2023/0454(COD) | [ParlTrack]

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point -a (new)

Directive 2011/65/EU
Article 5 – paragraph 2

(-a) Paragraph 2 is replaced by the following: "2. Measures adopted in accordance with point (a) of paragraph 1 shall, for categories 1 to 7, 10 and 11 of Annex I, have a validity period of up to 56 years and, for categories 8 and 9 of Annex I, a validity period of up to 712 years. The validity periods are to be decided on a case-by-case basis and may be renewed."

Amendment 12 #

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point a

Directive 2011/65/EU
Article 5 – paragraph 4 – point c

(c) if necessary, request the applicant to complete the application, and provide an appropriate deadline; and shall, whenever appropriate, set up a meeting of applicants and/or interested parties particularly if contradictory information is received during the procedural step under paragraph 4, point (f)

Amendment 13 #

Christophe CLERGEAU, Chloé RIDEL, Estelle CEULEMANS, Pierre JOUVET

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point a

Directive 2011/65/EU
Article 5 – paragraph 4 – subparagraph 2

Where the applicant does not complete the application with the missing elements identified by the Agency in compliance with Annex V within the deadline provided in accordance with the first subparagraph, point (c), the Agency ~~may~~shall reject such application. The Agency shall establish and communicate to the applicant without undue delay the date when the application is considered complete.

Amendment 14 #

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b

Directive 2011/65/EU
Article 5 – paragraph 4a – subparagraph 2 – point a a (new)

(a a) shall publish the draft opinions referred to in point (a) on its website without delay and invite interested parties to provide their comments on the draft opinion for a period no shorter than 60 days after its publication;

Amendment 15 #

Christophe CLERGEAU, Chloé RIDEL, Estelle CEULEMANS, Pierre JOUVET

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b

Directive 2011/65/EU
Article 5 – paragraph 4a – subparagraph 2 – point a a (new)

(a a) shall publish the draft opinions on its website without delay and invite interested parties to provide their comments on the draft opinion no later than 60 days from its publication;

Amendment 16 #

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b

Directive 2011/65/EU
Article 5 – paragraph 4a – subparagraph 3

Each Committee shall take into account any information submitted by interested parties in accordance with the second subparagraph, point (aa), and submitted by third parties in accordance with the second subparagraph, point (c).

Amendment 17 #

Christophe CLERGEAU, Chloé RIDEL, Estelle CEULEMANS, Pierre JOUVET

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b

Directive 2011/65/EU
Article 5 – paragraph 4a – subparagraph 3

Each Committee shall take into account any information submitted ~~by third parties~~ in accordance with the second subparagraph, point (aa) and point (c).

Amendment 18 #

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b

Directive 2011/65/EU
Article 5 – paragraph 4a – subparagraph 5

The Agency shall identify which parts of its opinions and of any attachments thereto should be made publicly available on its website and shall make those parts publicly available on its website, together with any requests made in accordance with the second subparagraph, point (c).

Amendment 19 #

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b

Directive 2011/65/EU
Article 5 – paragraph 4a – subparagraph 5

The Agency shall identify which parts of its opinions and of any attachments thereto should be made publicly available on its website and shall make those parts publicly available on its website, including any requests made in accordance with the second subparagraph, point (c) .

Amendment 20 #

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b a (new)

Directive 2011/65/EU
Article 5 – paragraph 5

(b a) paragraph 5 is replaced by the following: "5. An application for renewal of an exemption shall be made no later than 18 months before the exemption expires. If the conditions laid down in Article 5(1), point (a), are fulfilled, the Commission shall prepare a draft amendment to Annex III or Annex IV, within three months of receipt of the opinion of the Agency. The existing exemption shall remain valid until a decision on the renewal application is taken by the Commission."

Amendment 21 #

Christophe CLERGEAU, Chloé RIDEL, Estelle CEULEMANS, Pierre JOUVET

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b a (new)

Directive 2011/65/EU
Article 5 – paragraph 5

(b a) paragraph 5 is replaced by the following: "5. An application for renewal of an exemption shall be made no later than 18 months before the exemption expires. The ~~existing exemption shall remain valid until a~~Commission shall adopt the decision on the ~~renewal~~ application ~~is taken by the Commission.~~within three months of receipt of the opinions from the Agency."

Amendment 22 #

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b a (new)

Directive 2011/65/EU
Article 5 – paragraph 5

(b a) paragraph 5 is replaced by the following: "An application for renewal of an exemption shall be made no later than 18 months before the exemption expires. The ~~existing exempt~~Commission shall pre~~main valid until a decision on the renewal application is taken by the Commission.~~pare the decision within three months of receipt of the opinions from the Agency."

Amendment 23 #

Christophe CLERGEAU, Chloé RIDEL, Estelle CEULEMANS, Pierre JOUVET

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

Directive 2011/65/EU
Article 6 – paragraph 1 – subparagraph 1

With a view to achieving the objectives set out in Article 1 and taking account of the precautionary principle, a review, based on a thorough assessment, and an amendment of the list of restricted substances in Annex II shall be considered by the Commission periodically and at least every 30 months on its own initiative or following the submission of a restriction dossier prepared by a Member State containing the information referred to in paragraph 2.;

Amendment 24 #

Christophe CLERGEAU, Chloé RIDEL, Estelle CEULEMANS, Pierre JOUVET

Proposal for a directive
Article 1 – paragraph 1 – point 3 – point c

Directive 2011/65/EU
Article 6 – paragraph 2 – subparagraph 1

The review and amendment of the list of restricted substances, or a group of substances, in Annex II shall be based on restriction dossiers prepared by the Agency at the request of the Commission or prepared by a Member State.

Amendment 25 #

Proposal for a directive
Article 1 – paragraph 1 – point 3 – point c

Directive 2011/65/EU
Article 6 – paragraph 2 – subparagraph 1

The review and amendment of the list of restricted substances, or group of substances, in Annex II shall be based on restriction dossiers prepared by the Agency at the request of the Commission or prepared by a Member State.

Amendment 26 #

Martin HOJSÍK

Proposal for a directive
Article 1 – paragraph 1 – point 3 – point c

Directive 2011/65/EU
Article 6 – paragraph 2 – subparagraph 1

The review and amendment of the list of restricted substances or group of substances in Annex II shall be based on restriction dossiers prepared by the Agency at the request of the Commission or prepared by a Member State.

Amendment 27 #

Christophe CLERGEAU, Chloé RIDEL, Estelle CEULEMANS, Pierre JOUVET

Proposal for a directive
Article 1 – paragraph 1 – point 3 – point c

Directive 2011/65/EU
Article 6 – paragraph 2 – subparagraph 2

The Agency or a Member State shall take into account any available information and any relevant ~~risk~~ assessment submitted for the purposes of other Union legislation covering any part of the life cycle of the substance used in EEE, in particular the waste phase. To this end, other bodies established under Union law and carrying out a similar task shall, on request, provide information to the Agency or Member State concerned.

Amendment 28 #

Christophe CLERGEAU, Chloé RIDEL, Estelle CEULEMANS, Pierre JOUVET

Proposal for a directive
Article 1 – paragraph 1 – point 3 – point c

Directive 2011/65/EU
Article 6 – paragraph 2 – subparagraph 2

The Agency or a Member State shall take into account any available information and any relevant ~~risk~~ assessment submitted for the purposes of other Union legislation covering the life cycle of the substance used in EEE, in particular the waste phase. To this end, other bodies established under Union law and carrying out a similar task shall, on request, provide information to the Agency or Member State concerned.

Amendment 29 #

Proposal for a directive
Article 1 – paragraph 1 – point 3 – point c

Directive 2011/65/EU
Article 6 – paragraph 2 – point –a (new)

(-a) The identity of the substance;

Amendment 3 #

Christophe CLERGEAU, Chloé RIDEL, Estelle CEULEMANS, Pierre JOUVET

Proposal for a directive
Recital 1

(1) The Commission has, in its Communication ‘European Green Deal’2 , set an objective that chemical safety assessments should move towards a process of ‘one-substance, one- assessment’, calling for more transparent and simpler risk assessment processes in order to reduce the burden on all stakeholders, accelerate decision-making, as well as to increase consistency and predictability of scientific decisions and opinions. The Commission, in its Communication on Chemicals Strategy for Sustainability3 concludes that, in order to achieve that objective, part of the scientific and technical work on chemicals performed at Union level in support of Union legislation needs to be reattributed to the most suitable Union agencies. This would simplify the current set-up, improve quality and coherence of safety assessments across Union legislation, and ensure more efficient use of existing resources. This approach is also expected to promote cost-effectiveness and competitiveness by simplifying regulatory procedures and reducing administrative burdens, ensuring that businesses can adapt efficiently to evolving regulatory frameworks. _________________ 2 Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions, The European Green Deal (COM (2019) 640 final of 11 December 2019). 3 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, Chemicals Strategy for Sustainability Towards a Toxic-Free Environment (COM (2020) 667 final of 14 October 2020).

Amendment 30 #

Proposal for a directive
Article 1 – paragraph 1 – point 3 – point c

Directive 2011/65/EU
Article 6 – paragraph 2 – point –a a (new)

(-a a) a precise and clear wording of the entry of the proposed restriction in Annex II;

Amendment 31 #

Christophe CLERGEAU, Chloé RIDEL, Estelle CEULEMANS, Pierre JOUVET

Proposal for a directive
Article 1 – paragraph 1 – point 3 – point c

Directive 2011/65/EU
Article 6 – paragraph 2 – point –a b (new)

(-a b) references and scientific evidence for the restriction;

Amendment 32 #

Christophe CLERGEAU, Chloé RIDEL, Estelle CEULEMANS, Pierre JOUVET

Proposal for a directive
Article 1 – paragraph 1 – point 3 – point c

Directive 2011/65/EU
Article 6 – paragraph 2 – point b a (new)

(b a) information on possible alternatives, their availability and suitability;

Amendment 33 #

Christophe CLERGEAU, Chloé RIDEL, Estelle CEULEMANS, Pierre JOUVET

Proposal for a directive
Article 1 – paragraph 1 – point 3 – point c

Directive 2011/65/EU
Article 6 – paragraph 2 – point b a (new)

(b a) information on possible suitable alternatives and their availability;

Amendment 34 #

Proposal for a directive
Article 1 – paragraph 1 – point 3 – point c

Directive 2011/65/EU
Article 6 – paragraph 2 – point b b (new)

(b b) justification for considering a Union-wide restriction as the most appropriate measure.

Amendment 35 #

Christophe CLERGEAU, Chloé RIDEL, Estelle CEULEMANS, Pierre JOUVET

Proposal for a directive
Article 1 – paragraph 1 – point 3 – point c

Directive 2011/65/EU
Article 6 – paragraph 2 – point b c (new)

(b c) socioeconomic assessment.

Amendment 36 #

Proposal for a directive
Article 1 – paragraph 1 – point 4

Directive 2011/65/EU
Article 6a – paragraph 4 a (new)

4a. The Agency, working in cooperation with the Commission, shall draw up and implement an international cooperation mechanism for the exchange of information and statistics on chemical substances, with a view to increasing the transparency and safety of their use worldwide.

Amendment 37 #

Christophe CLERGEAU, Chloé RIDEL, Estelle CEULEMANS, Pierre JOUVET

Proposal for a directive
Article 1 – paragraph 1 – point 4

Directive 2011/65/EU
Article 6a – paragraph 6 a (new)

6a. The Agency shall facilitate the exchange of information and access to statistics on chemical substances, including by developing links to relevant international databases, so as to ensure a comprehensive analysis of their risks and of alternatives.

Amendment 38 #

Proposal for a directive
Article 1 – paragraph 1 – point 4 a (new)

Directive 2011/65/EU
Article 20 – paragraph 1

(4 a) In Article 20, paragraph 1 is replaced by the following: "1. The powers to adopt the delegated acts referred to in Article 4(2), Article 5(1) and Article 6 shall be conferred on the Commission for a period of 5 years from 21 July 2011. The Commission shall draw up a report in respect of delegated powers at the latest 6 months before the end of the 5 year period. The delegation of power shall be automatically extended for periods of an identical duration, unless the European Parliament or the Council revokes it in accordance with Article 21."

Amendment 39 #

Christophe CLERGEAU, Chloé RIDEL, Estelle CEULEMANS, Pierre JOUVET

Proposal for a directive
Article 1 – paragraph 1 – point 4 b (new)

Directive 2011/65/EU
Article 20 – paragraph 1 b (new)

(4 b) In Article 20, the following paragraph 1a is inserted: “1a. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.”

Amendment 4 #

Proposal for a directive
Recital 2

(2) The reattribution of certain scientific and technical tasks to the European Chemicals Agency is necessary in order to align processes and levels of scientific scrutiny and digitalisation with current standards and processes of the European Chemicals Agency. This is also necessary in order to ensure a consistent standard of scientific quality, transparency, data searchability and interoperability, in line with the ‘one-substance, one- assessment’ ambition. Moreover, digitalization and streamlined processes will reduce duplicative efforts and administrative delays, providing significant cost savings and efficiency gains for both Member States and economic operators.

Amendment 40 #

Proposal for a directive
Article 1 – paragraph 1 – point 4 a (new)

Directive 2011/65/EU
Article 24 – paragraph 2a (new)

(4 a) In Article 24 , the following paragraph is added: “(2 a). The Commission shall monitor the situation regarding the resources of the European Chemicals Agency and tasks, workload and remit of the scientific committees of the European Chemicals Agency and present, where necessary, a legislative proposal to reflect any needs of the Eureopan Chemicals Agency stemming from tasks introduced by this Regulation and to improve governance of its scientific committees. "

Amendment 41 #

Proposal for a directive
Article 2 – paragraph 1

The provisions under this Directive shall be applicable from [OJ: 124 months after the publication of this Directive].

Amendment 5 #

Proposal for a directive
Recital 4

(4) Data and information held by the European Chemicals Agency in the context of regulatory processes under Titles VII and VIII of Regulation (EC) No 1907/2006 of the European Parliament and of the Council5 can be usefully deployed for the assessment of potential substance restrictions and for assessing applications for exemption under Directive 2011/65/EU. Established structures and procedures can help to build on the existing knowledge base, maximise synergies, and make the best use of available expertise and resources. Utilising these established structures not only enhances efficiency but also reduces compliance costs for businesses, ensuring that regulatory processes support innovation and competitiveness in Union industries. _________________ 5 Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC - OJ L 396 30.12.2006, p. 1.

Amendment 6 #

Proposal for a directive
Recital 5 a (new)

(5 a) The information submitted as part of the confidential version of an exemption application should be subject to an assessment by the European Chemicals Agency. Such assessment should comply with Union law concerning confidential data and protection of personal data, in particular regarding dissemination and confidentiality criteria established under Regulation (EC) No 1907/2006.

Amendment 7 #

Christophe CLERGEAU, Chloé RIDEL, Estelle CEULEMANS, Pierre JOUVET

Proposal for a directive
Recital 5 b (new)

(5 b) Most exemption requests are expected to require the expertise of the Committee for Socio-economic Analysis set up pursuant to Article 76(1), point (d) of Regulation (EC) No 1907/2006. The Members States’ representatives should be consulted by the Commission when adopting guidelines on the involvement of the Committee for Risk Assessment.

Amendment 8 #

Proposal for a directive
Recital 6 a (new)

(6 a) The list of restricted substances Directive 2011/65/EU should be periodically reviewed to ensure a high level of protection of human health, the environment and consumer safety. It is considered appropriate to set the review period by taking into account market developments and technical and scientific progress and in view of the fact that restriction dossiers can be submitted by Member States at any time and horizontal restriction measures can be initiated and adopted by Regulation (EC) No 1907/2006, Regulation (EU) 2019/1021 or other Union law concerning sustainably criteria for hazardous substances and chemicals.

Amendment 9 #

Christophe CLERGEAU, Chloé RIDEL, Estelle CEULEMANS, Pierre JOUVET

Proposal for a directive
Recital 8

(8) For amending procedural provisions under Directive 2011/65/EU, a transitional period of 124 months is necessary to allow for appropriate resource and task allocation for the European Chemicals Agency. That timeframe is considered sufficient to allow potential applicants or Member States to adjust to the modified procedural steps under that Directive.

source: 766.687

2024/12/11 ENVI 39 amendments...

Amendment 10 #

Proposal for a directive
Recital 8 a (new)

(8a) In order to ensure that this Directive is coherent with any future amendment of Regulation (EC) No 1907/2006, or of other future Union law concerning sustainability criteria for hazardous substances and chemicals, the Commission should assess whether an amendment of Articles 5 and 6 of this Directive is required. Where appropriate, the Commission should propose amendments to this Directive in a future regulation amending Regulation (EC) No 1907/2006 or in other future Union law concerning sustainably criteria for hazardous substances and chemicals.

Amendment 11 #

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point -a (new)

Directive 2011/65/EU
Article 5 – paragraph 2

Amendment 12 #

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point a

Directive 2011/65/EU
Article 5 – paragraph 4 – point c

Amendment 13 #

Christophe CLERGEAU, Chloé RIDEL, Estelle CEULEMANS, Pierre JOUVET

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point a

Directive 2011/65/EU
Article 5 – paragraph 4 – subparagraph 2

Amendment 14 #

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b

Directive 2011/65/EU
Article 5 – paragraph 4a – subparagraph 2 – point a a (new)

(aa) shall publish the draft opinions referred to in point (a) on its website without delay and invite interested parties to provide their comments on the draft opinion for a period no shorter than 60 days after its publication;

Amendment 15 #

Christophe CLERGEAU, Chloé RIDEL, Estelle CEULEMANS, Pierre JOUVET

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b

Directive 2011/65/EU
Article 5 – paragraph 4a – subparagraph 2 – point a a (new)

(aa) shall publish the draft opinions on its website without delay and invite interested parties to provide their comments on the draft opinion no later than 60 days from its publication;

Amendment 16 #

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b

Directive 2011/65/EU
Article 5 – paragraph 4a – subparagraph 3

Amendment 17 #

Christophe CLERGEAU, Chloé RIDEL, Estelle CEULEMANS, Pierre JOUVET

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b

Directive 2011/65/EU
Article 5 – paragraph 4a – subparagraph 3

Each Committee shall take into account any information submitted ~~by third parties~~ in accordance with the second subparagraph, point (aa) and point (c).

Amendment 18 #

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b

Directive 2011/65/EU
Article 5 – paragraph 4a – subparagraph 5

Amendment 19 #

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b

Directive 2011/65/EU
Article 5 – paragraph 4a – subparagraph 5

The Agency shall identify which parts of its opinions and of any attachments thereto should be made publicly available on its website and shall make those parts publicly available on its website, including any requests made in accordance with the second subparagraph, point (c) .

Amendment 20 #

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b a (new)

Directive 2011/65/EU
Article 5 – paragraph 5

(ba) paragraph 5 is replaced by the following: "5. An application for renewal of an exemption shall be made no later than 18 months before the exemption expires. If the conditions laid down in Article 5(1), point (a), are fulfilled, the Commission shall prepare a draft amendment to Annex III or Annex IV, within three months of receipt of the opinion of the Agency. The existing exemption shall remain valid until a decision on the renewal application is taken by the Commission."

Amendment 21 #

Christophe CLERGEAU, Chloé RIDEL, Estelle CEULEMANS, Pierre JOUVET

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b a (new)

Directive 2011/65/EU
Article 5 – paragraph 5

(ba) paragraph 5 is replaced by the following: "5. An application for renewal of an exemption shall be made no later than 18 months before the exemption expires. The ~~existing exemption shall remain valid until a~~Commission shall adopt the decision on the ~~renewal~~ application ~~is taken by the Commission.~~within three months of receipt of the opinions from the Agency."

Amendment 22 #

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b a (new)

Directive 2011/65/EU
Article 5 – paragraph 5

(ba) paragraph 5 is replaced by the following: "An application for renewal of an exemption shall be made no later than 18 months before the exemption expires. The ~~existing exempt~~Commission shall pre~~main valid until a decision on the renewal application is taken by the Commission.~~pare the decision within three months of receipt of the opinions from the Agency."

Amendment 23 #

Christophe CLERGEAU, Chloé RIDEL, Estelle CEULEMANS, Pierre JOUVET

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

Directive 2011/65/EU
Article 6 – paragraph 1 – subparagraph 1

Amendment 24 #

Christophe CLERGEAU, Chloé RIDEL, Estelle CEULEMANS, Pierre JOUVET

Proposal for a directive
Article 1 – paragraph 1 – point 3 – point c

Directive 2011/65/EU
Article 6 – paragraph 2 – subparagraph 1

Amendment 25 #

Proposal for a directive
Article 1 – paragraph 1 – point 3 – point c

Directive 2011/65/EU
Article 6 – paragraph 2 – subparagraph 1

Amendment 26 #

Martin HOJSÍK

Proposal for a directive
Article 1 – paragraph 1 – point 3 – point c

Directive 2011/65/EU
Article 6 – paragraph 2 – subparagraph 1

Amendment 27 #

Christophe CLERGEAU, Chloé RIDEL, Estelle CEULEMANS, Pierre JOUVET

Proposal for a directive
Article 1 – paragraph 1 – point 3 – point c

Directive 2011/65/EU
Article 6 – paragraph 2 – subparagraph 2

Amendment 28 #

Christophe CLERGEAU, Chloé RIDEL, Estelle CEULEMANS, Pierre JOUVET

Proposal for a directive
Article 1 – paragraph 1 – point 3 – point c

Directive 2011/65/EU
Article 6 – paragraph 2 – subparagraph 2

The Agency or a Member State shall take into account any available information and any relevant ~~risk~~ assessment submitted for the purposes of other Union legislation covering the life cycle of the substance used in EEE, in particular the waste phase. To this end, other bodies established under Union law and carrying out a similar task shall, on request, provide information to the Agency or Member State concerned.

Amendment 29 #

Proposal for a directive
Article 1 – paragraph 1 – point 3 – point c

Directive 2011/65/EU
Article 6 – paragraph 2 – point –a (new)

(-a) The identity of the substance;

Amendment 3 #

Christophe CLERGEAU, Chloé RIDEL, Estelle CEULEMANS, Pierre JOUVET

Proposal for a directive
Recital 1

Amendment 30 #

Proposal for a directive
Article 1 – paragraph 1 – point 3 – point c

Directive 2011/65/EU
Article 6 – paragraph 2 – point –a a (new)

(-aa) a precise and clear wording of the entry of the proposed restriction in Annex II;

Amendment 31 #

Christophe CLERGEAU, Chloé RIDEL, Estelle CEULEMANS, Pierre JOUVET

Proposal for a directive
Article 1 – paragraph 1 – point 3 – point c

Directive 2011/65/EU
Article 6 – paragraph 2 – point –a b (new)

(-ab) references and scientific evidence for the restriction;

Amendment 32 #

Christophe CLERGEAU, Chloé RIDEL, Estelle CEULEMANS, Pierre JOUVET

Proposal for a directive
Article 1 – paragraph 1 – point 3 – point c

Directive 2011/65/EU
Article 6 – paragraph 2 – point b a (new)

(ba) information on possible alternatives, their availability and suitability;

Amendment 33 #

Christophe CLERGEAU, Chloé RIDEL, Estelle CEULEMANS, Pierre JOUVET

Proposal for a directive
Article 1 – paragraph 1 – point 3 – point c

Directive 2011/65/EU
Article 6 – paragraph 2 – point b a (new)

(ba) information on possible suitable alternatives and their availability;

Amendment 34 #

Proposal for a directive
Article 1 – paragraph 1 – point 3 – point c

Directive 2011/65/EU
Article 6 – paragraph 2 – point b b (new)

(bb) justification for considering a Union-wide restriction as the most appropriate measure.

Amendment 35 #

Christophe CLERGEAU, Chloé RIDEL, Estelle CEULEMANS, Pierre JOUVET

Proposal for a directive
Article 1 – paragraph 1 – point 3 – point c

Directive 2011/65/EU
Article 6 – paragraph 2 – point b c (new)

(bc) socioeconomic assessment.

Amendment 36 #

Proposal for a directive
Article 1 – paragraph 1 – point 4

Directive 2011/65/EU
Article 6a – paragraph 4 a (new)

Amendment 37 #

Christophe CLERGEAU, Chloé RIDEL, Estelle CEULEMANS, Pierre JOUVET

Proposal for a directive
Article 1 – paragraph 1 – point 4

Directive 2011/65/EU
Article 6a – paragraph 6 a (new)

Amendment 38 #

Proposal for a directive
Article 1 – paragraph 1 – point 4 a (new)

Directive 2011/65/EU
Article 20 – paragraph 1

(4a) In Article 20, paragraph 1 is replaced by the following: "1. The powers to adopt the delegated acts referred to in Article 4(2), Article 5(1) and Article 6 shall be conferred on the Commission for a period of 5 years from 21 July 2011. The Commission shall draw up a report in respect of delegated powers at the latest 6 months before the end of the 5 year period. The delegation of power shall be ~~automatical~~tacitly extended for periods of an identical duration, unless the European Parliament or the Council revokes it in accordance with Article 21."

Amendment 39 #

Christophe CLERGEAU, Chloé RIDEL, Estelle CEULEMANS, Pierre JOUVET

Proposal for a directive
Article 1 – paragraph 1 – point 4 b (new)

Directive 2011/65/EU
Article 20 – paragraph 1 b (new)

(4b) In Article 20, the following paragraph 1a is inserted: “1a. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.”

Amendment 4 #

Proposal for a directive
Recital 2

Amendment 40 #

Proposal for a directive
Article 1 – paragraph 1 – point 4 a (new)

Directive 2011/65/EU
Article 24 – paragraph 2a (new)

(4a) In Article 24 , the following paragraph is added: “(2 a). The Commission shall monitor the situation regarding the resources of the European Chemicals Agency and tasks, workload and remit of the scientific committees of the European Chemicals Agency and present, where necessary, a legislative proposal to reflect any needs of the European Chemicals Agency stemming from tasks introduced by this Regulation and to improve governance of its scientific committees. "

Amendment 41 #

Proposal for a directive
Article 2 – paragraph 1

The provisions under this Directive shall be applicable from [OJ: 124 months after the publication of this Directive].

Amendment 5 #

Proposal for a directive
Recital 4

Amendment 6 #

Proposal for a directive
Recital 5 a (new)

(5a) The information submitted as part of the confidential version of an exemption application should be subject to an assessment by the European Chemicals Agency. Such assessment should comply with Union law concerning confidential data and protection of personal data, in particular regarding dissemination and confidentiality criteria established under Regulation (EC) No 1907/2006.

Amendment 7 #

Christophe CLERGEAU, Chloé RIDEL, Estelle CEULEMANS, Pierre JOUVET

Proposal for a directive
Recital 5 b (new)

(5b) Most exemption requests are expected to require the expertise of the Committee for Socio-economic Analysis set up pursuant to Article 76(1), point (d) of Regulation (EC) No 1907/2006. The Members States’ representatives should be consulted by the Commission when adopting guidelines on the involvement of the Committee for Risk Assessment.

Amendment 8 #

Proposal for a directive
Recital 6 a (new)

(6a) The list of restricted substances Directive 2011/65/EU should be periodically reviewed to ensure a high level of protection of human health, the environment and consumer safety. It is considered appropriate to set the review period by taking into account market developments and technical and scientific progress and in view of the fact that restriction dossiers can be submitted by Member States at any time and horizontal restriction measures can be initiated and adopted by Regulation (EC) No 1907/2006, Regulation (EU) 2019/1021 or other Union law concerning sustainably criteria for hazardous substances and chemicals.

Amendment 9 #