CELEX: 51990PC0689
Language: en
Date: 1990-12-20
Title: AMENDMENT TO THE PROPOSAL FOR A COUNCIL REGULATION ( EEC ) ON SUBSTANCES THAT DEPLETE THE OZONE LAYER

1.2.91                                Official Journal of the European Communities                                No C 25/5
             Amendment to the proposal for a Council Regulation (EEC) on substances that deplete the
                                                        ozone layer (')
                                                     COM(90) 689 final
              (Submitted by the Commission pursuant to Article 149 (3) of the EEC Treaty on 21 December
                                                             1990)
                                                        (91/C 25/03)
              O OJ No C 86, 4. 4. 1990, p. 4.
                        ORIGINAL TEXT                                                     AMENDED TEXT
                                                                                            Recital 2c
                                                                                              (new)
                                                                   Whereas the findings of IPCC (Intergovernmental Panel
                                                                   on Climate Change) working parties point to a clear
                                                                   need to reduce drastically and, within a few years,
                                                                   prohibit the use of CFCs, halons and other substances
                                                                   that deplete stratospheric ozone;
                          Article 1                                                          Article 1
This Regulation applies to the importation, exportation,           This Regulation applies to the importation, exportation,
production and consumption of chlorofluorocarbons,                 production and consumption of chlorofluorocarbons,
other fully halogenated chlorofluorocarbons, halons,               other fully halogenated chlorocluorocarbons, halons,
carbon tetrachloride and methyl chloroform referred to             carbon tetrachloride and methyl chlorofrom and hydro-
in Annex I, as defined in Article 2.                               chlorofluorocarbons (HCFC) referred to in Annex I, as
                                                                   defined in Article 2.
                                                                                             Article 2
                                                                                            indent 6a
                                                                                              (new)
                                                                       'hydrochlorofluorocarbons' means       the   substances
                                                                       listed in Group IVa of Annex I,
                          Article 8                                                          Article 8
                paragraph 3, second indent                                         paragraph 3, second indent
    the calculated level of its production of halons in the            the calculated level of its production of halons in the
    period 1 January to 31 December 1996 and in each                   period 1 January to 31 December 1995 and in each
    12-month period thereafter does not exceed 50 % of                 12-month period thereafter does not exceed 50 % of
    the calculated level of its production of halons in                the calculated level of its production of halons in
    1986,                                                              1986,
 ---pagebreak--- No C 25/6                            Official Journal of the European Communities                                  1. 2. 91
                       ORIGINAL TEXT                                                  AMENDED TEXT
                                                                                 paragraph 5, indent la
                                                                                          (new)
                                                               — the level of its production of methyl chloroform in
                                                                   the period 1 January to 31 December 1995 and in
                                                                   each 12-month period thereafter does not exceed
                                                                   70 % of its production in 1986,
                paragraph 5, third indent                                       paragraph 5, third indent
— the level of its production of methyl chloroform in          — the level of its production of methyl chloroform in
   the period 1 January to 31 December 2000 and in                the period 1 January to 31 December 2000 and in
   each 12-month period thereafter does not exceed                each 12-month period thereafter does not exceed
   60 % of its level of production in 1986.                        30 % of its level of production in 1986,
                                                                                 paragraph 5, indent 3a
                                                                                          (new)
                                                               — there is no production after 31 December 2004.
                         Article 9                                                       Article 9
               paragraph 5, second indent                                      paragraph 5, second indent
— in the period 1 January to 31 December 1996, and in          — in the period 1 January to 31 December 1995, and in
   each 12-month period thereafter, 50 % of the                   each 12-month period thereafter, 50 % of the
   calculated level of the quantity which it placed on the        calculated level of the quantity which it placed on the
   market or used for its own account within the                  market or used for its own account within the
   Community in 1986.                                             Community in 1986.
                                                                                 paragraph 9, indent la
                                                                                          (new)
                                                               — in the period from 1 January 1995, and in each
                                                                   12-month period thereafter, 70 % of the calculated
                                                                  level of the quantity which it placed on the market or
                                                                  used for its own account within the Community in
                                                                   1986,
               paragraph 9, second indent                                      paragraph 9, second indent
— in the period 1 January to 31 December 1998, and in          — in the period 1 January to      31 December 2000, and in
   each 12-month period thereafter, 80 % of the                   each 12-month period          thereafter, 30 % of the
   calculated level of the quantity which it placed on the        calculated level which it      placed on the market or
   market or used for its own account within the                  used for its own account       within the Community in
   Community in 1986,                                              1986,
                                                                                 paragraph 9, indent 3a
                                                                                          (new)
                                                               — producers shall not be permitted, after 31 December
                                                                  2004, to place methyl chloroform on the market or
                                                                  use it for their own account within the Community.
 ---pagebreak---  1. 2. 91                             Official Journal of the European Communities                              No C 25/7
                        ORIGINAL TEXT                                                  AMENDED TEXT
                          Article 11                                                     Article 11
 1.    Each producer, importer and exporter of chloro-           1.   Each producer, importer and exporter of controlled
 fluorocarbons, other fully halogenated chlorofluoro-            or transitinal substances shall communicate to the
 carbons, halons, carbon tetrachloride and methyl chlo-          Commission and the European Environment Agency,
 roform shall communicate to the Commission, with a             with a copy to the competent authority of the Member
 copy to the competent authority of the Member State            State concerned, not later than 28 February of every
 concerned, not later than 28 February of every year the        year the figures of its:
 figures of its:
— production,                                                   — production,
— quantities placed on the market or used for the               — quantities placed on the market or used for the
     producer's own account within the Community,                   producer's own account within the Community,
— imports into the Community,                                   — imports into the Community,
— exports from the Community, separately to countries           — exports from the Community, separately to countries
     which are Parties to the Montreal Protocol and to              which are Parties to the Montreal Protocol and to
     those which are not,                                           those which are not,
— stocks,                                                       — stocks,
— quantities destroyed in accordance with technologies          — quantities destroyed in accordance with technologies
     approved by the Parties to the Protocol,                       approved by the Parties to the Protocol,
of each of the chlorofluorocarbons, other fully                 of each of the controlled or transitional substances listed
halogenated chlorofluorocarbons, halons, carbon tetra-          in Annex I in respect of the period 1 January to 31
chloride and methyl chloroform listed in Annex I in             December 1991 and for each 12-month period
respect of the period 1 January to 31 December 1991             thereafter.
and for each 12-month period thereafter.
3.     The communications referred to in the last indent        3.    The communications referred to in the last indent
of paragraph 1 shall be made to the Commission for the          of paragraph 1 shall be made to the Commission and the
first time on 28 February of the subsequent year                European Environment Agency for the first time on 28
following the date on which approval is granted.                February of the subsequent year following the date on
                                                                which approval is granted.
                                                         ANNEX I
                      first paragraph                                                first paragraph
The Regulation applies to the substances listed in this         The Regulation applies to the substances listed in this
Annex, whether alone or in a mixture; it does not apply         Annex, whether alone or in a mixture.
to any such substance which is in a manufactured
product other than a container used for the transport or
storage of the substance listed.
 ---pagebreak--- No C 25/8               Official Journal of the European Communities                  1.2.91
          ORIGINAL TEXT                                                  AMENDED TEXT
                                                                           Group Ha
                                                                             (new)
                                                   CF3CI (CFC-13)       1,0
                                                  C2FCI5 (CFC-111)      1,0
                                                  C^Cl^CFC-ll])         1,0
                                                  C3FCI7 (CFC-211)      1,0
                                                  C3F2CI6 (CFC-212)     1,0
                                                  C3F,Cl5(CFC-213)      1,0
                                                   C3F4CI4 (CFC-214)    1,0
                                                  C3F;Ci3(CFC-215)      1,0
                                                  C)F6Cl2(CFC-216)      1,0
                                                   C3F;C1 (CFC-217)     1,0
                                                                           Group IVa
                                                                             (new)
                                                  CHFCP,         (HCFC-21)
                                                  CHF2CI         (HCFC-22)
                                                   CH2FCI        (HCFC-31)
                                                   C 2 HFC1 4    (HCFC-121)
                                                  C2HF2CI3       (HCFC-122)
                                                  C2HF3CI2       (HCFC-123)
                                                   C2HF4CI       (HCFC-124)
                                                   C2H2FCI3      (HCFC-131)
                                                   C2H2F2CI2     (HCFC-132)
                                                   C2H2F3CI      (HCFC-133)
                                                   C2H3FCI2      (HCFC-141)
                                                   C2H3F2CI      (HCFC-142)
                                                   C 2 H 4 FC1   (HCFC-151)
                                                   C 3 HFC1 6    (HCFC-221)
                                                   C 3 HF 2 C1 5 (HCFC-222)
                                                   C3HF3CL       (HCFC-223)
                                                   C3HF4CI3      (HCFC-224)
                                                   C3HF5CI2      (HCFC-225)
                                                   C 3 HF 6 C1   (HCFC-226)
                                                   C 3 H 2 FC1 5 (HCFC-231)
                                                   C3H2F2CL      (HCFC-232)
                                                   C3H2F3CI3     (HCFC-233)
                                                   CaHzF+Clz     (HCFC-234)
                                                   CaH^Cl        (HCFC-235)
                                                   C3H3FCI4      (HCFC-241)
                                                   C3H3F2CI3     (HCFC-242)
                                                   C3H3F3CI2     (HCFC-243)
                                                   C3H3F4CI      (HCFC-244)
                                                   C3H4FCI3      (HCFC-251)
                                                   C3H4F2CI2     (HCFC-252)
                                                   C3H4F3CI      (HCFC-253)
                                                   C3H5FCI2      (HCFC-261)
                                                   C3H5F2CI      (HCFC-262)
                                                   C3H6FCI       (HCFC-271)
 ---pagebreak---  1. 2. 91                                Official Journal of the European Communities                              No C 25/9
                                                            ANNEX II
                                                                                           paragraph 1
                                                                                               (new)
                                                                   The quantities laid down in Annex II shall be adjusted in
                                                                   line with the modifications relating to Articles 8 and 9.
                 Amendment to the proposal for a Council Directive concerning measures to encourage
                 improvements in the safety and health of pregnant workers, women workers who have recently
                                        given birth and women who are breastfeeding (')
                                                 COM(90) 692 final — SYN 303
                 (Submitted by the Commission pursuant to Article 149 (3) of the EEC Treaty on 8 January 1991)
                                                          (91/C 25/04)
Recital 9 is amended as follows:                                   Article 2 is amended as follows:
     'Whereas pregnant workers, women workers who
     have recently given birth and those who are breast-                Article 2
     feeding must be considered a specific risk group in
     many respects, and that measures must be taken with
     regard to their health and safety;'.                              For the purposes of this Directive "pregnant
                                                                       workers", "women workers who have recently given
                                                                       birth" and "women who are breastfeeding" shall
Recital 13 is amended as follows:
                                                                       refer to pregnant workers, those who have recently
                                                                       given birth and those who are breastfeeding and who
     'Whereas the purpose of the period of leave from                  duly notify their employer of their condition, either
     work — namely, the protection of the health of                    in person or through a medical practitioner or other
     pregnant women or women who have recently given                   competent medical authority, in accordance with
     birth and those who are breastfeeding — would not                 legal provisions or national practices.'
     be achieved unless accompanied by the maintenance
     of rights, without which, for example, some of these
     women would be forced to give up most of their
     period of leave in order not to lose their                    Articles 3 and 4 are amended as follows:
     remuneration;        consequently     maintenance     of
     employment and income rights should be guaranteed
     during the period;'.                                               Article 3
Article 1 is amended as follows:
                                                                       1.     Notwithstanding the provisions of Articles 4
                                                                       and 6 of Directive 89/391/EEC, the Member States
      'Article 1                                                       shall ensure that the competent safety and health
                                                                       authorities carry out a general assessment of the
     The object of this Directive, which is an individual              chemical, physical and biological agents and
     directive within the meaning of Article 16 (1) of                 industrial processes considered dangerous to the
     Directive 89/391 / E E C , is to implement measures to            health and safety of the workers referred to in Article
     encourage improvements in the safety and health of                1. This general assessment must also cover physical
     pregnant workers, women workers who have recently                 movements and postures, mental and physical fatigue
     given birth and women who are breastfeeding.'                     and other types of physical stress. The results of this
                                                                       assessment shall be made known to employers and
                                                                       workers in order to inform them of the potential
                                                                       hazards and to improve the basis for assessment at
(l) OJ No C 281, 9. 11. 1990.                                          the workplace.