures practicable to prevent and minimise any leakage and emissions of controlled substances inadvertently produced in the course of the manufacture of other chemicals. 5. The Commission may establish the technologies or practices to be used by undertakings to prevent and minimise any leakage and emissions of controlled substances. 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). Containment substances 1. Operators of the following stationary applications: refrigeration, air conditioning and heat pump equipment, including their circuits, equipment containing solvents or fire protection systems and fire extinguishers, which contain controlled substances listed in Annex I, shall, using all measures which are technically feasible and do not entail disproportionate cost: (a) prevent leakage of these gases; and (b) repair any detected leakage as soon as possible. 2. Operators of the applications referred to in paragraph 1 shall ensure that they are checked for leakage by certified personnel who comply with the minimum requirements of Article 5 of Regulation EC No 842/2006, or similar qualification, according to the following schedule: (a) applications containing 3 kg or more of controlled substances shall be 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) applications containing 30 kg or more of controlled substances shall be checked for leakage at least once every six months; (c) applications containing 300 kg or more of controlled substances shall be checked for leakage at least once every three months. The applications shall be checked for leakage within one month after a leak has been repaired to ensure that the repair has been effective. For the purposes of this paragraph, ‘checked for leakage’ means that the equipment or system is examined for leakage using direct or indirect measuring methods, focusing on those parts of the equipment or system most likely to leak. The direct and indirect measuring methods of checking for leakage shall be specified in the standard checking requirements referred to in paragraph 7. 3. Where a properly functioning appropriate leakage detection system is in place, the frequency of the checks required under paragraph 2(b) and (c) shall be halved. 4. In the case of fire protection systems where there is an existing inspection regime in place to meet ISO 14520 standard, these inspections may also fulfil the obligations of this Regulation as long as those inspections are at least as frequent. 5. Operators of the applications referred to in paragraph 1, containing 3 kg or more of controlled substances, shall maintain records on the quantity and type of controlled substances installed, any quantities added and the quantity recovered during servicing, maintenance and final disposal. They shall also maintain records of other relevant information including the identification of the company or technician who performed the servicing or maintenance, as well as the dates and results of the checks carried out under paragraphs 2, 3 and 4 and relevant information specifically identifying the separate stationary equipment of applications referred to in paragraph 2(b) and (c). These records shall be made available on request to the competent authority and to the Commission. 6. By 1 January 2011, the Commission shall establish, in accordance with the procedure referred to in Article 25(3), the standard leakage checking requirements for each of the applications referred to in paragraph 1 of this Article. 7. On the basis of the information received from Member States and in consultation with the relevant sectors, the Commission may establish minimum requirements and the conditions for mutual recognition in accordance with the procedure referred to in Article 25(3) in respect of training programmes and certification for the relevant personnel involved in installation, maintenance or servicing of the equipment and systems covered by Article 23(1) as well as for the personnel involved in the activities provided for in Articles 22 and 23.

Amendment 102 #

Proposal for a regulation
Article 23 – paragraph 2

2. Undertakings shall take all precautionary measures practicable to prevent and minimise any leakages of methyl bromide from fumigation installations and other operations in which methyl bromide is used. Member States shall define the minimum qualification requirements for the personnel involved. In the light of an evaluation of these measures taken by the Member States and of technical and other relevant information, the Commission, as appropriate, may adopt measures regarding the harmonisation of those minimum qualification requirements.

Amendment 103 #

Proposal for a regulation
Article 23 – paragraph 5 – subparagraph 1

5. TBy 1 January 2010 the Commission ~~may~~shall establish the technologies or practices or performance standards to be used by undertakings to prevent and minimise any leakage and emissions of controlled substances.

Amendment 104 #

Proposal for a regulation
Article 23 – paragraph 5 – subparagraph 1

5. The Commission ~~may~~should establish by 1 January 2010 the technologies or practices to be used by undertakings to prevent ~~and~~, minimise and monitor any leakage and emissions of controlled substances.

Amendment 105 #

Proposal for a regulation
Article 24 – paragraph 3

3. In the light of relevant scientific information, the Commission may include in Part B of Annex II any substances that are not controlled substances but that are found to have an ozone-depleting potential of 0.001 or more and an atmospheric life- time greater than 120 days. 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). Substances reported by the Parties under Decisions XIII/5, X/8 and IX/24 of the Protocol shall also be added to Annex II, Part B.

Amendment 106 #

Proposal for a regulation
Article 24 – paragraph 3

3. In the light of relevant scientific information, the Commission may include in Part B of Annex II any substances that are not controlled substances but that are found to have an ozone-depleting potential of 0.01 or more and an atmospheric life- time greater than sixty days. 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 107 #

Proposal for a regulation
Article 27 – paragraph 1

1. Every year before 31 March, each undertaking shall communicate to the Commission, sending a copy to the competent authority of the Member State concerned, the data listed in paragraphs 2 to 5 as specified below for each controlled substance and each new substance listed in Annex II Part A in respect of the period 1 January to 31 December of the preceding year.

Amendment 108 #

Proposal for a regulation
Article 27 – paragraph 2 – point g a (new)

(ga) data from self-monitoring for emissions and leakage occurred during the production process.

Amendment 109 #

Proposal for a regulation
Article 27 – paragraph 5 – point c a (new)

(ca) data from self-monitoring for emissions and leakage occurred during the destruction.

Amendment 110 #

Proposal for a regulation
Annex II – Part B – Table – row 1

~~C3H7Br 1-Bromopropane (n-propyl bromide) 0,02 – 0,10~~deleted

Amendment 111 #

Proposal for a regulation
Annex II – Part B – Table – row 3

~~CF3I Trifluoroiodomethane (trifluoromethyl iodide) 0,01 – 0,02~~deleted

Amendment 113 #

Proposal for a regulation
Annex III – point f

~~(f) use of carbon tetrachloride for the production of radio-labelled cyanocobalamin;~~deleted

Amendment 114 #

Proposal for a regulation
Annex VII – table – column 2 – row 3 – heading

Annex AI, Gp. I Annex BI, Gp.II, Gp.IV, Gp. V Annex CI, Gp. VIII

Amendment 115 #

Proposal for a regulation
Annex VII – table – column 3 – row 3 – heading

Halon (Annex AI, Gp. III)

Amendment 26 #

Evangelia TZAMPAZI

Proposal for a regulation
Recital 2

(2) It is established that continued emissions of ozone-depleting substances at current levels continue to cause significant damage to the ozone layer. Ozone depletion in the southern hemisphere reached unprecedented levels in 1998. In three out of four recent springs severe ozone depletion has occurred in the Arctic region. There is clear evidence of a decrease in the atmospheric burden of ozone depleting substances and some early signs of stratospheric ozone recovery have been observed. However, the recovery of the ozone layer to concentration level existing before 1980 is not projected to take place before the middle of the 21st century. Increased UV-B radiation resulting from ozone depletion therefore persists as a significant threat to health and environment. At the same time, these substances have high global warming potential and are contributory factors towards increasing the temperature of the planet. Further efficient measures need therefore to be taken in order to protect human health and the environment against adverse effects resulting from such emissions and to avoid risking further delay in the recovery of the ozone layer.

Amendment 27 #

Proposal for a regulation
Recital 2 a (new)

(2a) Many ozone depleting substances (ODS) are greenhouse gases but are not controlled under the United Nations Framework Convention for Climate Change and its Kyoto Protocol under the assumption that the Montreal Protocol would phase-out ODS. Despite progress made in the Protocol, the task of phasing out ODS still needs to be completed in the European Union and globally. It is therefore desirable to minimise and eliminate the production and use of ODS wherever technically feasible alternatives are available.

Amendment 28 #

Proposal for a regulation
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 29 #

Proposal for a regulation
Recital 11

(11) The use of methyl bromide for quarantine and pre-shipment applications should also be controlled. The average levels of use during the period from 2005 to 2008 should not be exceeded and ultimately be reduced and phased-out by 2015, while in the meantime recuperation technologies should be applied In view of Regulation 2032/2003 which banned the use of methyl bromide as a biocide by 1 September 2006, and Commission Decision 2008/753/EC which banned the use of methyl bromide as a plant protection product by 18 March 2010 , the use of methyl bromide for quarantine and pre-shipment applications should also be banned by 18 March 2010.

Amendment 30 #

Proposal for a regulation
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 31 #

Proposal for a regulation
Recital 22

(22) Member States should carry out inspections on a risk-based approach in order to ensure compliance with all provisions of the Regulation, thus targeting those activities representing the highest risk of illegal trade or emission of controlled substances. The results of the inspections shall be published on the internet.

Amendment 32 #

Proposal for a regulation
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 a~~dopt measures to reduce the placing on the market and use of methyl bromide for quarantine and pre-shipment use~~mend 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 33 #

Proposal for a regulation
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 used as process agents, to adopt measures to reduce the placing on the market and use of methyl bromide for ~~quarantine and pre-shipment~~emergency uses , 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

(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 200~~6/12~~8/98/EC of the European Parliament and of the Council of ~~5 April~~19 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 35 #

Evangelia TZAMPAZI

Proposal for a regulation
Recital 27

(27) The Commission should be empowered to compile a list of products and equipment for which recovery, or destruction without prior recovery, of controlled substances shall be considered technically and economically feasible, and therefore mandatory. The Commission should also adopt an action plan which provides for incentives for withdrawing the substances in question and replacing them with safer alternatives.

Amendment 36 #

Proposal for a regulation
Article 2 – paragraph 1

1. This Regulation shall apply to the controlled substances, to new substances with proved ozone depleting potential (ODP) and to products and equipment containing or relying on controlled substances or new substances with proved ODP.

Amendment 37 #

Proposal for a regulation
Article 2 – paragraph 2

2. This Regulation shall not apply to insignificant quantities of any substance referred to in paragraph 1 , contained in any product or substance ~~and~~ that originates from inadvertent or coincidental production during a manufacturing process~~, from unreacted feedstock, or from use as a processing agent which is present in chemical substances as trace impurities, or that is emitted during product manufacture or handling~~.

Amendment 38 #

Proposal for a regulation
Article 3 – point 10

(10) ‘production’ means the amount of controlled substances produced , including the amount produced as by-product ~~, less the amount destroyed by technologies approved by the Parties . No amount recovered, recycled or reclaimed shall be considered as ‘production’~~,

Amendment 39 #

Proposal for a regulation
Article 3 – point 10

(10) ‘production’ means the amount of controlled substances produced , including the amount produced as by-product , less the amount destroyed by technologies approved by the Parties and less the amount entirely used as feedstock or as a processing agent in the manufacture of other chemicals. No amount recovered, recycled or reclaimed shall be considered as ‘production’,

Amendment 40 #

Proposal for a regulation
Article 3 – point 11

(11) ‘ozone-depleting potential’ means the figure specified in Annex I and II representing the potential depleting effect of each controlled substance or new substances on the ozone layer,

Amendment 41 #

Proposal for a regulation
Article 3 – paragraph 17

(17) ‘use’ means the utilisation of controlled substances or new substances in the production or maintenance, in particular refilling, of products or equipment or in other processes except for feedstock and processing agent uses,

Amendment 42 #

Proposal for a regulation
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 quality~~in order to meet a specified standard of performance equivalent to virgin material ,

Amendment 43 #

Proposal for a regulation
Article 3 – point 23

(23) ‘pre-shipment applications’ means treatments, other than quarantine applications, applied within 21 days prior to export to meet the requirements which are established by a national authority of the importing ~~or of~~country, or official requirements established before December 1995 in the exporting country.

Amendment 44 #

Proposal for a regulation
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 45 #

Proposal for a regulation
Article 4 – paragraph 2 – point b

(b) the calculated level of its production of hydrochlorofluorocarbons in the period from 1 January 2014 to 31 December 2014 and in each 12-month period thereafter does not exceed 14 3% of the calculated level of its production of hydrochlorofluorocarbons in 1997;

Amendment 46 #

Proposal for a regulation
Article 5 – paragraph 1

1. The placing on the market and the use of controlled substances ~~1 which are not in a product other than a container used for the transportation or storage of that substance shall be prohibited~~shall be prohibited except for the derogations listed elsewhere in this Regulation.

Amendment 47 #

Proposal for a regulation
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 48 #

Proposal for a regulation
Article 7 – paragraph 1

1. By way of derogation from Articles 4 and 5, controlled substances may be produced~~, placed on the market and used as feedstock~~ for the licensed export to Parties operating under Article 5 of the Montreal Protocol for essential uses.

Amendment 49 #

Proposal for a regulation
Article 7 – paragraph 1

1. By way of derogation from Articles 4 and 5, controlled substances may be produced, in addition to the production levels set out in Article 4(2), placed on the market and used as feedstock.

Amendment 50 #

Proposal for a regulation
Article 7 – paragraph 2

Amendment 51 #

Proposal for a regulation
Article 7 – paragraph 3

3. 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).deleted

Amendment 52 #

Proposal for a regulation
Article 7 – paragraph 2

2. Controlled substances produced or placed on the market as feedstock 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 feedstock. All instances of use as feedstock and the quantity and quality of the substances used shall be indicated to the competent authorities of the Member State. Based on this information, the Commission shall monitor all use throughout Europe and publish the details of this on the internet.

Amendment 53 #

Proposal for a regulation
Article 7 a (new)

Article 7 a Annual review of derogations The Commission shall review the derogations and exemptions annually, and shall remove derogations or exemptions for the specific uses where there are technically and economically feasible alternatives. 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 54 #

Proposal for a regulation
Article 8 – paragraph 1

1. By way of derogation from Article 4 and 5, controlled substances may be produced, in addition to the production levels set out in Article 4(2), placed on the market and used as processing agents.

Amendment 55 #

Proposal for a regulation
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

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 concerned~~for 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 57 #

Proposal for a regulation
Article 8 – paragraph 4 – subparagraph 2

In the light of new information or technical developments, the Commission ~~may~~shall amend Annex III referred to in Article 23(8) .

Amendment 58 #

Proposal for a regulation
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 59 #

Proposal for a regulation
Article 10 – paragraph 3

3. Controlled substances produced or placed on the market for essential laboratory and analytical uses may only be used for that purpose or 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)

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 61 #

Proposal for a regulation
Article 10 – paragraph 4

4. Any person 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. All instances of use and the quantity and quality of the substances used shall be indicated to the competent authorities of the Member State. Based on this information, the Commission shall monitor all use throughout Europe and publish this in detail on the internet.

Amendment 62 #

Proposal for a regulation
Article 10 – paragraph 4

4. Any ~~pers~~institution 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

5. By the date specified in a notice issued by the Commission, producers and importers supplying the ~~pers~~institutions 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

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 65 #

Proposal for a regulation
Article 10 – paragraph 6 – subparagraph 2 a (new)

The Commission shall determine minimum allocation levels for companies based upon licenses awarded for laboratory and analytical uses in the period 2005-2007.

Amendment 66 #

Proposal for a regulation
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, a~~nd a~~ir-conditioning equipment and reversible air-conditioning/heat pump systems equipment provided that they have been recovered from such equipment byat the ~~undertaking concern~~same site where the recovered substance is used.

Amendment 67 #

Proposal for a regulation
Article 11 – paragraph 2 – subparagraph 2

Until 31 December 2014, recycled hydrochlorofluorocarbons may be used for the maintenance and servicing of existing refrigeration and air-conditioning equipment provided that they have been recovered from any such equipment within the European Union by the undertaking concerned, to be used in any such equipment of the same undertaking within the European Union. The plant logbook will provide legal evidence with regards to the origin as well as the re-use of such recycled substances.

Amendment 68 #

Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 2

Methyl bromide may only be used on sites approved by the competent authorities of the Member State concerned and under the condition that methyl bromide released from the consignment is recovered with a recovery rate of at least [80 %]. All instances of the use of methyl bromide shall be indicated to the competent authorities of the Member State. Based on this information, the Commission shall monitor all use throughout Europe and publish this in detail on the internet.

Amendment 69 #

Proposal for a regulation
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 70 #

Simon BUSUTTIL

Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 1

2. TEach year the Commission ~~may~~shall review the critical uses listed in Annex VI and adopt modifications and time-frames for phase- out by defining end dates , taking into account, especially in the case of industries which have stringent safety and engineering performance requirements, the availability of both, technically and economically feasible alternatives or technologies that are acceptable from the standpoint of environment and health.

Amendment 71 #

Martin CALLANAN

Proposal for a regulation
Article 14 a (new)

Article 14a 1. By way of derogation from Articles 4 and 5, controlled substances may be produced for the licensed export to Parties operating under Article 5 of the Montreal Protocol for essential uses.

Amendment 72 #

Proposal for a regulation
Article 15 – paragraph 1

1. Imports of controlled substances ~~which are not in a product other than a container used for the transportation or storage of these substances and of products and equipment, other than personal effects,~~and of products and equipment containing or relying on those substances shall be prohibited, with the exception of personal effects.

Amendment 73 #

Proposal for a regulation
Article 15 – paragraph 2 – point c

Amendment 74 #

Proposal for a regulation
Article 15 – paragraph 2 – point g a (new)

(ga) Controlled substances, when related to an inward-processing procedure, only if the controlled substances are to be used in the customs territory of the Community under the system of suspension provided for in Article 114(2) (a) of Regulation (EEC) No 2913/92, and under the condition that the compensating products are re-exported to a State where the production, consumption or import of that controlled substance is not prohibited. Approval shall be given by the competent authority of the Member State in which the inward-processing operation is to take place.

Amendment 75 #

Proposal for a regulation
Article 15 – paragraph 3

3. Imports referred to in paragraph 2, ~~with the exception of~~ imports for temporary storage as referred to in Regulation (EC) No 450/.2008, ~~including~~ transhipment, ~~or for~~ transit through the Community, or similar actions shall be subject to the presentation of a~~n import~~ licence. ~~Those licences shall be issued by the Commission after verification of compliance with Articles 16 and 20 .~~

Amendment 76 #

Proposal for a regulation
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 77 #

Proposal for a regulation
Article 16 – paragraph 1 – subparagraph 1

1. The release for free circulation in the Community of controlled substances imported from third countries shall be subject to quantitative limits. This requirement shall also apply to products and equipment containing or relying on ozone depleting substances. The Commission shall determine those limits and allocate quotas to undertakings for the period from 1 January to 31 December 2010 and for each 12-month period thereafter in accordance with the procedure referred to in Article 25(2).

Amendment 78 #

Proposal for a regulation
Article 16 – paragraph 1 – point b

(b) methyl bromide for either of the following uses: (i) emergency uses referred to in Article 12(5), (ii) until 31 December 2014 and subject to the quantitative limits for the placing on the market provided for in Article 12(2) for quarantine and pre-shipment applications;deleted

Amendment 79 #

Proposal for a regulation
Article 16 – paragraph 1 – point b

(b) methyl bromide for ~~either of the following uses: (i)~~ emergency uses referred to in Article 12~~(5), (ii) until 31 December 2014 and subject to the quantitative limits for the placing on the market provided for in Article 12(2) for quarantine and pre-shipment applications;~~,

Amendment 80 #

Proposal for a regulation
Article 17 – paragraph 1

1. Exports from the Community of controlled substances ~~which are not in a product other than a container used for the transportation or storage of these substances or products and equipment, other than personal effects,~~or products and equipment containing or relying on those substances shall be prohibited, with the exception of personal effects.

Amendment 81 #

Martin CALLANAN

Proposal for a regulation
Article 17 – paragraph 2 – point a

(a) controlled substances to satisfy essential uses ~~referred to in Article 10(2)~~ of Parties;

Amendment 82 #

Proposal for a regulation
Article 17 – paragraph 2 – point a

(a) controlled substances to satisfy essential uses ~~referred to in Article 10(2)~~ of Parties;

Amendment 83 #

Proposal for a regulation
Article 18 – paragraph 3 – point c – subpoint ii

(ii) the description and the CNombined Nomenclature (CN) code as laid down in Annex IV,

Amendment 84 #

Proposal for a regulation
Article 18 – paragraph 3 – point d

(d) iIn the case of imports or exports of products and equipment containing or relying on ~~halon or hydrochlorofluorocarbons~~controlled substances: (i) the type and nature of the equipment, (ii) for countable items the number of units and the quantity of the controlled substance per unit in metric kilograms, (iii) for uncountable items the total net mass in metric kilograms, (iv) the type and total quantity of ~~halon or hydrochlorofluorocarbons contained in metric kilograms~~each controlled substance, (v) the country/countries of final destination of the products and equipment, (vi) whether the controlled substance contained is virgin, reclaimed or waste, (vii) in the case of products and equipment containing or relying on halon, a declaration that they are to be exported for a specific critical use listed in Annex VI , (viii) in the case of products and equipment containing or relying on hydrochlorofluorocarbons, the reference to the Commission authorisation referred to in Article 17(3);

Amendment 85 #

Proposal for a regulation
Article 18 – paragraph 3 – point d – subpoint vi

(vi) whether the controlled substance contained is virgin, reclaimed, recycled or waste,

Amendment 86 #

Proposal for a regulation
Article 19 – paragraph 1

The Commission may adopt additional measures to those requested under Recommendation 2001/331/EC or described in Article 18 of this Regulation for the monitoring or control of controlled substances or new substances and of products and equipment containing or relying on controlled substances placed under temporary storage, including transhipment, in transit through and re- exported from the customs territory of the Community, on the basis of an evaluation of the potential risks of illegal trade linked to such movements, taking into account the socio-economic impacts of such measures.

Amendment 87 #

Proposal for a regulation
Article 19 – paragraph 1

The Commission may adopt additional measures for the monitoring or control of controlled substances or new substances and of products and equipment containing or relying on controlled substances, including those placed under temporary storage~~, including~~ transhipment, in transit through and re- exported from the customs territory of the Community, and other activities, on the basis of an evaluation of the potential risks of illegal trade linked to such movements, taking into account the environmental benefits and socio- economic impacts of such measures, and the existence of feasible alternatives.

Amendment 88 #

Proposal for a regulation
Article 21

The Commission shall make available for the guidance of the Member States’ customs authorities: (a) a list of products and equipment which might contain or rely on controlled substances ~~and of Combined Nomenclature code~~, (b) a list of the substances, products, equipment and uses which are permitted under this Regulation and related conditions for ~~guidance of the Member States' customs authorities~~requirements, and (c) a list of the substances, products and equipment that are not permitted under this Regulation. In each list the relevant Combined Nomenclature codes will be cited.

Amendment 89 #

Proposal for a regulation
Article 21

The Commission shall make available by 1 January 2010 a list of products and equipment which might contain or rely on controlled substances and of Combined Nomenclature codes for guidance of the Member States' customs authorities.

Amendment 90 #

Proposal for a regulation
Article 22 – paragraph 1

1. Controlled substances (including blowing agents in foam) contained in refrigeration, air-conditioning and heat pump equipment, equipment containing solvents or fire protection systems and fire extinguishers 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.~~ . Controlled substances that are permitted to be used for essential or critical uses under this Regulation may be recycled or reclaimed; all other controlled substances shall be destroyed. The Commission shall establish an Annex to the Regulation with performance standards which specify the level of recovery of ozone depleting substances in each category of product and equipment, and monitoring standards, reflecting best environmental practices.

Amendment 91 #

Proposal for a regulation
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 92 #

Proposal for a regulation
Article 22 – paragraph 1 a (new)

1a. Hydrochlorofluorocarbons contained in containers, used for the transportation or storage of these substances, which have been placed on the market and which can no longer be used, shall be recovered. The hydrochlorofluorocarbons may be exported, in compliance with Articles 17 and 18, or destroyed applying the technologies referred to in the first subparagraph.

Amendment 93 #

Martin CALLANAN

Proposal for a regulation
Article 22 – paragraph 1 a (new)

Amendment 94 #

Proposal for a regulation
Article 22 – paragraph 3 – subparagraph 2

TBy 1 January 2011 the Commission shall establish an Annex to this Regulation with a list of products and equipment for which the recovery or destruction without prior recovery shall be considered technically and economically feasible, specifying, if appropriate, the technologies to be applied.

Amendment 95 #

Proposal for a regulation
Article 22 – paragraph 3 – subparagraph 2

The Commission shall establish by 1 January 2010 an Annex to this Regulation with a list of products and equipment for which the recovery or destruction without prior recovery shall be considered technically and economically feasible, specifying~~, if appropriate,~~ the technologies to be applied.

Amendment 96 #

Linda McAVAN

Proposal for a regulation
Article 22 – paragraph 3 – subparagraph 2

The Commission shall establish an Annex to this Regulation with a list of products and equipment for which the recovery or destruction without prior recovery shall be considered technically and economically feasible, specifying, if appropriate, the technologies to be applied. Any proposal to establish such an Annex shall be accompanied and supported by a full economic assessment of the costs and benefits to all Member States.

Amendment 97 #

Evangelia TZAMPAZI

Proposal for a regulation
Article 22 – paragraph 3 – subparagraph 2 a (new)

The Commission shall also adopt an action plan, as of 1 January 2011, providing for incentives for withdrawing the substances in question and replacing them with safer alternatives.

Amendment 98 #

Proposal for a regulation
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 99 #