Changes between two versions

What changed between the plenary report and the adopted text

From · plenary report· 7 Mar 2023

A-9-2023-0050

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

To · adopted text· 30 Mar 2023

TA-9-2023-0093

Ozone depleting substances

Changes to the text itself, in document order. Cover page, citations and punctuation-only edits are left out; they are under “Every difference”.

The changes · 14

Change 1

Removed:~~– after consulting the Committee of the Regions,~~

Change 2

Changed:Recital 9 a (new): (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 20201a. 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 underestimated1b. 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. / 1a Ozone Depleting Substances 2022, European Environment ~~Agency~~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~~2020.

Change 3

Changed:Recital 13 a (new): (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 hole1a. 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 substances1b. 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. / 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~~Agency.

Change 4

Changed:Recital 33 ba (new): ~~(33b)~~(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.

10 more changes

Change 5

Removed:~~Identical text with the Com recital in the proposal for revision of the FGR.~~

Change 6

Changed:Recital 40 a (new): (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 Protocol1a. 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. / 1a See for instance: "Drawing Down N2O To Protect Climate and the Ozone Layer", UNEP, ~~2013~~2013.

Change 7

Changed:Article 17 – paragraph 11 – subparagraph 1: 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) No 2019/1020 of the European Parliament and the Council33.

Change 8

Changed:Article 27 – paragraph 5 – subparagraph 1: 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~~ 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.

Change 9

Changed:Article 30 – paragraph 1: 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 ~~Directive.~~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.