A4-0465/98

Proposal for a Council Regulation on substances that deplete the ozone layer (COM(98)0398 - C4-0580/98 - 98/0228(SYN))

The proposal was approved with the following amendments:

(Amendment 1)

Recital 3

>Original text>

(3) Whereas it is established that continued emissions of ozone-depleting substances at current levels continue to cause significant damage to the ozone layer; whereas it is therefore necessary to take further steps in order to ensure sufficient protection for human health and the environment;

>Text following EP vote>

(3)

Whereas it is established that continued emissions of ozone-depleting substances at current levels continue to cause significant damage to the ozone layer; whereas the ozone hole has increased in size by 20-25% over the past two years; whereas skin cancer, eye damage and damage to plants have continued to increase, whereas it is therefore necessary to take further steps in order to ensure sufficient protection for human health and the environment;

(Amendment 2)

Recital 9

>Original text>

(9) Whereas the growing availability of alternatives to methyl bromide should be reflected in an accelerated phase out of methyl bromide compared to the Montreal Protocol; whereas such an accelerated phase out is also provided for by other Parties to the Protocol; whereas there might be specific critical agricultural uses and conditions for which the phasing out of methyl bromide would lead to severe technical or economic difficulties; whereas exemptions should be foreseen for those cases for which the production and placing on the market of methyl bromide may be permitted after phase out;

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(9)

Whereas the toxicity to humans of methyl bromide and the growing availability of alternatives should be reflected in an accelerated phase out of methyl bromide compared to the Montreal Protocol; whereas such an accelerated phase out is also provided for by other Parties to the Protocol; whereas there might be specific critical agricultural uses and conditions for which the phasing out of methyl bromide would lead to severe technical or economic difficulties; whereas exemptions should be foreseen for those cases for which the production and placing on the market of methyl bromide may be permitted after phase out; whereas, to ensure that exemptions are granted only for genuine critical uses, an arrangement should be laid down to enable the use of methyl bromide to be supervised on a Europe-wide basis;

(Amendment 30)

Recital 11a (new)

>Original text>

>Text following EP vote>

(11a) Whereas even after the scheduled phase out of production and use of controlled substances the Commission may under certain conditions grant exemptions for essential uses; whereas care must be taken that exemptions are granted mainly for medical uses or as chemical precursors for pharmaceuticals;

(Amendment 4)

Recital 11b (new)

>Original text>

>Text following EP vote>

(11b) Whereas the switch to new technologies or alternative products, required because the production and use of controlled substances are to be phased out, could lead to problems for small and medium-sized undertakings (SMUs) in particular; whereas the Member States should therefore consider whether they might provide appropriate forms of assistance specifically to enable SMUs to make the necessary changes;

(Amendment 32)

Article 3(2) first subparagraph (b)

>Original text>

(b) it produces no methyl bromide after 31 December 2000.

>Text following EP vote>

(b)

it produces no methyl bromide after 31 December 2000. For Member States where climatic conditions make it difficult to use alternatives to methyl bromide for soil fumigation in agriculture, the competent authorities may, until 31 December 2004, authorise exceptions for agriculture, subject to the mandatory use of impermeable plastic film.

(Amendment 5)

Article 3(2), 2nd subparagraph a and b (new)

>Original text>

>Text following EP vote>

Critical use exemptions shall be granted by Member States for periods not exceeding two years. Any extension of such exemptions may be granted only where it can be proved that the criteria laid down in Annex V are met.

>Original text>

>Text following EP vote>

Apart from emergencies, involving sudden outbreaks of particular pests or plant diseases, no exemptions may be granted for agricultural uses after 31 December 2006.

(Amendment 6)

Article 3(3)(b)

>Original text>

(b) the calculated level of its production of hydrochlorofluorocarbons in the period 1 January to 31 December 2008 and in each 12-month period thereafter does not exceed 35% of the calculated level of its production of hydrochlorofluorocarbons in 1997;

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(b)

the calculated level of its production of hydrochlorofluorocarbons in the period 1 January to 31 December 2001 and in each 12-month period thereafter does not exceed 75% of the calculated level of its production of hydrochlorofluorocarbons in 1997;

(Amendment 7)

Article 3(3)(ba) (new)

>Original text>

>Text following EP vote>

(ba) the calculated level of its production of hydrochlorofluorocarbons in the period 1 January to 31 December 2004 and in each 12-month period thereafter does not exceed 55% of the calculated level of its production of hydrochlorofluorocarbons in 1997;

(Amendment 8)

Article 3(3)(bb) (new)

>Original text>

>Text following EP vote>

(bb) the calculated level of its production of hydrochlorofluorocarbons in the period 1 January to 31 December 2008 and in each 12-month period thereafter does not exceed 30% of the calculated level of its production of hydrochlorofluorocarbons in 1997;

(Amendment 9)

Article 3(3)(c)

>Original text>

(c) the calculated level of its production of hydrochlorofluorocarbons in the period 1 January to 31 December 2014 and in each 12-month period thereafter does not exceed 20% of the calculated level of its production of hydrochlorofluorocarbons in 1997;

>Text following EP vote>

(c)

the calculated level of its production of hydrochlorofluorocarbons in the period 1 January to 31 December 2014 does not exceed 15% of the calculated level of its production of hydrochlorofluorocarbons in 1997;

(Amendment 33)

Article 4(2)(b)

>Original text>

(b) it does not place any methyl bromide on the market or use any for its own account after 31 December 2000.

>Text following EP vote>

(b)

it does not place any methyl bromide on the market or use any for its own account after 31 December 2000. For Member States where climatic conditions make it difficult to use alternatives to methyl bromide for soil fumigation in agriculture, the competent authorities may, until 31 December 2004, authorise exceptions for agriculture, subject to the mandatory use of impermeable plastic film.

(Amendment 10)

Article 4(4), 3rd subparagraph

>Original text>

Paragraph 1(c) shall not apply to the placing on the market and use of halons in existing fire protection systems until 31 December 2003 or to the placing on the market of halons for critical uses as set out in Annex VII.

>Text following EP vote>

Paragraph 1(c) shall not apply to the placing on the market and use of halons in existing fire protection systems until 31 December

2000 or to the placing on the market of halons for critical uses as set out in Annex VII.

(Amendment 31)

Article 5(1)(b)(ii)

>Original text>

(ii) from 1 January 2003, in all solvent uses, with the exception of precision cleaning of electrical and other components in the aerospace and aeronautics industries;

>Text following EP vote>

(ii)

from 1 January 2000, in all solvent uses, with the exception of precision cleaning of electrical and other components in the aerospace and aeronautics industries, provided no alternatives are available;

(Amendment 12)

Article 5(1)(c)(v)

>Original text>

(v) from 1 January 2008, the use of virgin hydrochlorofluorocarbons shall be prohibited in the maintenance and servicing of refrigeration and air conditioning equipment existing at that date;

>Text following EP vote>

(v)

from 1 January 2005, the use of virgin hydrochlorofluorocarbons shall be prohibited in the maintenance and servicing of refrigeration and air conditioning equipment existing at that date;

(Amendment 13)

Article 5(1)(d)(ii) and (iii)

>Original text>

(ii) from 1 January 2002, for the production of extruded polystyrene foams, except where used for insulated transport,

(iii) from 1 January 2003, for the production of polyurethane foams for appliances, of polyurethane flexible faced laminate foams and of polyurethane sandwich panels, except where these latter two are used for insulated transport,

>Text following EP vote>

(ii)

from 1 January 2002, for the production of extruded polystyrene foams, except where used for insulated transport, of polyurethane foams for appliances, of polyurethane flexible faced laminate foams and of polyurethane sandwich panels, except where these latter two are used for insulated transport,

(Amendment 14)

Article 5(1)(d)(iv)

>Original text>

(iv) from 1 January 2004, for the production of all foams;

>Text following EP vote>

(iv)

from 1 January 2003, for the production of all foams;

(Amendment 16)

Article 5(3)

>Original text>

3. The importation and placing on the market of products and equipment containing hydrochlorofluorocarbons for which a use restriction is in force under this Article shall be prohibited from the date on which the use restriction comes into force. Products and equipment shown to be manufactured before the date of that use restriction shall not be covered by this prohibition.

>Text following EP vote>

3.

The importation and placing on the market of products and equipment containing hydrochlorofluorocarbons for which a use restriction is in force under this Article shall be prohibited from the date on which the use restriction comes into force. Products and equipment shown to be manufactured before the date of that use restriction may be placed on the market within a transitional period of five years.

(Amendment 17)

Article 5(4)

>Original text>

4. The use restrictions under paragraphs 1, 2 and 3 shall not apply to the use of hydrochlorofluorocarbons for the production of products for export to countries where the use of hydrochlorofluorocarbons in those products is still permitted.

>Text following EP vote>

4.

The use restrictions under paragraphs 1, 2 and 3 shall not apply to the use of hydrochlorofluorocarbons for the production of products for export to countries where the use of hydrochlorofluorocarbons in those products is still permitted. Three years after the prohibitions of use as laid down in this article come into force, the export of those products to countries in which the use of hydrofluorocarbons is still permitted shall be prohibited.

(Amendment 18)

Article 5(5)

>Original text>

5. The Commission may, in accordance with the procedure laid down in Article 17, in the light of experience with the operation of this Regulation or to reflect technical progress, modify the list and the dates set out in paragraph 1.

>Text following EP vote>

5.

The Commission may, in accordance with the procedure laid down in Article 17, in the light of experience with the operation of this Regulation or to reflect technical progress, modify the list and the dates set out in paragraph 1, but in no case extend the periods set out therein.

(Amendment 19)

Article 5(6)

>Original text>

6. The Commission may, following a request by a competent authority of a Member State and in accordance with the procedure laid down in Article 17, authorise a temporary exemption to allow the use and placing on the market of hydrochlorofluorocarbons in derogation from paragraph 1 and Article 4(3) where it is demonstrated that, for a particular use, technically and economically feasible alternative substances or technologies are not available or cannot be used.

>Text following EP vote>

6.

The Commission may, following a request by a competent authority of a Member State and in accordance with the procedure laid down in Article 17, authorise a temporary exemption for a limited period to allow the use and placing on the market of hydrochlorofluorocarbons in derogation from paragraph 1 and Article 4(3) where it is demonstrated that, for a particular use, technically and economically feasible alternative substances or technologies are not available or cannot be used. The Commission shall immediately inform the Member States of any exemptions granted.

(Amendment 20)

Article 14a (new)

>Original text>

>Text following EP vote>

Article 14a

Notification of Member States

The Commission shall immediately notify the Member States of any measures it adopts pursuant to Articles 6, 7, 9, 12, 13 and 14 of this Regulation.

(Amendment 21)

Article 16(1), subparagraph 2a (new)

>Original text>

>Text following EP vote>

Controlled substances for use as refrigerants and for fire protection may not be placed on the market in disposable containers.

(Amendment 22)

Article 19(2)

>Original text>

2. When requesting information from an undertaking the Commission shall at the same time forward a copy of the request to the competent authority of the Member State within the territory of which the undertaking's seat is situated, together with a statement of the reasons why that information is required.

>Text following EP vote>

2.

When requesting information from an undertaking the Commission shall at the same time forward a copy of the request to the competent authority of the Member State within the territory of which the undertaking's seat is situated..

(Amendment 23)

Article 19(3)

>Original text>

3. The competent authorities of the Member States shall carry out the investigations which the Commission considers necessary under this Regulation.

>Text following EP vote>

3.

The competent authorities of the Member States shall carry out the investigations which the Commission considers necessary under this Regulation. The Member States shall also conduct random checks on imports of controlled substances, and communicate the schedules and results of those checks to the Commission.

(Amendment 24)

Article 19(4)

>Original text>

4. Subject to the agreement of the Commission and of the competent authority of the Member State within the territory of which the investigations are to be made, the officials of the Commission shall assist the officials of that authority in the performance of their duties.

>Text following EP vote>

4.

Subject to the agreement of the Commission and of the competent authority of the Member State within the territory of which the investigations are to be made, the officials of the Commission shall assist the officials of that authority in the performance of their duties, and take appropriate action to ensure additional exchange of information and cooperation between the national authorities.

(Amendment 25)

Article 19a (new)

>Original text>

>Text following EP vote>

Article 19a

>Original text>

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New substances

>Original text>

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1. The production, importation, placing on the market and use of substances in Group VIIIa of Annex I are prohibited.

>Original text>

>Text following EP vote>

2. The Commission may, in accordance with the procedure under Article 17, decide to include from an appropriate date in Group VIIIa of Annex I any substances that are not substances covered by the Regulation but are found to have a significant ozone-depleting potential.

>Original text>

>Text following EP vote>

3. The Commission may, in accordance with the procedure under Article 17, decide upon exemptions from paragraph 1 for critical uses. The Commission may, in accordance with the same procedure, review these exemptions at a later date.

(Amendment 26)

Annex I, Group VIIIa (new)

>Original text>

>Text following EP vote>

Group VIIIa Bromochloromethane

(Separate vote)

Annex VI, last indent

>Original text>

- use of CFC-11 in manufacture of a fine synthetic fibre sheet structure.

>Text following EP vote>

Deleted

Legislative resolution embodying Parliament's opinion on the proposal for a Council Regulation on substances that deplete the ozone layer (COM(98)0398 - C4-0580/98 - 98/0228(SYN))(Cooperation procedure: first reading)

The European Parliament,

- having regard to the Commission proposal to the Council, COM(98)0398 - 98/0228(SYN) ((OJ C 286, 15.9.1998, p. 6.)),

- having been consulted by the Council pursuant to Articles 189c and 130s(1) of the EC Treaty (C4-0580/98),

- having regard to Rule 58 of its Rules of Procedure,

- having regard to the report of the Committee on the Environment, Public Health and Consumer Protection (A4-0465/98),

1. Approves the Commission proposal, subject to Parliament's amendments;

2. Calls on the Commission to alter its proposal accordingly, pursuant to Article 189a(2) of the EC Treaty;

3. Calls on the Council to incorporate Parliament's amendments in the common position that it adopts in accordance with Article 189c(a) of the EC Treaty;

4. Asks to be consulted again should the Council intend to make substantial modifications to the Commission proposal;

5. Instructs its President to forward this opinion to the Council and Commission.