2022/0100(COD) | [ParlTrack]

Proposal for a regulation
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)

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)

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 103 #

Proposal for a regulation
Article 16 – paragraph 1

1. The Commission shall set up and ensure the operation of the electronic licensing system for ozone depleting substances listed in Annex I and Annex II and products and equipment containing those substances or whose functioning relies upon those substances ('the licensing system').

Amendment 104 #

Proposal for a regulation
Article 16 – paragraph 1

1. The Commission shall set up and ensure the operation of the electronic licensing system for ozone depleting substances ~~listed in Annex I~~ and products and equipment containing those substances or whose functioning relies upon those substances ('the licensing system').

Amendment 105 #

Proposal for a regulation
Article 16 – paragraph 2 – subparagraph 2

Applications for licences shall be processed within 360 days. Licences shall be issued in accordance with the rules and procedures laid down in Annex VII.

Amendment 106 #

Proposal for a regulation
Article 16 – paragraph 5

5. Each undertaking that holds a licence shall, during the period of validity of the license, notify the Commission without undue delay of any changes which might occur during the period of validity of the licence in relation to the information submitted in accordance with Annex VII.

Amendment 107 #

Proposal for a regulation
Article 17 – paragraph 3 – introductory part

3. In cases of imports of ozone depleting substances listed in Annex I and of products and equipment containing those substances or whose functioning relies upartly or entirely on those substances the importer, or where not available the declarant, indicated in the customs declaration or in the temporary storage declaration and in cases of exports the exporter indicated in the customs declaration, shall provide to customs authorities in the declaration the following, where relevant:

Amendment 108 #

Proposal for a regulation
Article 17 – paragraph 11 – subparagraph 1

Customs authorities shall confiscate or seize ~~substances, the~~ozone 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 109 #

Proposal for a regulation
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 11 #

Proposal for a regulation
Recital 5

(5) There is clear evidence of a decrease in the atmospheric burden of ozone depleting substances and of stratospheric ozone recovery. However, ~~the recovery of the ozone layer~~according to the European Environment Agency, the 2021 ozone hole was one of the larger and deeper ones in recent years and was larger than the average over the last five and ten years. The recovery of the ozone layer is still very fragile and recovery to the concentrations level existing before 1980 is not projected to take place before the middle of the 21st century. Therefore, increased UV-radiation persists as a significant threat to health and the environment. Avoiding the risk of further delays in the recovery of the ozone layer remains dependent on ensuring that existing obligations are fully implemented, ~~as well as~~that more action is taken, and that the necessary measures are in place to address any upcoming challenges swiftly and effectively.

Amendment 110 #

Proposal for a regulation
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 necessary human and material resources 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 111 #

Proposal for a regulation
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 substance~~ozone depleting substance as listed in Annex I shall be prohibited.

Amendment 112 #

Proposal for a regulation
Article 19 – paragraph 3

3. By way of derogation from paragraph 1, trade with any state or regional economic integration organisation subject to paragraph 1 in ozone depleting substances listed in Annex I and equipment containing those substances or whose functioning relies upartly or entirely on those substances or which are produced by means of one or more such substances may be authorised by the Commission, by means of implementing acts, to the extent that the state or regional economic integration organisation is determined by a meeting of the Parties to the Protocol pursuant to Article 4(8) of the Protocol to be in full compliance with the Protocol and has submitted data to that effect as specified in Article 7 of the Protocol. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 28(2).

Amendment 113 #

Proposal for a regulation
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 114 #

Proposal for a regulation
Article 20 – paragraph 1

1. Ozone depleting substances listed in Annex I and Annex 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 115 #

Proposal for a regulation
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 116 #

Proposal for a regulation
Article 20 – paragraph 1

1. Ozone depleting substances ~~listed in Annex I~~ contained in refrigeration, air- conditioning and heat pump equipment, equipment containing solvents or fire protection systems and fire extinguishers shall, during the maintenance or servicing of equipment or before the dismantling or disposal of equipment, be recovered for destruction, recycling or reclamation.

Amendment 117 #

Proposal for a regulation
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 118 #

Proposal for a regulation
Article 20 – paragraph 2

Amendment 119 #

Proposal for a regulation
Article 20 – paragraph 2

Amendment 12 #

Proposal for a regulation
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 120 #

Proposal for a regulation
Article 20 – paragraph 2

Amendment 121 #

Proposal for a regulation
Article 20 – paragraph 3

3. Building owners and contractors shall ensure that during renovation, refurbishing or demolition activities implying the removal of foams in laminated boards installed in cavities or built-up structures that contain ozone depleting substances listed in Annex I and Annex II are avoided to the extent possible by recovery for reuse or destruction of the foams and the substances contained therein.

Amendment 122 #

Proposal for a regulation
Article 20 – paragraph 3

3. Building owners and contractors shall ensure that during renovation, refurbishing or demolition activities implying the removal of foams in laminated boards installed in cavities or built-up structures that contain ozone depleting substances listed in Annex I are avoided to the greatest extent possible by recovery for reuse or destruction of the foams and the substances contained therein.

Amendment 123 #

Proposal for a regulation
Article 20 – paragraph 3

3. Building owners and contractors shall ensure that during renovation, refurbishing or demolition activities implying the removal of foams in laminated boards installed in cavities or built-up structures that contain ozone depleting substances ~~listed in Annex I~~ are avoided to the extent possible by recovery for reuse or destruction of the foams and the substances contained therein.

Amendment 124 #

Proposal for a regulation
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 125 #

Proposal for a regulation
Article 20 – paragraph 6

6. Ozone depleting substances listed in Annex I and Annex II contained in products and equipment other than those mentioned in paragraphs 1 to 5 shall, if technically and economically feasible, be recovered for destruction, recycling or reclamation, or shall be destroyed without prior recovery.

Amendment 126 #

Proposal for a regulation
Article 20 – paragraph 6

6. Ozone depleting substances ~~listed in Annex I~~ contained in products and equipment other than those mentioned in paragraphs 1 to 5 shall, if technically and economically feasible, be recovered for destruction, recycling or reclamation, or shall be destroyed without prior recovery.

Amendment 127 #

Proposal for a regulation
Article 20 – paragraph 7

7. Ozone depleting substances ~~listed in Annex I~~ and products and equipment containing such substances shall only be destroyed by technologies approved by the Parties to the Protocol or by destruction technologies that are not yet approved, but are environmentally equivalent and comply with Union and national legislation on waste and with additional requirements under such legislation.

Amendment 128 #

Proposal for a regulation
Article 20 – paragraph 9

9. Member States shall promote the recovery, recycling, reclamation and destruction of ozone depleting substances ~~listed in Annex I~~ and shall establish the minimum qualification requirements for the personnel involved. Member States shall ensure that training programmes for natural persons carrying out those tasks are available.

Amendment 129 #

Proposal for a regulation
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 13 #

Proposal for a regulation
Recital 7

(7) In order to increase awareness on the global warming potential of ozone depleting substances, in addition to the ozone depleting potential of the substances, their respective global warming potential should also be listed in this Regulation as well as on the labels of containers of ozone depleting substances. Where available, this information should include the global warming potential expressed both on a 100-year and 20-year timescale, to increase awareness about the short- term high global warming potential of some ozone depleting substances.

Amendment 130 #

Proposal for a regulation
Article 20 – paragraph 9

9. Member States shall promote the recovery, recycling, reclamation and destruction of ozone depleting substances listed in Annex I and Annex II and shall establish the minimum qualification requirements for the personnel involved.

Amendment 131 #

Proposal for a regulation
Article 21 – paragraph 2

2. Undertakings shall take all necessary precautions to prevent and minimise any unintentional release of ozone depleting substances listed in Annex I and Annex II during production, including inadvertently produced in the course of the manufacture of other chemicals, equipment manufacturing process, use, storage and transfer from one container or system to another or transport.

Amendment 132 #

Proposal for a regulation
Article 21 – paragraph 2

2. Undertakings shall take all necessary precautions to prevent and minimise any unintentional release of ozone depleting substances ~~listed in Annex I~~ during production, including inadvertently produced in the course of the manufacture of other chemicals, equipment manufacturing process, use, storage and transfer from one container or system to another or transport.

Amendment 133 #

Proposal for a regulation
Article 21 – paragraph 3

3. Undertakings operating equipment containing ozone depleting substances listed in Annex I and Annex II, shall ensure that any detected leakage is repaired without undue delay, without prejudice to the prohibition to use the ozone depleting substances.

Amendment 134 #

Proposal for a regulation
Article 21 – paragraph 3

3. Undertakings operating equipment containing ozone depleting substances ~~listed in Annex I~~, shall ensure that any detected leakage is repaired without undue delay, without prejudice to the prohibition to use the ozone depleting substances.

Amendment 135 #

Proposal for a regulation
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 136 #

Proposal for a regulation
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 137 #

Proposal for a regulation
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 138 #

Proposal for a regulation
Article 21 – paragraph 5

5. ~~Member States~~The Commission shall establish ~~the~~Union minimum qualification requirements ~~for the personnel carrying out activities referred to in paragraph 3~~in 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 139 #

Proposal for a regulation
Article 21 – paragraph 5

5. Member States shall establish the minimum qualification requirements for the personnel carrying out activities referred to in paragraph 3. Member States shall ensure that training programmes for natural persons carrying out those activities are available.

Amendment 14 #

Proposal for a regulation
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 140 #

Proposal for a regulation
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 141 #

Proposal for a regulation
Article 22 – paragraph 3

3. The Commission is empowered to adopt delegated acts in accordance with Article 29 to amend Annexes I and II ~~as regards~~to update the global warming potential and the ozone depleting potential of the listed substances, where it is necessary in the light of new Assessments Reports by the Intergovernmental Panel on Climate Change or new reports of the SAP, established under the Protocol, and to add the global warming potential of those substances on a 20-year timescale.

Amendment 142 #

Proposal for a regulation
Article 22 – paragraph 3

3. The Commission is empowered to adopt delegated acts in accordance with Article 29 to amend Annexes I and II as regards the global warming potential and the ozone depleting potential of the listed substances, where it is necessary in the light of new Assessments Reports by the Intergovernmental Panel on Climate Change or, new reports of the SAP, established under the Protocol, or reports by another recognised agency of similar status.

Amendment 143 #

Proposal for a regulation
Article 24 – paragraph 1 – subparagraph -1 (new)

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), including information on the production facility of origin and evidence of abatement of trifluoromethane emissions

Amendment 144 #

Proposal for a regulation
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

(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 146 #

Proposal for a regulation
Article 24 a (new)

Article 24a Reporting by the Commission Each year by 30 September, the Commission shall report to the public the collated data from the records it received from the undertakings and the Member States. That report shall inter alia specify the quantities of the ozone depleting substances produced, used, imported and exported in the Union, the emissions from them, the number of checks carried out, the cases of illegal trade and the penalties imposed.

Amendment 147 #

Proposal for a regulation
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 148 #

Proposal for a regulation
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 149 #

Proposal for a regulation
Article 26 – paragraph 2 – subparagraph 1

The checks shall cover at least 10% of the relevant undertakings each year and be carried out following a risk-based approach, which takes into consideration, in particular, the history of compliance of undertakings, the risk of non-compliance of a specific product with this Regulation, and any other relevant information received from the Commission, national customs authorities, market surveillance authorities, environmental authorities and other authorities with inspection functions or from competent authorities of third countries.

Amendment 15 #

Proposal for a regulation
Recital 7

Amendment 150 #

Proposal for a regulation
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 151 #

Proposal for a regulation
Article 26 a (new)

Article 26a Access to justice 1. Member States shall ensure that, in accordance with their national law, members of the public concerned who meet the conditions set out in paragraph 2, including natural or legal persons or their associations, organisations or groups, have access to a review procedure before a court of law, or another independent and impartial body established by law, to challenge the substantive or procedural legality of decisions, acts and omissions that fail to comply with the legal obligations provided for in this Regulation. For the purposes of this paragraph, an act or omission that fails to comply with legal obligations provided for in this Regulation includes an act or omission with respect to a measure adopted for the purposes of implementing those obligations, where that measure fails to make a sufficient contribution to such implementation. 2. Members of the public concerned shall be deemed to meet the conditions referred to in paragraph 1 where: (a) they have sufficient interest; or (b) they maintain impairment of a right, where administrative procedural law of a Member State requires that as a precondition. What constitutes a sufficient interest shall be determined by Member States consistently with the objective of giving the members of the public concerned wide access to justice and in conformity with the Aarhus Convention. To that end, the interest of any non-governmental organisation promoting environmental protection and meeting any requirements under national law shall be deemed to have sufficient interest for the purposes of this paragraph 3. 3. Paragraphs 1 and 2 shall not exclude the possibility of being able to have recourse to a preliminary review procedure before an administrative authority and shall not affect the requirement to exhaust administrative review procedures prior to having recourse to judicial review procedures, where such a requirement exists under national law. Any such procedure shall be fair, equitable, timely and not prohibitively expensive. 4. Member States shall ensure that practical information is made easily available to the public on access to administrative and judicial review procedures.

Amendment 152 #

Proposal for a regulation
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 153 #

Proposal for a regulation
Article 27 – paragraph 3 – point e

(e) the economic benefits derived or expected to be derived from the infringement.

Amendment 154 #

Ondřej KNOTEK

Proposal for a regulation
Article 27 – paragraph 5 – subparagraph 1

In cases of unlawful production, import, export, placing on the market, or use of ozone depleting substances listed in Annex I or of products and equipment containing those substances or whose functioning relies upon those substances and which are without prejudice to Directive 2008/99/EC or national law, Member States shall envisage maximum administrative fines of at least ~~five~~six 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~~ten times the market value of the concerned substances or products and equipment concerned.

Amendment 155 #

Proposal for a regulation
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 156 #

Proposal for a regulation
Article 27 – paragraph 5 – subparagraph 1

In cases of unlawful production, import, export, placing on the market, or use of ozone depleting substances listed in Annex I or of products and equipment containing those substances or whose functioning relies upon those substances, Member States shall envisage maximum administrative fines of at least ~~five~~ten times the market value of the concerned substances or products and equipment concerned. In case of a repeated infringement within a ~~fiv~~three-year period, the Member States shall envisage maximum administrative fines of at least ~~eight~~fifteen times the market value of the concerned substances or products and equipment concerned.

Amendment 157 #

Proposal for a regulation
Article 27 – paragraph 5 – subparagraph 1

In cases of unlawful production, import, export, placing on the market, or use of ozone depleting substances listed in Annex I or of products and equipment containing those substances or whose functioning relies upon those substances, Member States shall envisage maxinimum administrative fines of at least five times the market value of the concerned substances or products and equipment concerned. In case of a repeated infringement within a five-year period, the Member States shall envisage maxinimum administrative fines of at least eight times the market value of the concerned substances or products and equipment concerned.

Amendment 158 #

Proposal for a regulation
Article 27 – paragraph 5 – subparagraph 2

In cases of infringements of Article 21(1), the potential impact on the climate shall be reflected ~~by taking into account the carbon price~~ in the determination of an administrative fine.

Amendment 159 #

Proposal for a regulation
Article 29 – paragraph 2

2. The power to adopt delegated acts referred to in Article 6 (1b) and (1d), Article 7(4), Article 8(7), Article 9(3), Article 15(1a), 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 16 #

Proposal for a regulation
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 160 #

Proposal for a regulation
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 161 #

Proposal for a regulation
Article 29 – paragraph 3

3. The delegation of power referred to in Article 6 (1b) and (1d), Article 7(4), Article 8(7), Article 9(3), Article 15(1a), 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 162 #

Proposal for a regulation
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 163 #

Proposal for a regulation
Article 29 – paragraph 6

6. A delegated act adopted pursuant to Article 6 (1b) and (1d), Article 7(4), Article 8(7), Article 9(3), Article 15(a), 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.

Amendment 164 #

Proposal for a regulation
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.

Amendment 165 #

Ondřej KNOTEK, Martin HOJSÍK

Proposal for a regulation
Article 30 – paragraph 1

By 1 January 203327, the Commission shall publish a report on the implementation of this Regulation. The European Scientific Advisory Board on Climate Change established under Article 10a of Regulation(EC) No 401/2009 of the European Parliament and of the Council1a (the "Advisory Board") may, on its own initiative, provide scientific advice or issue reports on the coherence of this Regulation with the objectives of Regulation(EC) No 401/2009 and with the Union’s international commitments under the Paris Agreement, and inform any future review of this Regulation. The Commission shall provide public explanations on how it has taken into account such advice and reports when reviewing this Regulation. _________________ 1a Regulation (EC) No 401/2009 of the European Parliament and of the Council of 23 April 2009 on the European Environment Agency and the European Environment Information and Observation Network (OJ L 126, 21.5.2009, p. 13).

Amendment 166 #

Proposal for a regulation
Article 30 – paragraph 1

By 1 January 20330, the Commission shall p~~ublish~~resent a report ~~on the implementation of this Regulation~~to the European Parliament and to the Council on the implementation of this Regulation. The Commission shall assess in particular the availability of alternatives to ozone depleting substances for which a derogation is granted under Articles 6, 7, 8 and 9. The Commission shall also assess the impact of this Regulation on the fight against the illegal trade of ozone depleting substances. Following the presentation of this report and the assessments requested, the Commission may, if appropriate, submit a legislative proposal.

Amendment 167 #

Proposal for a regulation
Article 30 – paragraph 1

By 1 January 203328, and every two years thereafter, the Commission shall publish a report on the implementation and effectiveness of this Regulation.

Amendment 168 #

Proposal for a regulation
Annex I a (new)

The maximum amount of ozone depleting substances that may be used as feedstock within the Union shall not exceed 166 356 metric tonnes.

Amendment 169 #

Proposal for a regulation
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 ~~millili~~cubic 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 17 #

Proposal for a regulation
Recital 9 a (new)

(9a) The Union's production of controlled ozone depleting substances in 2021 was higher than it had been during the previous ten years, having increased by 27% from 2020 to 2021. 90% of such increase is due to feedstock use. Feedstock use increased by 11% compared with 20201a. At the same time, emissions from feedstock uses could be underestimated1b. The amount of ozone depleting substances used in feedstock should be capped at 2021 level and the Commission should be empowered to propose lower caps over time, to progressively phase out such uses where alternatives exist. Alternatives already exist for 38% of all ozone depleting substances used for feedstock in the Union1c. Achieving lower amounts of ozone depleting substances used as feedstock should also be possible in light of the Union's zero pollution, non-toxic, and fully circular economy objectives, which will result in decreased use of polymers and agricultural chemicals whose manufacturing currently often relies on ozone depleting substances. __________________ 1a Ozone Depleting Substances 2022, European Environment Agency 1b "Narrowing feedstock exemptions under the Montreal Protocol has multiple environmental benefits", Stephen O. Andersen, et all. 2021: https://www.ncbi.nlm.nih.gov/pmc/articles /PMC8665836/ and "Unfinished business after five decades of ozone-layer science and policy", Susan Salomon et all. 2020 1c Impact Assessment, page 29

Amendment 170 #

Proposal for a regulation
Annex V – table

CRITICAL USES OF HALONS Application Cut-off date End date (31 (31 December of December of the stated year) the stated year) Category of Purpose Type of Type of halon equipment or extinguisher facility 1.On military 1.1. For the Fixed system 1301 2010 20350 ground protection of 1211 vehicles engine 2402 compartments 1.2. For the Fixed system 1301 2011 20430 protection of 2402 crew compartments 2.On military 2.1. For the Fixed system 1301 2010 20430 surface ships protection of 2402 normally occupied machinery spaces 2.2. For the Fixed system 1301 2010 20350 protection of 1211 normally 2402 unoccupied engine spaces 2.3. For the Fixed system 1301 ~~2010~~ 2010 2030 protection of 1211 normally unoccupied electrical compartments 2.4. For the Fixed system 1301 2010 2030 protection of command centres 2.5. For the Fixed system 1301 2010 2030 protection of fuel pump rooms 2.6. For the Fixed system 1301 2010 2030 protection of 1211 flammable 2402 liquid storage compartments 3.On military 3.1. For the Fixed system 1301 2010 20430 submarines protection of machinery spaces 3.2. For the Fixed system 1301 2010 20430 protection of command centres 3.3. For the Fixed system 1301 2010 20430 protection of diesel generator spaces 3.4. For the Fixed system 1301 2010 20430 protection of electrical compartments 4.On aircraft 4.1. For the Fixed system 1301 2024 20430 protection of 1211 normally 2402 unoccupied cargo compartments 4.2. For the Portable 1211 2014 2025 protection of extinguisher 2402 cabins and crew compartments 4.3. For the Fixed system 1301 2014 ~~2040~~ 2030 protection of 1211 engine 2402 nacelles and auxiliary power units 4.4. For the Fixed system 1301 2011 20430 inerting of 2402 fuel tanks 4.6. For the Fixed system 1301 2011 20430 protection of

Amendment 171 #

Proposal for a regulation
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

(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 substances~~ozone 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

(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

(b) any stocks held at the beginning and the end of the reporting period;

Amendment 175 #

Proposal for a regulation
Annex VI – point 5 – paragraph 1 – point a

(a) any quantities destroyed, including quantities contained in products or equipment and quantities destroyed as by- product, and the technology used for destruction;

Amendment 176 #

Proposal for a regulation
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 177 #

Proposal for a regulation
Annex VI – point 5 – paragraph 2

Each undertaking destroying ozone depleting substances ~~listed in Annex I~~ and not covered by point 2(e) of this Annex shall also communicate data on any purchases from and sales to other undertakings in the Union.

Amendment 178 #

Proposal for a regulation
Annex VI – point 6 – paragraph 1 – point b

(b) any stocks held at the beginning and the end of the reporting period;

Amendment 179 #

Proposal for a regulation
Annex VI – point 6 – paragraph 1 – point c

(c) the types of feedstock uses and processes and any emissions, including those linked to transport and storage, including the transfer from one container to another.

Amendment 18 #

Proposal for a regulation
Recital 10 a (new)

(10a) Licensing and prevention of emissions measures should apply to ozone depleting substances listed in Annexes I and II. This approach not only reduces potential adverse environmental and health impacts but harmonises with that of Regulation (EU)2022/...of the European Parliament and of the Council on fluorinated greenhouse gases, amending Directive (EU) 2019/1937 and repealing Regulation (EU) No 517/2014.

Amendment 180 #

Proposal for a regulation
Annex VI – point 6 – paragraph 2

Each undertaking using as feedstock or process agents ozone depleting substances ~~listed in Annex I~~ shall also communicate data on any purchases from and sales to other undertakings in the Union.

Amendment 181 #

Proposal for a regulation
Annex VII – point 2 – point c

(c) in the case of imports of ~~controlled substances or products and equipment~~ozone 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;

Amendment 19 #

Proposal for a regulation
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 20 #

Proposal for a regulation
Recital 12 a (new)

(12a) The use of ozone depleting substances as feedstock has lead to unexpected emissions which threaten the recovery of the ozone layer and significantly contribute to the climate emergency. It is therefore necessary to phase-out the use of ozone depleting substances as feedstock by 2030 at the latest.

Amendment 21 #

Proposal for a regulation
Recital 12 b (new)

(12b) To ensure a rapid decline of avoidable emissions of ozone depleting substances, the use of ozone depleting substances as feedstock for non-essential products such as plastics and pesticides should be prohibited. Such a prohibition will bring with it numerous co-benefits for achieving the zero-pollution ambition.

Amendment 22 #

Proposal for a regulation
Recital 13 a (new)

(13a) There is growing concern over the impact on global emissions of some of the new substances included in Annex II, including, for instance, the rapid increase in atmospheric concentration of dichloromethane that could substantially delay, by more than a decade, the recovery of the ozone hole1a. In 2021, the production of new ozone depleting substances not covered by the Montreal Protocol, in metric tonnes, was about four times higher than the production of controlled substances1b. Further control and monitoring is therefore essential. The requirements applied to substances listed in Annex Is in relation to recovery, recycling and reclaim measures, leakages and registration in the licencing system should be extended to substances listed in Annex II. __________________ 1a "The increasing threat to stratospheric ozone from dichloromethane" Hossaini et all, 2017: https://doi.org/10.1038/s41467- 019-13899-4 1b "Ozone Depleting Substances 2022", European Environment Agency

Amendment 23 #

Proposal for a regulation
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

(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 25 #

Proposal for a regulation
Recital 16

(16) Non-refillable containers for ozone depleting substances, should be banned, considering that an amount of substance inevitably remains in these containers when emptied, which is then released into the atmosphere. In this respect, it is necessary to prohibit their import, placing on the market, subsequent supply or making available on the market, use, except for laboratory and analytical uses, and their export. To ensure that refillable containers are refilled instead of being discarded, when placing such containers on the market undertakings should be required to produce a declaration of conformity including evidence on the arrangements for return for the purpose of refilling.

Amendment 26 #

Proposal for a regulation
Recital 17

(17) Regulation (EC) No 1272/2008 of the European Parliament and of the Council24 provides for the labelling of substances classified as ozone depleting substances and the labelling of mixtures containing such substances. As it is allowed to release for free circulation in the Union market halon and methyl bromide, as well as other ozone depleting substances produced for feedstock, process agent, laboratory and analytical uses, those substances should be distinguished from substances that are produced for other uses. __________________ 24 Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures (OJ L 353, 31.12.2008, p. 1).

Amendment 27 #

Proposal for a regulation
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 28 #

Proposal for a regulation
Recital 19

(19) Given that the production process for some ozone depleting substances can result in emissions of the fluorinated greenhouse gas produced trifluoromethane as a by-product, such by-product emissions should be destroyed or recovered for subsequent use as a condition for the placing the ozone depleting substance on the market. Producers and importers should also be required to document measures adopted to prevent emissions of trifluoromethane during the production process and to provide proof of the destruction and recovery in line with the best available techniques. They should also be required to report on compliance with Article 15(2) under Article 24 and Annex VI.

Amendment 29 #

Proposal for a regulation
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

(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 31 #

Proposal for a regulation
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 E~~uropean 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 European~~An 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 shipm~~as 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 Union~~should 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 32 #

Proposal for a regulation
Recital 23

(23) To ensure that substances as well as products and equipment covered by this Regulation that have been imported illegally in the Union market does not re- enter the market, competent authorities should confiscate or seize these products ~~for disposal~~and destroy them. Re-export of products not compliant with this Regulation should be prohibited in any event.

Amendment 33 #

Proposal for a regulation
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 34 #

Proposal for a regulation
Recital 28 a (new)

(28a) The requirement to recover foams containing ozone depleting substances from building material could spur innovation and research and development on demolition, reclamation and recycling technologies and could have positive effects on employment due to the labour- intensiveness of the decommissioning process and the need for more treatment capacity for those types of wastes. However, that requirement could create some additional need for training specialised personnel in the relevant companies, which are often small and medium-sized enterprises. Member States should therefore establish minimum qualification requirements for the personnel involved and at the same time increase the availability of training programmes.

Amendment 35 #

Proposal for a regulation
Recital 28 b (new)

(28b) The shift towards the use of alternatives to ozone depleting substances will spur green innovation and employment. Member States should however ensure a fair and just transition for the personnel employed by undertakings which will not succeed in the transition to such alternatives, leaving no one behind.

Amendment 36 #

Proposal for a regulation
Recital 32

(32) The Protocol requires reporting on trade in ozone depleting substances. Producers, importers and exporters of ozone depleting substances should therefore report annually on trade in ozone depleting substances. Trade in ozone depleting substances not yet covered by the Protocol (listed in Annex II), should also be reported ~~in order to be able to assess the need to extend some or all of the control measures applicable for the substances listed in Annex I to also cover those substances~~.

Amendment 37 #

Proposal for a regulation
Recital 33 a (new)

(33a) In its Communication of 14 October 2020 entitled “Improving access to justice in environmental matters in the EU and its Member States”, the Commission recognised that access to justice in environmental matters is not guaranteed in all Member States and called on the Council and the European Parliament to introduce explicit access to justice provisions in new and revised EU laws concerning environmental matters. This Regulation contains provisions which create equal conditions of access across the Union to national courts for members of the public who find that their public authorities are not in compliance with the obligations arising from it, in line with the Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (the “Aarhus Convention”).

Amendment 38 #

Proposal for a regulation
Recital 33 b (new)

(33b) Whistle-blowers can bring new information to the attention of competent authorities which could help the competent authorities detect infringements of this Regulation and enable them to impose penalties. It should be ensured that adequate arrangements are in place to enable whistle-blowers to alert the competent authorities to actual or potential infringements of this Regulation and to protect the whistle- blowers from retaliation.

Amendment 39 #

Proposal for a regulation
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)

(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 41 #

Proposal for a regulation
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 feedstock, 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, evidentiary requirements for refillable containers, 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, 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 Inter- institutional 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 42 #

Proposal for a regulation
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 43 #

Proposal for a regulation
Recital 40 a (new)

(40a) Nitrous oxide (N2O), which is mainly released in the air from excess nitrogen-based fertilisers in the soil, is proven to be an ozone depleting substance. Since the reductions of chlorofluorochemicals and other ozone- depleting halocarbons, nitrous oxide has been recognised as the most significant ozone-depleting substances and risks undermining the gains of the Protocol1a. In its Communication on a Farm to Fork Strategy, the Commission committed to act to reduce nutrient losses by at least 50%, which in turn should result in an at least 20% reduction of fertiliser use by 2030. The Commission should swiftly follow up on that commitment with legislative proposals and with guidelines for Member States on how to reduce the use of nitrogen fertilisers. __________________ 1a See for instance: "Drawing Down N2O To Protect Climate and the Ozone Layer", UNEP, 2013

Amendment 44 #

Proposal for a regulation
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 45 #

Proposal for a regulation
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 46 #

Proposal for a regulation
Article 2 – paragraph 2

2. This Regulation also applies to products and equipment, and parts thereof, containing ozone depleting substances or whose functioning relies upartly or entirely on those substances.

Amendment 47 #

Proposal for a regulation
Article 3 – paragraph 1 – point 1

(1) ‘feedstock’ means any ozone depleting substance that undergoes chemical transformation in a process in which it is entirely converted from its original composition ~~and emissions are insignificant~~;

Amendment 48 #

Proposal for a regulation
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 49 #

Proposal for a regulation
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

(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 51 #

Proposal for a regulation
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

(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 53 #

Proposal for a regulation
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 54 #

Proposal for a regulation
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 55 #

Proposal for a regulation
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)

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

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 58 #

Proposal for a regulation
Article 6 – paragraph 1

By way of derogation from Article 4(1), ozone depleting substances listed in Annex I may be produced, placed on the market, and subsequently supplied or made available to another person within the Union for payment or free of charge to be used as feedstock subject to the conditions laid down pursuant to Annex Ia and paragraphs 1a and 1b of this Article.

Amendment 59 #

Proposal for a regulation
Article 6 – paragraph 1

Amendment 60 #

Proposal for a regulation
Article 6 – paragraph 1 a (new)

The Commission is empowered to adopt delegated acts in accordance with Article 29 to amend Annex Ia with the purpose to: (a) set a schedule for reducing the maximum amount of ozone depleting substances that may be used as feedstock and set a maximum amount and a schedule for reducing that amount of ozone depleting substances that may be released from feedstock, taking into account scientific recommendations, technological developments resulting in the availability of technically feasible alternatives, and the availability of more precise data on the emissions from feedstock; (b) prohibit the use of ozone depleting substances for feedstock uses for which technically feasible alternatives exist.

Amendment 61 #

Proposal for a regulation
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 62 #

Proposal for a regulation
Article 6 – paragraph 1 a (new)

This derogation does not apply to feedstock uses for the production of plastics and pesticides.

Amendment 63 #

Proposal for a regulation
Article 6 – paragraph 1 b (new)

By 30 June 2026, the Commission shall submit a report evaluating the following: (a) current and future availability of alternatives to ozone depleting substances listed in Annex I used as feedstock within the Union; (b) a freeze in production and placing on the market of ozone depleting substances listed in Annex 1 as feedstock and, if appropriate, propose a schedule for reducing quantitative limits of ozone depleting substances listed in Annex I used as feedstock produced and placed on the market within the Union.

Amendment 64 #

Proposal for a regulation
Article 6 – paragraph 1 b (new)

The Commission may, by means of implementing acts, establish a list of undertakings for which the use of ozone depleting substances listed in Annex I as feedstock subject to the conditions laid down pursuant to Annex Ia is permitted, laying down the maximum quantities that may be used as feedstock and maximum emission levels for each of the undertakings concerned. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 28(2).

Amendment 65 #

Proposal for a regulation
Article 6 – paragraph 1 b (new)

The derogation for feedstock use shall be subject to quantitative limits. Within 12 months after entry into force of this Regulation, the Commission shall adopt delegated acts in accordance with Article 29 to supplement this Regulation with the quantitative limits for the ozone depleting substances listed in Annex I used as feedstock. Those limits shall be no higher than 2019 levels and shall decrease to reach zero by 2030.

Amendment 66 #

Proposal for a regulation
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 67 #

Proposal for a regulation
Article 6 – paragraph 1 c (new)

On the basis of the quantitative limits established in paragraph 1b, the Commission shall allocate quotas to undertakings for periods of 12 months. Those quotas shall be accompanied by maximum emission levels.

Amendment 68 #

Proposal for a regulation
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 69 #

Proposal for a regulation
Article 6 – paragraph 1 d (new)

Within 12 months after entry into force, the Commission shall adopt delegated acts in accordance with Article 29, to establish a list of additional processes for which the use of ozone depleting substances listed in Annex I as feedstock is prohibited.

Amendment 70 #

Proposal for a regulation
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 71 #

Proposal for a regulation
Article 6 – paragraph 1 e (new)

Within 18 months after entry into force of this regulation, the Commission shall submit a report evaluating the current and future availability of alternatives to ozone depleting substances listed in Annex I used as feedstock within the Union.

Amendment 72 #

Proposal for a regulation
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

(b) amounts received from supplie~~d or~~rs and used;

Amendment 74 #

Proposal for a regulation
Article 8 – paragraph 5

5. The ~~record~~undertakings referred to in paragraphs 3 and 4 shall ~~be retained for a minimum period of five years and shall be made available, upon request,~~report the records each year by 31 March via an electronic reporting tool to the competent authorities of the Member States and to the Commission.

Amendment 75 #

Proposal for a regulation
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 76 #

Proposal for a regulation
Article 9 – paragraph 3

3. The Commission is empowered to adopt delegated acts in accordance with Article 29 to amend Annex V, where technically and economically feasible alternatives or technologies are available for the uses listed in that Annex ahead of the end dates specified in that Annex, or are not available for the uses listed in that Annex within the timeframes set out in that Annex V, or are not acceptable due to their impacts on environment or health, or where it is necessary to ensure compliance with the international commitments of the Union concerning critical uses of halons established in particular under the Protocol, the International Civil Aviation Organization (ICAO) or the International Convention for the Prevention of Pollution from Ships (MARPOL).

Amendment 77 #

Proposal for a regulation
Article 9 – paragraph 4

4. The Commission may, by means of implementing acts, and following a substantiated request of the competent authority of a Member State, grant time- limited derogations from the end dates or cut-off dates specified in Annex V for a specified case where it is demonstrated in the request that no technically and economically feasible alternative is available for that particular application. The Commission ~~may~~shall include in those implementing acts reporting requirements, and ~~may~~shall require submission of supporting evidence necessary for monitoring the use of the derogation, including evidence on amounts recovered for recycling or reclamation, results of leakage checks and amounts of unused halons in stocks. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 28(2).

Amendment 78 #

Proposal for a regulation
Article 9 – paragraph 4

4. The Commission may, by means of implementing acts, and following a substantiated request of the competent authority of a Member State, grant time- limited derogations from the end dates or cut-off dates specified in Annex V for a specified case where it is demonstrated in the request that no technically ~~and economically~~ feasible alternative is available for that particular application. The Commission may include in those implementing acts reporting requirements, and may require submission of supporting evidence necessary for monitoring the use of the derogation, including evidence on amounts recovered for recycling or reclamation, results of leakage checks and amounts of unused halons in stocks. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 28(2).

Amendment 79 #

Proposal for a regulation
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 8 #

Proposal for a regulation
Recital 1

(1) The European Green Deal launched a new ~~growth~~ strategy for the Union that aims to transform the Union into a fair and prosperous society with a modern, resource-efficient and ~~competitiv~~sustainable economy. It reaffirms the Commission’s ambition to increase its climate targets and make Europe the first climate-neutral continent by 2050 at the latest and aims to protect the health and well-being of citizens from environment-related risks and impacts. Furthermore, the Union is committed to the 2030 Agenda for Sustainable Development and its Sustainable Development Goals.

Amendment 80 #

Proposal for a regulation
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

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 ~~substances~~methyl 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 82 #

Proposal for a regulation
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~~shall include in those implementing acts reporting requirements and ~~may~~shall require submission of supporting evidence necessary for monitoring the use of methyl bromide, including evidence on the destruction of substances following the end of the derogation. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 28(2).

Amendment 83 #

Proposal for a regulation
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 84 #

Proposal for a regulation
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)

(ea) ozone depleting substances placed on the market for reclamation pursuant to Article 12;

Amendment 86 #

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

~~The licence referred to in the first subparagraph shall not be required in cases of temporary storage.~~deleted

Amendment 87 #

Proposal for a regulation
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 88 #

Proposal for a regulation
Article 14 – paragraph 2 – subparagraph 1

By way of derogation from Article 5(2), the Commission may, by means of implementing acts, following a request by a competent authority of a Member State, authorise the export of products and equipment containing hydrochlorofluorocarbons where it is demonstrated that in view of the economic value and the expected remaining lifetime of the specific good, the prohibition of export would impose a disproportionate burden on the exporter, ~~and~~ such export is in line with national legislation in the destination country and such products and equipment would, after the end of their life cycle and on the basis of national legislation, be handled by the given third country in such a way that would not give rise to the release of substances damaging to the ozone layer into the external environment. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 28(2).

Amendment 89 #

Proposal for a regulation
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 9 #

Proposal for a regulation
Recital 2

(2) The ozone layer protects humans and other living beings from harmful ultra- violet (UV) radiation from the sun. It is scientifically well established that continuous emissions of ozone depleting substances cause significant damage to the ozone layer, leading to significant adverse impacts on human health and ecosystems, the biosphere as well as to large negative economic implications if left unaddressed.

Amendment 90 #

Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 2

Any prohibited non-refillable containers referred to in the first subparagraph shall be confiscated, seized, withdrawn or recalled from the market and destroyed by the customs authorities or the market surveillance authorities ~~for disposal~~. The re-export of prohibited non-refillable containers is prohibited.

Amendment 91 #

Proposal for a regulation
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 92 #

Proposal for a regulation
Article 15 – paragraph 1 a (new)

1a. Undertakings which place on the market refillable containers for ozone depleting substances shall produce a declaration of conformity that includes evidence confirming the arrangements in place for the return of that container for the purpose of refilling. They shall keep the declaration of conformity for a period of at least five years after the placing on the market of refillable containers and shall make it available, on request, to the competent authorities of the Member States and the Commission. The Commission may, by means of implementing acts, supplement this Regulation by determining the details of the declaration of conformity. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 28(2).

Amendment 93 #

Proposal for a regulation
Article 15 – paragraph 1 a (new)

1a. The Commission is empowered to adopt delegated acts in accordance with Article 29 to set out the evidentiary requirements to satisfy the requirements in Article 15(1)(b).

Amendment 94 #

Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 2

For the purpose of ~~submitting~~providing that evidence, importers and producers shall draw up a declaration of conformity, verified by an accredited auditor, and join supporting documentation with: (a) information on the production facility ~~and the mitigation measures adopted to prevent emissions of trifluoromethane. Producers and importers shall keep the declaration of conformity and supporting documenta~~; (b) the proof of availability and operation of the best available abatement technology at the production facility; (c) the proof of mitigation measures adopted to prevent emissions of trifluoromethane, in line with best available techniques; (d) the proof of destruction for ~~a period of at least five years af~~recovery of any quantity of emitterd t~~he placing on the market and make them available, upon request, to national competent authorities and to the Commission.~~ rifluoromethane, in line with best available techniques and in accordance with the requirements laid down in Article 20(7).

Amendment 95 #

Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 3

The Commission ~~may~~shall, by means of implementing acts, determine the detailed arrangements relating to and the detailed elements of the declaration of conformity and supporting documentation referred to in the second subparagraph. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 28(2).

Amendment 96 #

Proposal for a regulation
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 97 #

Proposal for a regulation
Article 15 – paragraph 3 – subparagraph 2

Containers of ozone depleting substances shall be labelled. The label shall bear the accepted industry designation for the ozone depleting substance concerned or, if no such designation is available, the chemical name, the ozone depleting potential of the substance concerned, and, where available, its global warming potential expressed on a 100-year time- scale, and, where available, on a 20-year timescale. Containers containing the substances intended for the uses referred to in Articles 6, 7, 8, 9 and 810 shall be labelled with a clear indication that the substance may only be used for the applicable purpose. Where such substances are subject to labelling requirements provided for in Regulation (EC) No 1272/2008, such indication shall be included in the labels referred to in that Regulation. Reclaimed or recycled ozone depleting substances shall be labelled with an indication that the substance has been reclaimed or recycled, information on the batch number and the name and address of the reclamation or recycling facility in the Union. Where relevant, refilled containers shall be relabelled with updated information.

Amendment 98 #

Proposal for a regulation
Article 15 – paragraph 3 – subparagraph 2

Containers ~~contain~~holding 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 #