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DRAFT REPORT (COM(2022)0151 – C90143/2022 – 2022/0100(COD))

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

ENVI-PR-737214

Committee on the Environment, Public Health and Food Safety · Rapporteur: Jessica Polfjärd

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The rapporteur's draft report supports the Commission's proposal to revise the regulation on ozone-depleting substances and repeal Regulation (EC) No 1005/2009. It proposes amendments to clarify the link between administrative penalties and criminal penalties under Directive 2008/99/EC, and to add a rolling review of the feedstock exemption. It backs measures to recover ozone-depleting substances from end-of-life building materials and a ban on destroying halons.

Committee position. The rapporteur supports the Commission's proposal but proposes amendments to clarify the relationship between administrative and criminal penalties, add a rolling review of the feedstock exemption, and delete the suspension or revocation of authorisation.

Key points

  1. The rapporteur supports the Commission's overall approach to revising the ozone-depleting substances regulation and welcomes its potential to cut greenhouse gas emissions.
  2. A new recital justifies derogations for feedstock uses in chemical production, including pharmaceuticals, and calls on the Commission to regularly assess alternatives.
  3. Recital 35 is amended to state that penalties should be of a level and type that truly deter violations.
  4. Recital 36 is amended to explain that administrative and criminal offences are different in nature and not mutually exclusive.
  5. A new Article 6(1a) requires the Commission to assess alternatives to feedstock uses every five years and, where a feasible alternative exists, propose a targeted revision to exclude that use from the derogation.
  6. Article 27(4)(c), which allowed suspension or revocation of authorisation, is deleted.
  7. Article 27(5) is amended to set maximum administrative fines of at least five times the market value of the gases or products, or eight times for repeated infringements within five years, where the case is not an environmental crime.
  8. A new Article 27a allows Member States to impose administrative fines either through administrative procedures or court proceedings, or both.
  9. The rapporteur supports new measures to recover ozone-depleting substances from end-of-life building materials, which are the main remaining source of emissions.
  10. The rapporteur supports the Commission's ban on destroying halons to promote recycling and reuse for critical uses such as on board military and civilian aircraft.
  11. The rapporteur proposes a rolling review clause on the feedstock exemption to exclude it as soon as viable alternatives are available.
  12. The rapporteur commits to work constructively with the rapporteur on the fluorinated greenhouse gases regulation.

Who is affected

  • Member States, which must envisage maximum administrative fines and ensure they can be imposed.
  • The Commission, which must assess alternatives to feedstock uses and report to Parliament and the Council.
  • Operators in the chemical and pharmaceutical sectors using ozone-depleting substances as feedstock.
  • The building and demolition sector, which must recover ozone-depleting substances from insulation foams.
  • Users of halons, such as military and civilian aviation, which rely on recycling and reuse.

Figures and deadlines

  • Derogations justified by low combined ozone-depleting potential (>1tODP).
  • Assessment of alternatives due by ... [5 years after entry into force] and every five years thereafter.
  • Maximum administrative fines of at least five times the market value of the gases or products.
  • Maximum administrative fines of at least eight times the value for repeated infringement within a five-year period.
  • End-of-life ODS emissions projected to increase to ca. 6700 tODP or 43 million tCO2e (2030-2035).
  • Montreal Protocol implementation avoided additional global warming between 0.5 and 1.0 degrees Celsius.
  • Over 98% of remaining ODS emissions come from end-of-life building materials.
  • Union climate target of at least 55% emission reductions by 2030.

Legal basis: Article 294(2) and Article 192(1) of the Treaty on the Functioning of the European Union.