European Parliament legislative resolution on the common position adopted by the Council with a view to the adoption of a European Parliament and Council regulation on substances that deplete the ozone layer (5748/3/1999 – C5-0034/1999 — 1998/0228(COD))
Date: 1999-12-15
Institutions: European Parliament
Subjects: environmental protection, ozone, pollution control measures, stratospheric pollutant

18.10.2000

EN

Official Journal of the European Communities

C 296/105

COMMON POSITION
OF THE COUNCILl

Wednesday 15 December 1999

AMENDMENTS
BY PARLIAMENT

(Amendment 17)

Article 6(3), 1st subparagraph

Deleted

This Article shall take effect:

3.
(cid:25) after an agreement has been concluded between the compensation
bodies established or approved by the Member States relating to
their functions and obligations and the procedures for reimburse-
ment;

(cid:25) from the date fixed by the Commission upon its having ascer-
tained in close cooperation with the Member States that such
an agreement has been concluded,

and shall apply for the whole duration of that agreement.

(Amendment 18)

Article 10(3)

3. Without prejudice to paragraph 1 the Member States
shall establish or approve the compensation body in accor-
dance with Article 6(1) before … (*). If the compensation bodies
have not concluded an agreement in accordance with Article 6(3)
before … (**), the Commission shall propose measures designed to
ensure that the provisions of Articles 6 and 7 take effect before … (***).

(*) 18 months from the date of entry into force of this Directive.
(**) 24 months from the date of entry into force of this Directive.
(***) 30 months from the date of entry into force of this Directive.

3. Without prejudice to paragraph 1 the Member States
shall establish or approve the compensation body in accor-
dance with Article 6(1) before … (*).

(*) 18 months from the date of entry into force of this Directive.

(Amendment 19)

Article 10(4)

4. Member States may, in accordance with the Treaty, maintain or
bring into force provisions which are more favourable to the injured
party than the provisions necessary to comply with this Directive.

Deleted

16. Substances that deplete the ozone layer ***II

A5-0077/1999

European Parliament legislative resolution on the common position adopted by the Council with a
view to the adoption of a European Parliament and Council regulation on substances that deplete
the ozone layer (5748/3/1999 , C5-0034/1999 , 1998/0228(COD))

(Codecision procedure: second reading)

The European Parliament,

* having regard to the Council common position (5748/3/1999 * C5-0034/1999) (1),

* having regard to its position at first reading (2) on the Commission proposal to Parliament and the

Council (COM(1998) 398) (3),

(1) OJ C 123, 4.5.1999, p. 28.
(2) OJ C 98, 9.4.1999, p. 260.
(3) OJ C 286, 15.9.1998, p. 6.

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Official Journal of the European Communities

EN

18.10.2000

Wednesday 15 December 1999

* having regard to the Commission’s amended proposal (COM(1999) 67) (1),

* having regard to Article 251(2) of the EC Treaty,

* having regard to Rule 80 of its Rules of Procedure,

* having regard to the recommendation for second reading of the Committee on the Environment,

Public Health and Consumer Policy (A5-0077/1999),

1.

2.

Amends the common position as follows;

Instructs its President to forward its position to the Council and Commission.

COMMON POSITION
OF THE COUNCIL

AMENDMENTS
BY PARLIAMENT

(Amendment 1)

Recital 16a (new)

(16a) Whereas the switch to new technologies or alter-
native 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 providing appropriate forms of assist-
ance specifically to enable SMUs to make the necessary
changes;

(Amendment 9)

Article 4(1), 2nd subparagraph

The Commission may, following a request by a competent
authority of a Member State and in accordance with the pro-
cedure laid down in Article 17, authorise a temporary exemp-
tion to allow the use of chlorofluorocarbons in military appli-
cations until 31 December 2008, where it is demonstrated that,
for a particular use, technically and economically feasible alter-
native substances or technologies are not available or cannot
be used.

The Commission may, following a request by a competent
authority of a Member State and in accordance with the pro-
cedure laid down in Article 17, authorise a temporary exemp-
tion to allow the use of chlorofluorocarbons in hermetically
sealed devices designed for implantation in the human
body for delivery of measured doses of medication until
31 December 2004, and in existing military applications
under 31 December 2008, where it is demonstrated that, for
a particular use, technically and economically feasible alterna-
tive substances or technologies are not available or cannot be
used.

(Amendment 14)

Article 5(1)(c)(iv)

(iv) from 1 January 2001, in all other refrigeration and air-
conditioning equipment produced after 31 December
2000, with the exception of fixed air-conditioning equipment,
with a cooling capacity of less than 100 kW, where the use of
hydrochlorofluorocarbons shall be prohibited from 1 January
2003 in equipment produced after 31 December 2002 and of
reversible air-conditioning/heat pump systems where the
use of hydrochlorofluorocarbons shall be prohibited from
1 January 2004 in all equipment produced after 31 Decem-
ber 2003;

(1) OJ C 83, 25.3.1999, p. 4.

(iv) from 1 January 2001, in all other refrigeration and air-
conditioning equipment produced after 31 December
2000, with the exception of reversible air-conditioning/
heat pump systems where the use of hydrochlorofluoro-
carbons shall be prohibited from 1 January 2004 in all
equipment produced after 31 December 2003;

18.10.2000

EN

Official Journal of the European Communities

C 296/107

COMMON POSITION
OF THE COUNCIL

Wednesday 15 December 1999

AMENDMENTS
BY PARLIAMENT

(Amendment 15)

Article 5(1)(c)(v)

(v)

from 1 January 2010, the use of virgin hydrochlorofluor-
ocarbons shall be prohibited in the maintenance and servi-
cing of refrigeration and air-conditioning equipment exist-
ing at that date;

(v)

from 1 January 2005, the use of virgin hydrochlorofluor-
ocarbons shall be prohibited in the maintenance and servi-
cing of refrigeration and air-conditioning equipment exist-
ing at that date; all hydrochlorofluorocarbons shall be
prohibited from 1 January 2007;

(Amendment 21)

Article 5(6)

The Commission may, in accordance with the procedure
6.
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.

The Commission may, in accordance with the procedure
6.
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 22)

Article 5(7)

7.
The Commission may, following a request by a compe-
tent authority of a Member State and in accordance with the
procedure laid down in Article 17, authorise a time-limited
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.

7.
The Commission may, following a request by a compe-
tent authority of a Member State and in accordance with the
procedure laid down in Article 17, authorise a time-limited
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. The Commi-
ssion shall immediately inform the Member States of any
exemptions granted.

(Amendment 24)

Article 14a (new)

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.

(Amendment 25)

Article 15(5)

5. Member States shall promote, as appropriate, the establish-
ment of destruction, recycling and reclamation facilities. Member
States shall define the minimum qualification requirements for
the personnel involved. At the latest on 31 December 2001,
Member States shall report to the Commission on the pro-
grammes related to the above qualification requirements. The
Commission shall evaluate the measures taken by the Member
States. In the light of this evaluation and of technical and other
relevant
the Commission, as appropriate, shall
propose measures regarding those minimum qualification re-
quirements.

information,

5. Member States shall establish systems to promote the
recovery, recycling, reclamation and destruction of con-
trolled substances and assign to users, refrigeration techni-
cians or other appropriate bodies responsibility for ensur-
ing compliance with the provisions of paragraph 1.
Member States shall define the minimum qualification require-
ments for the personnel involved. At the latest on 31 December
2001, Member States shall report to the Commission on the
programmes related to the above qualification requirements.
The Commission shall evaluate the measures taken by the
Member States. In the light of this evaluation and of technical

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18.10.2000

Wednesday 15 December 1999

COMMON POSITION
OF THE COUNCIL

AMENDMENTS
BY PARLIAMENT

and other relevant information, the Commission, as appropri-
ate, shall propose measures regarding those minimum qualifi-
cation requirements.

(Amendment 26)
Article 19(3)

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

3.
The competent authorities of the Member States shall
carry out the investigations which the Commission considers
necessary under this Regulation. Member States shall also
conduct random checks on imports of controlled sub-
stances, and communicate the schedules and results of
those checks to the Commission.

(Amendment 29)
Annex VII, 3rd indent

* for the making inert of occupied spaces where flammable
liquid and/or gas release could occur in the military and
petrochemical sector, and in cargo ships;

* for the making inert of occupied spaces where flammable
liquid and/or gas release could occur in the military and
oil, gas and petrochemical sectors, and in existing cargo
ships;

17. Heavy goods vehicles travelling in Switzerland ***I

A5-0075/1999

Proposal for a European Parliament and Council Regulation (EC) on the distribution of permits
for heavy goods vehicles travelling in Switzerland (COM(1999) 35 , C5-0054/1999 , 1999/
0022(COD))

The proposal was amended as follows:

TEXT PROPOSED
BY THE COMMISSION (1)

AMENDMENTS
BY PARLIAMENT

(8) Whereas the allocation of permits should be based on cri-
teria that take full account of existing transport flows across
the Alpine region;

(8) Whereas the allocation of permits should be based on cri-
teria that take full account of existing freight transport flows
and genuine transport needs across the Alpine region;

(Amendment 2)
Recital 8

(Amendment 3)
Recital 9a (new)

(9a) Whereas the measures necessary for the implemen-
tation of this Regulation should be adopted in accordance
with Council Decision 1999/468/EC of 28 June 1999 lay-
ing down the procedures for the exercise of implementing
powers conferred on the Commission (1);

(1) OJ L 184, 17.7.1999, p. 23.

(1) OJ C 114, 27.4.1999, p. 4.