# C_2023341EN.01008001.xml

| 27.9.2023 | EN | Official Journal of the European Union | C 341/80 |
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27.9.2023

EN

Official Journal of the European Union

C 341/80

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P9_TA(2023)0093

Ozone depleting substances

Amendments adopted by the European Parliament on 30 March 2023 on the proposal for a regulation of the European Parliament and of the Council on substances that deplete the ozone layer and repealing Regulation (EC) No 1005/2009 (COM(2022)0151 — C9-0143/2022 — 2022/0100(COD)) (1)

(Ordinary legislative procedure: first reading)

(2023/C 341/08)

Amendment 1

Amendment 1

Proposal for a regulation

Proposal for a regulation

Recital 4

Recital 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| (4) | Regulation (EC) No 1005/2009 of the European Parliament and of the Council (18) ensures, inter alia, that the Union complies with the Protocol. The Commission in its evaluation of Regulation (EC) No 1005/2009 (19) concluded that the control measures established under that Regulation remain, in general, fit-for-purpose. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(4)

Regulation (EC) No 1005/2009 of the European Parliament and of the Council (18) ensures, inter alia, that the Union complies with the Protocol. The Commission in its evaluation of Regulation (EC) No 1005/2009 (19) concluded that the control measures established under that Regulation remain, in general, fit-for-purpose.

18

19

| (4) | Regulation (EC) No 1005/2009 of the European Parliament and of the Council (18) ensures, inter alia, that the Union complies with the Protocol. The Commission in its evaluation of Regulation (EC) No 1005/2009 (19) concluded that the control measures established under that Regulation remain, in general, fit-for-purpose
  , are efficient and have significantly contributed to stratospheric ozone recovery and to reduce climate warming
  . |
| --- | --- |

(4)

Regulation (EC) No 1005/2009 of the European Parliament and of the Council (18) ensures, inter alia, that the Union complies with the Protocol. The Commission in its evaluation of Regulation (EC) No 1005/2009 (19) concluded that the control measures established under that Regulation remain, in general, fit-for-purpose
  , are efficient and have significantly contributed to stratospheric ozone recovery and to reduce climate warming
  .

18

19

, are efficient and have significantly contributed to stratospheric ozone recovery and to reduce climate warming

Amendment 2

Amendment 2

Proposal for a regulation

Proposal for a regulation

Recital 5

Recital 5

| Text proposed by the Commission | Amendment |
| --- | --- |
| (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 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 the necessary measures are in place to address any upcoming challenges swiftly and effectively. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(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 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 the necessary measures are in place to address any upcoming challenges swiftly and effectively.

as well as

| (5) | There is clear evidence of a decrease in the atmospheric burden of ozone depleting substances and of stratospheric ozone recovery. However,
  according to the European Environment Agency, the 2021 ozone hole was one of the larger and deeper ones of recent years and was larger than the average over the last 5 and 10 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,
  that more action is taken, and
  that the necessary measures are in place to address any upcoming challenges swiftly and effectively. |
| --- | --- |

(5)

There is clear evidence of a decrease in the atmospheric burden of ozone depleting substances and of stratospheric ozone recovery. However,
  according to the European Environment Agency, the 2021 ozone hole was one of the larger and deeper ones of recent years and was larger than the average over the last 5 and 10 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,
  that more action is taken, and
  that the necessary measures are in place to address any upcoming challenges swiftly and effectively.

according to the European Environment Agency, the 2021 ozone hole was one of the larger and deeper ones of recent years and was larger than the average over the last 5 and 10 years.

is still very fragile, and recovery

that more action is taken, and

Amendment 3

Amendment 3

Proposal for a regulation

Proposal for a regulation

Recital 7

Recital 7

| Text proposed by the Commission | Amendment |
| --- | --- |
| (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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(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.

| (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
  and addressed
  in this Regulation
  as well as on the labels of containers of ozone depleting substances
  .
  Where available, that 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. |
| --- | --- |

(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
  and addressed
  in this Regulation
  as well as on the labels of containers of ozone depleting substances
  .
  Where available, that 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.

and addressed

as well as on the labels of containers of ozone depleting substances

Where available, that 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 4

Amendment 4

Proposal for a regulation

Proposal for a regulation

Recital 7a (new)

Recital 7a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (7a) | Member States should establish binding action plans based on guidelines established by the Commission to reduce the risk of pyro-cumulonimbus formation from forest fires and their negative impact on the stratosphere and the ozone layer. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(7a)

(7a)

Member States should establish binding action plans based on guidelines established by the Commission to reduce the risk of pyro-cumulonimbus formation from forest fires and their 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 the risk of pyro-cumulonimbus formation from forest fires and their negative impact on the stratosphere and the ozone layer.

Amendment 5

Amendment 5

Proposal for a regulation

Proposal for a regulation

Recital 9a (new)

Recital 9a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (9a) | The Union's production of controlled ozone depleting substances in 2021 was higher than it had been during the previous 10 years, having increased by 27 % in 2021 compared to 2020. 90 % of that increase is due to feedstock use. Feedstock use increased by 11 % compared to 2020

   (1a)

  . While the derogation for ozone depleting substances used as feedstock in the chemical production of certain goods, including pharmaceuticals, has been justified in light of their low combined ozone-depleting potential (>1tODP) and the lack of feasible alternative options, it is possible that the emissions from feedstock uses are being underestimated

   (1b)

  . The Commission should therefore establish a list of ozone depleting substances for which the use as feedstock is permitted and regularly assess the availability of their alternatives. In order to progressively phase out such uses where alternatives exist, the power to adopt delegated acts should be delegated to the Commission to propose lower caps over time. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(9a)

(9a)

The Union's production of controlled ozone depleting substances in 2021 was higher than it had been during the previous 10 years, having increased by 27 % in 2021 compared to 2020. 90 % of that increase is due to feedstock use. Feedstock use increased by 11 % compared to 2020

   (1a)

  . While the derogation for ozone depleting substances used as feedstock in the chemical production of certain goods, including pharmaceuticals, has been justified in light of their low combined ozone-depleting potential (>1tODP) and the lack of feasible alternative options, it is possible that the emissions from feedstock uses are being underestimated

   (1b)

  . The Commission should therefore establish a list of ozone depleting substances for which the use as feedstock is permitted and regularly assess the availability of their alternatives. In order to progressively phase out such uses where alternatives exist, the power to adopt delegated acts should be delegated to the Commission to propose lower caps over time.

The Union's production of controlled ozone depleting substances in 2021 was higher than it had been during the previous 10 years, having increased by 27 % in 2021 compared to 2020. 90 % of that increase is due to feedstock use. Feedstock use increased by 11 % compared to 2020

1a

. While the derogation for ozone depleting substances used as feedstock in the chemical production of certain goods, including pharmaceuticals, has been justified in light of their low combined ozone-depleting potential (>1tODP) and the lack of feasible alternative options, it is possible that the emissions from feedstock uses are being underestimated

1b

. The Commission should therefore establish a list of ozone depleting substances for which the use as feedstock is permitted and regularly assess the availability of their alternatives. In order to progressively phase out such uses where alternatives exist, the power to adopt delegated acts should be delegated to the Commission to propose lower caps over time.

Amendment 6

Amendment 6

Proposal for a regulation

Proposal for a regulation

Recital 12

Recital 12

| Text proposed by the Commission | Amendment |
| --- | --- |
| (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 of stocks of halon recovered from equipment. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(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 of stocks of halon recovered from equipment.

| (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 to provide adequate monitoring
  of stocks of halon recovered from equipment. |
| --- | --- |

(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 to provide adequate monitoring
  of stocks of halon recovered from equipment.

and to provide adequate monitoring

Amendment 7

Amendment 7

Proposal for a regulation

Proposal for a regulation

Recital 13a (new)

Recital 13a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (13a) | There is growing concern over the impact on global emissions of some of the new substances listed in Annex II, including, for example, the rapid increase in atmospheric concentration of dichloromethane that could substantially delay, by more than a decade, the recovery of the ozone hole

   (1a)

  . In 2021, the production of new ozone depleting substances not covered by the Protocol, in metric tonnes, was about four times higher than the production of controlled substances

   (1b)

  . Further control and monitoring is therefore essential. The requirements applied to substances listed in Annex I in relation to leakages and registration in the licencing system should be extended to substances listed in Annex II. That approach not only reduces potential adverse environmental and health impacts but harmonises with the approach taken under Regulation (EU)2023/...of the European Parliament and of the Council on fluorinated greenhouse gases, amending Directive (EU) 2019/1937 and repealing Regulation (EU) No 517/2014. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(13a)

(13a)

There is growing concern over the impact on global emissions of some of the new substances listed in Annex II, including, for example, the rapid increase in atmospheric concentration of dichloromethane that could substantially delay, by more than a decade, the recovery of the ozone hole

   (1a)

  . In 2021, the production of new ozone depleting substances not covered by the Protocol, in metric tonnes, was about four times higher than the production of controlled substances

   (1b)

  . Further control and monitoring is therefore essential. The requirements applied to substances listed in Annex I in relation to leakages and registration in the licencing system should be extended to substances listed in Annex II. That approach not only reduces potential adverse environmental and health impacts but harmonises with the approach taken under Regulation (EU)2023/...of the European Parliament and of the Council on fluorinated greenhouse gases, amending Directive (EU) 2019/1937 and repealing Regulation (EU) No 517/2014.

There is growing concern over the impact on global emissions of some of the new substances listed in Annex II, including, for example, the rapid increase in atmospheric concentration of dichloromethane that could substantially delay, by more than a decade, the recovery of the ozone hole

1a

. In 2021, the production of new ozone depleting substances not covered by the Protocol, in metric tonnes, was about four times higher than the production of controlled substances

1b

. Further control and monitoring is therefore essential. The requirements applied to substances listed in Annex I in relation to leakages and registration in the licencing system should be extended to substances listed in Annex II. That approach not only reduces potential adverse environmental and health impacts but harmonises with the approach taken under Regulation (EU)2023/...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 8

Amendment 8

Proposal for a regulation

Proposal for a regulation

Recital 16

Recital 16

| Text proposed by the Commission | Amendment |
| --- | --- |
| (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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(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.

| (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, undertakings should be required, when placing such containers on the market, to produce evidence on the arrangements for return for the purpose of refilling. |
| --- | --- |

(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, undertakings should be required, when placing such containers on the market, to produce evidence on the arrangements for return for the purpose of refilling.

To ensure that refillable containers are refilled instead of being discarded, undertakings should be required, when placing such containers on the market, to produce evidence on the arrangements for return for the purpose of refilling.

Amendment 9

Amendment 9

Proposal for a regulation

Proposal for a regulation

Recital 17

Recital 17

| Text proposed by the Commission | Amendment |
| --- | --- |
| (17) | Regulation (EC) No 1272/2008 of the European Parliament and of the Council (24) 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 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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(17)

Regulation (EC) No 1272/2008 of the European Parliament and of the Council (24) 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 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

| (17) | Regulation (EC) No 1272/2008 of the European Parliament and of the Council (24) 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 and products and equipment containing those ozone depleting substances or whose functioning relies upon those substances, as well as other
  ozone depleting substances produced for feedstock, process agent, laboratory and analytical uses
  and for destruction within the Union
  , those substances should be distinguished from substances that are produced for other uses. |
| --- | --- |

(17)

Regulation (EC) No 1272/2008 of the European Parliament and of the Council (24) 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 and products and equipment containing those ozone depleting substances or whose functioning relies upon those substances, as well as other
  ozone depleting substances produced for feedstock, process agent, laboratory and analytical uses
  and for destruction within the Union
  , those substances should be distinguished from substances that are produced for other uses.

24

halon and methyl bromide and products and equipment containing those ozone depleting substances or whose functioning relies upon those substances, as well as other

and for destruction within the Union

Amendment 10

Amendment 10

Proposal for a regulation

Proposal for a regulation

Recital 18

Recital 18

| Text proposed by the Commission | Amendment |
| --- | --- |
| (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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(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.

| (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
  . |
| --- | --- |

(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
  .

, 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 11

Amendment 11

Proposal for a regulation

Proposal for a regulation

Recital 19

Recital 19

| Text proposed by the Commission | Amendment |
| --- | --- |
| (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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(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.

| (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
  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 this Regulation. |
| --- | --- |

(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
  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 this Regulation.

rigorously monitored,

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 this Regulation.

Amendment 12

Amendment 12

Proposal for a regulation

Proposal for a regulation

Recital 23

Recital 23

| Text proposed by the Commission | Amendment |
| --- | --- |
| (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
  . Re-export of products not compliant with this Regulation should be prohibited in any event. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(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
  . Re-export of products not compliant with this Regulation should be prohibited in any event.

for disposal

| (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
  and destroy them
  . Re-export of products not compliant with this Regulation should be prohibited in any event. |
| --- | --- |

(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
  and destroy them
  . Re-export of products not compliant with this Regulation should be prohibited in any event.

and destroy them

Amendment 13

Amendment 13

Proposal for a regulation

Proposal for a regulation

Recital 28a (new)

Recital 28a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (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. That requirement could nevertheless create some additional need for training specialised personnel in the relevant undertakings, which are often small and medium-sized enterprises. Member States should therefore establish minimum qualification requirements for the personnel involved and also increase the availability of training programmes for the upskilling of workers and the use of sustainable techniques. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(28a)

(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. That requirement could nevertheless create some additional need for training specialised personnel in the relevant undertakings, which are often small and medium-sized enterprises. Member States should therefore establish minimum qualification requirements for the personnel involved and also increase the availability of training programmes for the upskilling of workers and the use of sustainable techniques.

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. That requirement could nevertheless create some additional need for training specialised personnel in the relevant undertakings, which are often small and medium-sized enterprises. Member States should therefore establish minimum qualification requirements for the personnel involved and also increase the availability of training programmes for the upskilling of workers and the use of sustainable techniques.

Amendment 14

Amendment 14

Proposal for a regulation

Proposal for a regulation

Recital 28b (new)

Recital 28b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (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, leaving no one behind, for the personnel employed by undertakings which do not succeed in the transition to such alternatives. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(28b)

(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, leaving no one behind, for the personnel employed by undertakings which do not succeed in the transition to such alternatives.

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, leaving no one behind, for the personnel employed by undertakings which do not succeed in the transition to such alternatives.

Amendment 15

Amendment 15

Proposal for a regulation

Proposal for a regulation

Recital 32

Recital 32

| Text proposed by the Commission | Amendment |
| --- | --- |
| (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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(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.

be able to

the need to extend some or all

| (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 assess
  a future extension
  of the control measures
  for recovery, destruction, recycling or reclamation,
  applicable for the substances listed in Annex I to also cover those substances. |
| --- | --- |

(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 assess
  a future extension
  of the control measures
  for recovery, destruction, recycling or reclamation,
  applicable for the substances listed in Annex I to also cover those substances.

a future extension

for recovery, destruction, recycling or reclamation,

Amendment 16

Amendment 16

Proposal for a regulation

Proposal for a regulation

Recital 33a (new)

Recital 33a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (33a) | Whistle-blowers can bring new information to the attention of the 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 whistle-blowers from retaliation. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(33a)

(33a)

Whistle-blowers can bring new information to the attention of the 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 whistle-blowers from retaliation.

Whistle-blowers can bring new information to the attention of the 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 whistle-blowers from retaliation.

Amendment 17

Amendment 17

Proposal for a regulation

Proposal for a regulation

Recital 36

Recital 36

| Text proposed by the Commission | Amendment |
| --- | --- |
| (36) | Serious infringements of this Regulation should also be prosecuted under criminal law, in accordance with Directive 2008/99/EC of the European Parliament and of the Council (27). |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(36)

Serious infringements of this Regulation should also be prosecuted under criminal law, in accordance with Directive 2008/99/EC of the European Parliament and of the Council (27).

27

| (36) | Serious infringements of this Regulation should also be prosecuted under criminal law, in accordance with Directive 2008/99/EC of the European Parliament and of the Council (27).
  Taking into account that while administrative and criminal offences are different in nature, they are not mutually exclusive, and therefore administrative penalties would be imposed by the competent authority in the framework of administrative proceedings and criminal penalties by the criminal court in a Member State in accordance with Directive 2008/99/EC. |
| --- | --- |

(36)

Serious infringements of this Regulation should also be prosecuted under criminal law, in accordance with Directive 2008/99/EC of the European Parliament and of the Council (27).
  Taking into account that while administrative and criminal offences are different in nature, they are not mutually exclusive, and therefore administrative penalties would be imposed by the competent authority in the framework of administrative proceedings and criminal penalties by the criminal court in a Member State in accordance with Directive 2008/99/EC.

27

Taking into account that while administrative and criminal offences are different in nature, they are not mutually exclusive, and therefore administrative penalties would be imposed by the competent authority in the framework of administrative proceedings and criminal penalties by the criminal court in a Member State in accordance with Directive 2008/99/EC.

Amendment 18

Amendment 18

Proposal for a regulation

Proposal for a regulation

Recital 40a (new)

Recital 40a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (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, N2O has been recognised as one of the most significant ozone-depleting substances and risks undermining the gains of the Protocol

   (1a)

  . In its Communication of 20 May 2020 entitled ‘Farm to Fork Strategy for a fair, healthy and environmentally-friendly food system’, 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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(40a)

(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, N2O has been recognised as one of the most significant ozone-depleting substances and risks undermining the gains of the Protocol

   (1a)

  . In its Communication of 20 May 2020 entitled ‘Farm to Fork Strategy for a fair, healthy and environmentally-friendly food system’, 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.

Nitrous oxide (N2

2

1a

. In its Communication of 20 May 2020 entitled ‘Farm to Fork Strategy for a fair, healthy and environmentally-friendly food system’, 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.

Amendment 19

Amendment 19

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1

Article 1 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 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
  use
  of products and equipment containing ozone depleting substances or whose functioning relies upon on those substances. | 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
  utilisation
  of products and equipment containing ozone depleting substances or whose functioning relies upon on those substances. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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
  use
  of products and equipment containing ozone depleting substances or whose functioning relies upon on those substances.

use

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
  utilisation
  of products and equipment containing ozone depleting substances or whose functioning relies upon on those substances.

storage and

utilisation

Amendment 20

Amendment 20

Proposal for a regulation

Proposal for a regulation

Article 2 — paragraph 2

Article 2 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   This Regulation also applies to products and equipment, and parts thereof, containing ozone depleting substances or whose functioning relies
  upon
  those substances. | 2.   This Regulation also applies to products and equipment, and parts thereof, containing ozone depleting substances or whose functioning relies
  partly or entirely on
  those substances. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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

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

Amendment 21

Amendment 21

Proposal for a regulation

Proposal for a regulation

Article 3 — paragraph 1 — point 1

Article 3 — paragraph 1 — point 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| (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
  ; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(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
  ;

and emissions are insignificant

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

(1)

‘feedstock’ means any ozone depleting substance that undergoes chemical transformation in a process in which it is entirely converted from its original composition;

Amendment 22

Amendment 22

Proposal for a regulation

Proposal for a regulation

Article 3 — paragraph 1 — point 5

Article 3 — paragraph 1 — point 5

| Text proposed by the Commission | Amendment |
| --- | --- |
| (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
  use
  of products or equipment manufactured for own
  use
  ; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(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
  use
  of products or equipment manufactured for own
  use
  ;

use

use

| (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
  utilisation
  of products or equipment manufactured for own
  utilisation
  ; |
| --- | --- |

(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
  utilisation
  of products or equipment manufactured for own
  utilisation
  ;

utilisation

utilisation

Amendment 23

Amendment 23

Proposal for a regulation

Proposal for a regulation

Article 3 — paragraph 1 — point 6a (new)

Article 3 — paragraph 1 — point 6a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (6a) | ‘producer’ means any natural or legal person producing ozone depleting substances within the Union; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(6a)

(6a)

‘producer’ means any natural or legal person producing ozone depleting substances within the Union;

Amendment 24

Amendment 24

Proposal for a regulation

Proposal for a regulation

Article 3 — paragraph 1 — point 10a (new)

Article 3 — paragraph 1 — point 10a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (10a) | ‘container’ means a container as defined in Article [X] of Regulation xxxx/xxxx [F-Gas Regulation]; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(10a)

(10a)

‘container’ means a container as defined in Article [X] of Regulation xxxx/xxxx [F-Gas Regulation];

Amendment 25

Amendment 25

Proposal for a regulation

Proposal for a regulation

Article 3 — paragraph 1 — point 11

Article 3 — paragraph 1 — point 11

| Text proposed by the Commission | Amendment |
| --- | --- |
| (11) | ‘products and equipment’ means all products and equipment, including parts thereof, except containers,
  used
  for the transportation or storage of ozone depleting substances; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(11)

‘products and equipment’ means all products and equipment, including parts thereof, except containers,
  used
  for the transportation or storage of ozone depleting substances;

used

| (11) | ‘products and equipment’ means all products and equipment, including parts thereof, except containers,
  utilised
  for the transportation or storage of ozone depleting substances; |
| --- | --- |

(11)

‘products and equipment’ means all products and equipment, including parts thereof, except containers,
  utilised
  for the transportation or storage of ozone depleting substances;

utilised

Amendment 26

Amendment 26

Proposal for a regulation

Proposal for a regulation

Article 6 — paragraph 1

Article 6 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 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. | 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
  only where they are permitted
  to be used as feedstock. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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.

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
  only where they are permitted
  to be used as feedstock.

only where they are permitted

Amendment 27

Amendment 27

Proposal for a regulation

Proposal for a regulation

Article 6 — paragraph 1 a (new)

Article 6 — paragraph 1 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | The Commission shall by... [12 months after the date of entry into force of this Regulation], adopt delegated acts in accordance with Article 29 to supplement this Regulation by establishing a list of ozone depleting substances listed in Annex I for which the use as feedstock is permitted, the respective feedstock uses for each of those substances, and their emission level. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The Commission shall by... [12 months after the date of entry into force of this Regulation], adopt delegated acts in accordance with Article 29 to supplement this Regulation by establishing a list of ozone depleting substances listed in Annex I for which the use as feedstock is permitted, the respective feedstock uses for each of those substances, and their emission level.

The Commission shall by... [12 months after the date of entry into force of this Regulation], adopt delegated acts in accordance with Article 29 to supplement this Regulation by establishing a list of ozone depleting substances listed in Annex I for which the use as feedstock is permitted, the respective feedstock uses for each of those substances, and their emission level.

Amendment 28

Amendment 28

Proposal for a regulation

Proposal for a regulation

Article 6 — paragraph 1 b (new)

Article 6 — paragraph 1 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | By 1 January 2025 and every 2,5 years thereafter, the Commission shall assess the current and future availability of alternatives to ozone depleting substances listed in Annex I for which the use as feedstock is permitted within the Union, taking into account scientific recommendations, the impacts in terms of ozone-depleting potential and the availability of more precise data on the greenhouse gas emissions from feedstock, technological developments resulting in the availability of technically feasible alternatives, and the energy use, efficiency, economic feasibility and cost of those alternatives. The Commission shall submit the conclusions of those assessments to the European Parliament and to the Council. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

By 1 January 2025 and every 2,5 years thereafter, the Commission shall assess the current and future availability of alternatives to ozone depleting substances listed in Annex I for which the use as feedstock is permitted within the Union, taking into account scientific recommendations, the impacts in terms of ozone-depleting potential and the availability of more precise data on the greenhouse gas emissions from feedstock, technological developments resulting in the availability of technically feasible alternatives, and the energy use, efficiency, economic feasibility and cost of those alternatives. The Commission shall submit the conclusions of those assessments to the European Parliament and to the Council.

By 1 January 2025 and every 2,5 years thereafter, the Commission shall assess the current and future availability of alternatives to ozone depleting substances listed in Annex I for which the use as feedstock is permitted within the Union, taking into account scientific recommendations, the impacts in terms of ozone-depleting potential and the availability of more precise data on the greenhouse gas emissions from feedstock, technological developments resulting in the availability of technically feasible alternatives, and the energy use, efficiency, economic feasibility and cost of those alternatives. The Commission shall submit the conclusions of those assessments to the European Parliament and to the Council.

Amendment 29

Amendment 29

Proposal for a regulation

Proposal for a regulation

Article 6 — paragraph 1 c (new)

Article 6 — paragraph 1 c (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Where the Commission concludes in its assessment that a feasible alternative to an ozone depleting substance is available for a particular use as feedstock, the Commission shall, within 3 months, adopt delegated acts in accordance with Article 29 supplementing this Regulation to set a maximum emission level and a schedule for phasing-out the quantitative limits of the use of the relevant ozone depleting substance on the list referred to in second paragraph of this Article. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Where the Commission concludes in its assessment that a feasible alternative to an ozone depleting substance is available for a particular use as feedstock, the Commission shall, within 3 months, adopt delegated acts in accordance with Article 29 supplementing this Regulation to set a maximum emission level and a schedule for phasing-out the quantitative limits of the use of the relevant ozone depleting substance on the list referred to in second paragraph of this Article.

Where the Commission concludes in its assessment that a feasible alternative to an ozone depleting substance is available for a particular use as feedstock, the Commission shall, within 3 months, adopt delegated acts in accordance with Article 29 supplementing this Regulation to set a maximum emission level and a schedule for phasing-out the quantitative limits of the use of the relevant ozone depleting substance on the list referred to in second paragraph of this Article.

Amendment 30

Amendment 30

Proposal for a regulation

Proposal for a regulation

Article 6 — paragraph 1 d (new)

Article 6 — paragraph 1 d (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Ozone depleting substances that are produced, placed on the market, and subsequently supplied or made available, whether in return for payment or free of charge, to another person within the Union for use as feedstock, may only be used for that purpose. Containers containing ozone depleting substances intended for such uses 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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Ozone depleting substances that are produced, placed on the market, and subsequently supplied or made available, whether in return for payment or free of charge, to another person within the Union for use as feedstock, may only be used for that purpose. Containers containing ozone depleting substances intended for such uses 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.

Ozone depleting substances that are produced, placed on the market, and subsequently supplied or made available, whether in return for payment or free of charge, to another person within the Union for use as feedstock, may only be used for that purpose. Containers containing ozone depleting substances intended for such uses 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 31

Amendment 31

Proposal for a regulation

Proposal for a regulation

Article 9 — paragraph 3

Article 9 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 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 not available for the uses listed in that Annex within the timeframes set out in 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). | 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 prior to one or more 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, 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). |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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 not available for the uses listed in that Annex within the timeframes set out in 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).

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 prior to one or more 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, 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 32

Amendment 32

Proposal for a regulation

Proposal for a regulation

Article 9 — paragraph 4

Article 9 — paragraph 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| 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). | 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
  shall
  include in those implementing acts reporting requirements, and
  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). |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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).

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
  shall
  include in those implementing acts reporting requirements, and
  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 33

Amendment 33

Proposal for a regulation

Proposal for a regulation

Article 10 — paragraph 1

Article 10 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 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. Any unused quantities of methyl bromide shall be destroyed. | 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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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. Any unused quantities of methyl bromide shall be destroyed.

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 34

Amendment 34

Proposal for a regulation

Proposal for a regulation

Article 10 — paragraph 2

Article 10 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 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 following the end of the derogation. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 28(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
  shall
  include in those implementing acts reporting requirements and
  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). |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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 following the end of the derogation. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 28(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
  shall
  include in those implementing acts reporting requirements and
  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 35

Amendment 35

Proposal for a regulation

Proposal for a regulation

Article 13 — paragraph 2 — subparagraph 2

Article 13 — paragraph 2 — subparagraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| The licence referred to in
  the first subparagraph shall
  not be required in cases
  of temporary storage. | By way of derogation from
  the first subparagraph
  of this paragraph and from Article 16, the Commission
  shall
  , by means of implementing acts, establish simplified rules for licencing in the case
  of temporary storage
  as defined in Article 5, point (17), of Regulation (EU) No 952/2013
  .
  Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 28(2). |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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

The licence referred to in

not be required in cases

By way of derogation from
  the first subparagraph
  of this paragraph and from Article 16, the Commission
  shall
  , by means of implementing acts, establish simplified rules for licencing in the case
  of temporary storage
  as defined in Article 5, point (17), of Regulation (EU) No 952/2013
  .
  Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 28(2).

By way of derogation from

of this paragraph and from Article 16, the Commission

, by means of implementing acts, establish simplified rules for licencing in the case

as defined in Article 5, point (17), of Regulation (EU) No 952/2013

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 28(2).

Amendment 36

Amendment 36

Proposal for a regulation

Proposal for a regulation

Article 14 — paragraph 2 — subparagraph 1

Article 14 — paragraph 2 — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 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. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 28(2). | 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, such export is in line with domestic legislation in the destination country
  and such products and equipment would, after the end of their life cycle and on the basis of domestic legislation, be handled by that destination country in such a way that would not give rise to the release of ozone depleting substances into the external environment
  . Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 28(2). |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 28(2).

and

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, such export is in line with domestic legislation in the destination country
  and such products and equipment would, after the end of their life cycle and on the basis of domestic legislation, be handled by that destination country in such a way that would not give rise to the release of ozone depleting substances into the external environment
  . Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 28(2).

and such products and equipment would, after the end of their life cycle and on the basis of domestic legislation, be handled by that destination country in such a way that would not give rise to the release of ozone depleting substances into the external environment

Amendment 37

Amendment 37

Proposal for a regulation

Proposal for a regulation

Article 14 — paragraph 3 — subparagraph 2

Article 14 — paragraph 3 — subparagraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| The licence referred to in
  the first subparagraph shall
  not be required in cases of re-export subsequent to
  temporary storage. | By way of derogation from
  the first subparagraph
  of this paragraph and from Article 16, the Commission
  shall
  , by means of implementing acts, establish simplified rules for licencing in case of
  temporary storage
  as defined in Article 5, point (17) of Regulation (EU) No 952/2013
  .
  Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 28(2). |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The licence referred to in
  the first subparagraph shall
  not be required in cases of re-export subsequent to
  temporary storage.

The licence referred to in

not be required in cases of re-export subsequent to

By way of derogation from
  the first subparagraph
  of this paragraph and from Article 16, the Commission
  shall
  , by means of implementing acts, establish simplified rules for licencing in case of
  temporary storage
  as defined in Article 5, point (17) of Regulation (EU) No 952/2013
  .
  Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 28(2).

By way of derogation from

of this paragraph and from Article 16, the Commission

, by means of implementing acts, establish simplified rules for licencing in case of

as defined in Article 5, point (17) of Regulation (EU) No 952/2013

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 28(2).

Amendment 38

Amendment 38

Proposal for a regulation

Proposal for a regulation

Article 15 — paragraph 1 — subparagraph 2

Article 15 — paragraph 1 — subparagraph 2

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

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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

for disposal

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. The re-export of prohibited non-refillable containers is prohibited.

and destroyed

Amendment 39

Amendment 39

Proposal for a regulation

Proposal for a regulation

Article 15 — paragraph 1a (new)

Article 15 — paragraph 1a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 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. Those arrangements shall contain binding obligations for compliance by the supplier of those containers to end-users. |
| | The undertakings referred to in the first subparagraph shall keep the declaration of conformity for a period of at least 5 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. Suppliers of those containers to end-users shall keep evidence of compliance with those arrangements for a period of at least 5 years after supply to the end-user and shall make it available, on request, to the competent authorities of the Member States. |
| | 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). |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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. Those arrangements shall contain binding obligations for compliance by the supplier of those containers to end-users.

The undertakings referred to in the first subparagraph shall keep the declaration of conformity for a period of at least 5 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. Suppliers of those containers to end-users shall keep evidence of compliance with those arrangements for a period of at least 5 years after supply to the end-user and shall make it available, on request, to the competent authorities of the Member States.

The undertakings referred to in the first subparagraph shall keep the declaration of conformity for a period of at least 5 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. Suppliers of those containers to end-users shall keep evidence of compliance with those arrangements for a period of at least 5 years after supply to the end-user and shall make it available, on request, to the competent authorities of the Member States.

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).

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 40

Amendment 40

Proposal for a regulation

Proposal for a regulation

Article 15 — paragraph 2 — subparagraph 2

Article 15 — paragraph 2 — subparagraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| For the purpose of
  submitting
  evidence, importers and producers shall draw up a declaration of conformity and join supporting documentation 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 documentation for a period of at least five years after the placing on the market and make them available, upon request, to national competent authorities and to the Commission. | For the purpose of
  providing the
  evidence
  referred to in the first subparagraph of paragraph 1a
  , 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; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

For the purpose of
  submitting
  evidence, importers and producers shall draw up a declaration of conformity and join supporting documentation 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 documentation for a period of at least five years after the placing on the market and make them available, upon request, to national competent authorities and to the Commission.

submitting

and the

For the purpose of
  providing the
  evidence
  referred to in the first subparagraph of paragraph 1a
  , importers and producers shall draw up a declaration of conformity
  , verified by an accredited auditor,
  and join supporting documentation
  with:

providing the

referred to in the first subparagraph of paragraph 1a

, verified by an accredited auditor,

with:

(a)

(a)

information
  on the production facility;

information

| (b) | the proof of availability and operation of the best available abatement technology at the production facility; |
| --- | --- |

(b)

(b)

the proof of availability and operation of the best available abatement technology at the production facility;

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; |
| --- | --- |

(c)

(c)

the proof of
  mitigation measures adopted to prevent emissions of trifluoromethane
  , in line with best available techniques;

the proof of

, in line with best available techniques;

| (d) | the proof of destruction or recovery of any quantity of emitted trifluoromethane, in line with best available techniques and in accordance with the requirements laid down in Article 20(7). |
| --- | --- |

(d)

(d)

the proof of destruction or recovery of any quantity of emitted trifluoromethane, in line with best available techniques and in accordance with the requirements laid down in Article 20(7).

the proof of destruction or recovery of any quantity of emitted trifluoromethane, in line with best available techniques and in accordance with the requirements laid down in Article 20(7).

Producers and importers shall keep the declaration of conformity and supporting documentation for a period of at least five years after the placing on the market and make them available, upon request, to the competent authorities and to the Commission.

Amendment 41

Amendment 41

Proposal for a regulation

Proposal for a regulation

Article 15 — paragraph 2 — subparagraph 3

Article 15 — paragraph 2 — subparagraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| The Commission
  may
  , by means of implementing acts, determine the detailed arrangements relating to 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). | The Commission
  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). |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The Commission
  may
  , by means of implementing acts, determine the detailed arrangements relating to 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).

may

The Commission
  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).

shall

and the detailed elements of

Amendment 42

Amendment 42

Proposal for a regulation

Proposal for a regulation

Article 15 — paragraph 3 — subparagraph 1

Article 15 — paragraph 3 — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| Ozone depleting substances produced or placed on the market
  as feedstock, as process agents, or for essential laboratory and analytical uses
  as referred to in Articles 6, 7
  and 8
  may only be used for those purposes. | Ozone depleting substances produced or placed on the market
  and products and equipment containing ozone depleting substances or whose functioning relies on those substances produced or placed on the market and subsequently supplied or made available
  as referred to in Articles 6, 7
  , 8, 9 and 10
  may only be used for those purposes.
  Ozone depleting substances, and products and equipment containing ozone depleting substances or whose functioning relies on those substances, placed on the market for destruction as referred to in Article 12 may only be used or utilised for that purpose. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Ozone depleting substances produced or placed on the market
  as feedstock, as process agents, or for essential laboratory and analytical uses
  as referred to in Articles 6, 7
  and 8
  may only be used for those purposes.

as feedstock, as process agents, or for essential laboratory and analytical uses

and 8

Ozone depleting substances produced or placed on the market
  and products and equipment containing ozone depleting substances or whose functioning relies on those substances produced or placed on the market and subsequently supplied or made available
  as referred to in Articles 6, 7
  , 8, 9 and 10
  may only be used for those purposes.
  Ozone depleting substances, and products and equipment containing ozone depleting substances or whose functioning relies on those substances, placed on the market for destruction as referred to in Article 12 may only be used or utilised for that purpose.

and products and equipment containing ozone depleting substances or whose functioning relies on those substances produced or placed on the market and subsequently supplied or made available

, 8, 9 and 10

Ozone depleting substances, and products and equipment containing ozone depleting substances or whose functioning relies on those substances, placed on the market for destruction as referred to in Article 12 may only be used or utilised for that purpose.

Amendment 43

Amendment 43

Proposal for a regulation

Proposal for a regulation

Article 15 — paragraph 3 — subparagraph 2

Article 15 — paragraph 3 — subparagraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| Containers containing the substances intended for the uses referred to in Articles 6, 7
  and 8
  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. | Containers containing the substances intended for the uses referred to in Articles 6, 7
  , 8, 9, 10, 11 and 12
  shall be labelled with a clear indication that the substance may only be used for the applicable purpose
  . 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. Where such substances have been reclaimed or recycled, the label shall include that information, the information on the batch number and the name and address of the reclamation or recycling facility
  . 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.
  Where relevant, refilled containers shall be relabelled with updated information. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Containers containing the substances intended for the uses referred to in Articles 6, 7
  and 8
  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.

and 8

Containers containing the substances intended for the uses referred to in Articles 6, 7
  , 8, 9, 10, 11 and 12
  shall be labelled with a clear indication that the substance may only be used for the applicable purpose
  . 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. Where such substances have been reclaimed or recycled, the label shall include that information, the information on the batch number and the name and address of the reclamation or recycling facility
  . 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.
  Where relevant, refilled containers shall be relabelled with updated information.

, 8, 9, 10, 11 and 12

. 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. Where such substances have been reclaimed or recycled, the label shall include that information, the information on the batch number and the name and address of the reclamation or recycling facility

Where relevant, refilled containers shall be relabelled with updated information.

Amendment 44

Amendment 44

Proposal for a regulation

Proposal for a regulation

Article 16 — paragraph 1

Article 16 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 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’). | 1.   The Commission shall set up and ensure the operation of the electronic licensing system for ozone depleting substances listed in
  Annexes
  I and
  II and
  products and equipment containing those substances or whose functioning relies upon those substances (‘the licensing system’). |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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’).

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

Amendment 45

Amendment 45

Proposal for a regulation

Proposal for a regulation

Article 16 — paragraph 5

Article 16 — paragraph 5

| Text proposed by the Commission | Amendment |
| --- | --- |
| 5.   Each undertaking that holds a licence shall, during the period of validity of the license, notify the Commission 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. | 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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

5.   Each undertaking that holds a licence shall, during the period of validity of the license, notify the Commission 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.

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 46

Amendment 46

Proposal for a regulation

Proposal for a regulation

Article 17 — paragraph 3 — introductory part

Article 17 — paragraph 3 — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| 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
  upon
  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: | 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
  partly 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: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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
  upon
  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:

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
  partly 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 47

Amendment 47

Proposal for a regulation

Proposal for a regulation

Article 17 — paragraph 11 — subparagraph 1

Article 17 — paragraph 11 — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| Customs authorities shall confiscate or seize
  substances,
  the 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) 2019/1020 of the European Parliament and the Council (33) . | Customs authorities shall confiscate or seize the substances and products and equipment that are prohibited by this Regulation 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) 2019/1020 of the European Parliament and the Council (33). |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Customs authorities shall confiscate or seize
  substances,
  the 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) 2019/1020 of the European Parliament and the Council (33) .

substances,

is prohibited

33

Customs authorities shall confiscate or seize the substances and products and equipment that are prohibited by this Regulation 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) 2019/1020 of the European Parliament and the Council (33).

33

Amendment 48

Amendment 48

Proposal for a regulation

Proposal for a regulation

Article 17 — paragraph 12 — subparagraph 1

Article 17 — paragraph 12 — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 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 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. | 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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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 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.

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.

with the necessary human and material resources

Amendment 49

Amendment 49

Proposal for a regulation

Proposal for a regulation

Article 20 — paragraph 1

Article 20 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 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. | 1.   Ozone depleting substances listed in
  Annexes
  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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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.

1.   Ozone depleting substances listed in
  Annexes
  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 50

Amendment 50

Proposal for a regulation

Proposal for a regulation

Article 20 — paragraph 6

Article 20 — paragraph 6

| Text proposed by the Commission | Amendment |
| --- | --- |
| 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. | 6.   Ozone depleting substances listed in
  Annexes
  I 
  and 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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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.

6.   Ozone depleting substances listed in
  Annexes
  I 
  and 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 51

Amendment 51

Proposal for a regulation

Proposal for a regulation

Article 20 — paragraph 9

Article 20 — paragraph 9

| Text proposed by the Commission | Amendment |
| --- | --- |
| 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. | 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 appropriate training programmes for natural persons carrying out those tasks are made available. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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.

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 appropriate training programmes for natural persons carrying out those tasks are made available.

Amendment 52

Amendment 52

Proposal for a regulation

Proposal for a regulation

Article 21 — paragraph 2

Article 21 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 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. | 2.   Undertakings shall take all necessary precautions to prevent and minimise any unintentional release of ozone depleting substances listed in
  Annexes
  I 
  and 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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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.

2.   Undertakings shall take all necessary precautions to prevent and minimise any unintentional release of ozone depleting substances listed in
  Annexes
  I 
  and 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 53

Amendment 53

Proposal for a regulation

Proposal for a regulation

Article 21 — paragraph 3

Article 21 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 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. | 3.   Undertakings operating equipment containing ozone depleting substances listed in
  Annexes
  I 
  and II
  , shall ensure that any detected leakage is repaired without undue delay, without prejudice to the prohibition to use the ozone depleting substances. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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.

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

Amendment 54

Amendment 54

Proposal for a regulation

Proposal for a regulation

Article 21 — paragraph 3a (new)

Article 21 — paragraph 3a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 3a.
     
  Undertakings operating refrigeration, air conditioning or heat pump equipment, or fire protection systems, including their circuits, which contain ozone depleting substances shall ensure that the stationary equipment or systems with a fluid charge of: |
| | (a) | 3 kg or more of ozone depleting 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; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3a.
     
  Undertakings operating refrigeration, air conditioning or heat pump equipment, or fire protection systems, including their circuits, which contain ozone depleting substances shall ensure that the stationary equipment or systems with a fluid charge of:

(a)

(a)

3 kg or more of ozone depleting 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;

3 kg or more of ozone depleting 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 ozone depleting substances are checked for leakage at least once every 6 months; |
| --- | --- |

(b)

(b)

30 kg or more of ozone depleting substances are checked for leakage at least once every 6 months;

30 kg or more of ozone depleting substances are checked for leakage at least once every 6 months;

| (c) | 300 kg or more of ozone depleting substances are checked for leakage at least once every 3 months; and 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. |
| --- | --- |

(c)

(c)

300 kg or more of ozone depleting substances are checked for leakage at least once every 3 months; and 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.

300 kg or more of ozone depleting substances are checked for leakage at least once every 3 months; and 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 55

Amendment 55

Proposal for a regulation

Proposal for a regulation

Article 21 — paragraph 5

Article 21 — paragraph 5

| Text proposed by the Commission | Amendment |
| --- | --- |
| 5.   Member States shall establish the minimum qualification requirements for the personnel carrying out activities referred to in paragraph 3. | 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 appropriate training programmes for natural persons carrying out those activities are made available. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

5.   Member States shall establish the minimum qualification requirements for the personnel carrying out activities referred to in paragraph 3.

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 appropriate training programmes for natural persons carrying out those activities are made available.

Amendment 56

Amendment 56

Proposal for a regulation

Proposal for a regulation

Article 22 — paragraph 3

Article 22 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 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. | 3.   The Commission is empowered to adopt delegated acts in accordance with Article 29 to amend Annexes I and II
  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
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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.

3.   The Commission is empowered to adopt delegated acts in accordance with Article 29 to amend Annexes I and II
  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 57

Amendment 57

Proposal for a regulation

Proposal for a regulation

Article 24 — paragraph 1 — subparagraph 3 a (new)

Article 24 — paragraph 1 — subparagraph 3 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Each year by 31 March ...[the year of application of this Regulation], and every year thereafter, each undertaking that has placed on the market ozone depleting substances shall submit to the Commission a report demonstrating compliance with Article 15(2). |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Each year by 31 March ...[the year of application of this Regulation], and every year thereafter, each undertaking that has placed on the market ozone depleting substances shall submit to the Commission a report demonstrating compliance with Article 15(2).

Each year by 31 March ...[the year of application of this Regulation], and every year thereafter, each undertaking that has placed on the market ozone depleting substances shall submit to the Commission a report demonstrating compliance with Article 15(2).

Amendment 58

Amendment 58

Proposal for a regulation

Proposal for a regulation

Article 24 — paragraph 2

Article 24 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| (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. | (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 the data is granted
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(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.

(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 the data is granted
  .

Amendment 59

Amendment 59

Proposal for a regulation

Proposal for a regulation

Article 26 — paragraph 1

Article 26 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   The competent authorities of Member States shall carry out checks to establish whether undertakings comply with their obligations under this Regulation. | 1.   The competent authorities of Member States shall carry out
  regular
  checks to establish whether undertakings comply with their obligations under this Regulation. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   The competent authorities of Member States shall carry out checks to establish whether undertakings comply with their obligations under this Regulation.

1.   The competent authorities of Member States shall carry out
  regular
  checks to establish whether undertakings comply with their obligations under this Regulation.

Amendment 60

Amendment 60

Proposal for a regulation

Proposal for a regulation

Article 27 — paragraph 4 — point c

Article 27 — paragraph 4 — point c

| Text proposed by the Commission | Amendment |
| --- | --- |
| (c) | suspension or revocation of the authorisation to carry out activities as these fall under the scope of this Regulation. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(c)

suspension or revocation of the authorisation to carry out activities as these fall under the scope of this Regulation.

| (c) | temporary
  suspension or revocation of the authorisation to carry out activities as these fall under the scope of this Regulation. |
| --- | --- |

(c)

temporary
  suspension or revocation of the authorisation to carry out activities as these fall under the scope of this Regulation.

temporary

Amendment 61

Amendment 61

Proposal for a regulation

Proposal for a regulation

Article 27 — paragraph 5 — subparagraph 1

Article 27 — paragraph 5 — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 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
  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. | 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
  set out minimum administrative fines of at least four times the market value of the ozone depleting substances or products and equipment concerned and
  maximum administrative fines of at least
  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
  set out minimum administrative fines of at least seven times the value of the ozone depleting substances or products and equipment concerned and
  maximum administrative fines of at least
  ten
  times the market value of the concerned substances or products and equipment concerned. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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
  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.

envisage

five

envisage

eight

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
  set out minimum administrative fines of at least four times the market value of the ozone depleting substances or products and equipment concerned and
  maximum administrative fines of at least
  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
  set out minimum administrative fines of at least seven times the value of the ozone depleting substances or products and equipment concerned and
  maximum administrative fines of at least
  ten
  times the market value of the concerned substances or products and equipment concerned.

set out minimum administrative fines of at least four times the market value of the ozone depleting substances or products and equipment concerned and

six

set out minimum administrative fines of at least seven times the value of the ozone depleting substances or products and equipment concerned and

ten

Amendment 62

Amendment 62

Proposal for a regulation

Proposal for a regulation

Article 27 a (new)

Article 27 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 27a




  Member States shall ensure that where administrative fines are to be imposed pursuant to Article 27(5), the administrative fines may be imposed either by way of administrative procedures or by initiating proceedings for the imposition of fines, or both. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 27a

Member States shall ensure that where administrative fines are to be imposed pursuant to Article 27(5), the administrative fines may be imposed either by way of administrative procedures or by initiating proceedings for the imposition of fines, or both.

Amendment 63

Amendment 63

Proposal for a regulation

Proposal for a regulation

Article 29 — paragraph 2

Article 29 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   The power to adopt delegated acts referred to in 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] | 2.   The power to adopt delegated acts referred to in
  Article 6(1),
  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] |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   The power to adopt delegated acts referred to in 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]

2.   The power to adopt delegated acts referred to in
  Article 6(1),
  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 64

Amendment 64

Proposal for a regulation

Proposal for a regulation

Article 30 — paragraph 1

Article 30 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| By 1 January
  2033
  , the Commission shall
  publish
  a report on the implementation of this Regulation. | By 1 January
  2030
  , the Commission shall
  present
  a report
  to the European Parliament and to the Council
  on the implementation
  and effectiveness
  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 that report and the assessments requested, the Commission may, if appropriate, submit a legislative proposal. |
| | The European Scientific Advisory Board on Climate Change established under Article 10a of Regulation (EC) No 401/2009 (the ‘Advisory Board’) may, on its own initiative, provide scientific advice and issue reports regarding this Regulation. The Commission shall take into account the relevant advice and reports of the Advisory Board, in particular as regards the coherence of this Regulation with the objectives of Regulation (EC) No 401/2009 and the Union’s international commitments under the Paris Agreement. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

By 1 January
  2033
  , the Commission shall
  publish
  a report on the implementation of this Regulation.

2033

publish

By 1 January
  2030
  , the Commission shall
  present
  a report
  to the European Parliament and to the Council
  on the implementation
  and effectiveness
  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 that report and the assessments requested, the Commission may, if appropriate, submit a legislative proposal.

2030

present

to the European Parliament and to the Council

and effectiveness

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 that report and the assessments requested, the Commission may, if appropriate, submit a legislative proposal.

The European Scientific Advisory Board on Climate Change established under Article 10a of Regulation (EC) No 401/2009 (the ‘Advisory Board’) may, on its own initiative, provide scientific advice and issue reports regarding this Regulation. The Commission shall take into account the relevant advice and reports of the Advisory Board, in particular as regards the coherence of this Regulation with the objectives of Regulation (EC) No 401/2009 and the Union’s international commitments under the Paris Agreement.

The European Scientific Advisory Board on Climate Change established under Article 10a of Regulation (EC) No 401/2009 (the ‘Advisory Board’) may, on its own initiative, provide scientific advice and issue reports regarding this Regulation. The Commission shall take into account the relevant advice and reports of the Advisory Board, in particular as regards the coherence of this Regulation with the objectives of Regulation (EC) No 401/2009 and the Union’s international commitments under the Paris Agreement.

Amendment 65

Amendment 65

Proposal for a regulation

Proposal for a regulation

Annex VI — point 2 — point f

Annex VI — point 2 — point f

| Text proposed by the Commission | Amendment |
| --- | --- |
| (f) | any stocks; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(f)

any stocks;

| (f) | any stocks
  held at the beginning and the end of the reporting period
  ; |
| --- | --- |

(f)

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

held at the beginning and the end of the reporting period

Amendment 66

Amendment 66

Proposal for a regulation

Proposal for a regulation

Annex VI — point 3 — point d

Annex VI — point 3 — point d

| Text proposed by the Commission | Amendment |
| --- | --- |
| (d) | any stocks; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(d)

any stocks;

| (d) | any stocks
  held at the beginning and the end of the reporting period
  ; |
| --- | --- |

(d)

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

held at the beginning and the end of the reporting period

Amendment 67

Amendment 67

Proposal for a regulation

Proposal for a regulation

Annex VI — point 4 — point b

Annex VI — point 4 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | any stocks; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(b)

any stocks;

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

(b)

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

held at the beginning and the end of the reporting period

Amendment 68

Amendment 68

Proposal for a regulation

Proposal for a regulation

Annex VI — point 5 — paragraph 1 — point a

Annex VI — point 5 — paragraph 1 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | any quantities destroyed, including quantities contained in products or equipment; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(a)

any quantities destroyed, including quantities contained in products or equipment;

| (a) | any quantities destroyed, including quantities contained in products or equipment
  and quantities destroyed as by-products
  ; |
| --- | --- |

(a)

any quantities destroyed, including quantities contained in products or equipment
  and quantities destroyed as by-products
  ;

and quantities destroyed as by-products

Amendment 69

Amendment 69

Proposal for a regulation

Proposal for a regulation

Annex VI — point 5 — paragraph 1 — point b

Annex VI — point 5 — paragraph 1 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | any stocks waiting to be destroyed, including quantities contained in products or equipment; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(b)

any stocks waiting to be destroyed, including quantities contained in products or equipment;

| (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; |
| --- | --- |

(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;

, held at the beginning and the end of the reporting period,

Amendment 70

Amendment 70

Proposal for a regulation

Proposal for a regulation

Annex VI — point 5 — paragraph 2

Annex VI — point 5 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 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. | Each undertaking destroying ozone depleting substances 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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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.

listed in Annex I

Each undertaking destroying ozone depleting substances 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 71

Amendment 71

Proposal for a regulation

Proposal for a regulation

Annex VI — point 6 — paragraph 1 — point b

Annex VI — point 6 — paragraph 1 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | any stocks; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(b)

any stocks;

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

(b)

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

held at the beginning and the end of the reporting period

Amendment 72

Amendment 72

Proposal for a regulation

Proposal for a regulation

Annex VI — point 6 — paragraph 1 — point c

Annex VI — point 6 — paragraph 1 — point c

| Text proposed by the Commission | Amendment |
| --- | --- |
| (c) | the processes and any emissions, including those linked to transport and storage, including the transfer from one container to another. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(c)

the processes and any emissions, including those linked to transport and storage, including the transfer from one container to another.

| (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. |
| --- | --- |

(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.

types of feedstock uses and

Amendment 73

Amendment 73

Proposal for a regulation

Proposal for a regulation

Annex VI — point 6 — paragraph 2

Annex VI — point 6 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 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. | Each undertaking using as feedstock or process agents ozone depleting substances shall also communicate data on any purchases from and sales to other undertakings in the Union. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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.

listed in Annex I

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

---

(1)  The matter was referred back for interinstitutional negotiations to the committee responsible, pursuant to Rule 59(4), fourth subparagraph (A9-0050/2023).

1

(18)  Regulation (EC) No 1005/2009 of the European Parliament and of the Council of 16 September 2009 on substances that deplete the ozone layer (OJ L 286, 16.09.2009, p. 1).

18

(19)  Evaluation of Regulation (EC) No 1005/2009 of the European Parliament and of the Council of 16 September 2009 on substances that deplete the ozone layer, SWD(2019)0407 final of 26 November 2019.

19

(18)  Regulation (EC) No 1005/2009 of the European Parliament and of the Council of 16 September 2009 on substances that deplete the ozone layer (OJ L 286, 16.09.2009, p. 1).

18

(19)  Evaluation of Regulation (EC) No 1005/2009 of the European Parliament and of the Council of 16 September 2009 on substances that deplete the ozone layer, SWD(2019)0407 final of 26 November 2019.

19

(1a)  

  Ozone Depleting Substances 2022, European Environment Agency.

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.

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.

(1a)  


  ‘The increasing threat to stratospheric ozone from dichloromethane’ Hossaini et all, 2017: https://doi.org/10.1038/s41467-019-13899-4

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.

1b

‘Ozone Depleting Substances 2022’, European Environment Agency.

(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).

24

(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).

24

(27)  Directive 2008/99/EC of the European Parliament and of the Council of 19 November 2008 on the protection of the environment through criminal law (OJ L 328, 6.12.2008, p. 28).

27

(27)  Directive 2008/99/EC of the European Parliament and of the Council of 19 November 2008 on the protection of the environment through criminal law (OJ L 328, 6.12.2008, p. 28).

27

(1a)  

  See for instance: ‘Drawing Down N2O To Protect Climate and the Ozone Layer’, UNEP, 2013.

1a

See for instance: ‘Drawing Down N2O To Protect Climate and the Ozone Layer’, UNEP, 2013.

(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).

33

(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).

33

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