Re-attribution of scientific and technical tasks and improving cooperation among Union agencies in the area of chemicals

Amendments tabled for the plenary sitting on this text, in their own numbering series. This is a different set from the committee amendments tracked elsewhere on AmendEU, and is not counted in any of the site’s amendment totals.

1. Amendment 1Proposal for a regulation · Recital 8
   Current text

   (8) Correspondingly, this Regulation aims to address the eventual divergence between scientific opinions of the European Food Safety Authority and those of other Union agencies. Regulation (EC) No 178/2002 of the European Parliament and Council already contains provisions establishing a procedure to solve divergent scientific opinions. Those resolution procedures should be reinforced, in that the European Food Safety Authority and the other dissenting agency should be bound to make their best effort to resolve the divergence on general scientific issues, and only when they are not able to resolve the divergence, should they refer to risk managers.

   Amendment

   (8) Correspondingly, this Regulation aims to address the eventual divergence between scientific opinions of the European Food Safety Authority and those of other Union agencies. Regulation (EC) No 178/2002 of the European Parliament and Council already contains provisions establishing a procedure to solve divergent scientific opinions. Those resolution procedures should be reinforced, in that the European Food Safety Authority and the other dissenting agency should be bound to make their best effort to resolve the divergence on general scientific issues. Differences in assessment methodologies resulting in divergent opinions, particularly with regard to the protection of vulnerable groups, s…

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2. Amendment 2Proposal for a regulation · Recital 9
   Current text

   (9) In the more specific case of scientific divergence pertaining to the hazard identification of chemical substances, a new procedure enabling the resolution of the divergence should be established. This procedure should enable the Commission to request the European Chemicals Agency, as the Union agency most equipped with expertise and capacity in hazard assessment, as well as long-standing experience with the harmonised classification and labelling process, to develop a proposal for harmonised classification and labelling, in accordance the Regulation (EC) No 1272/2008 of the European Parliament and Council, moving closer to the ‘one substance, one assessment’ vision as regards uniformity…

   Amendment

   (9) In the more specific case of scientific divergence pertaining to the hazard identification of chemical substances, a new procedure enabling the resolution of the divergence should be established. This procedure should enable the Commission to request the European Chemicals Agency, as the Union agency most equipped with expertise and capacity in hazard assessment, as well as long-standing experience with the harmonised classification and labelling process, to develop a proposal for harmonised classification and labelling, in accordance with Regulation (EC) No 1272/2008 of the European Parliament and Council, moving closer to the ‘one substance, one assessment’ vision as regards uniformity…

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3. Amendment 3Proposal for a regulation · Recital 14 a (new)
   Amendment

   (14a) This Regulation expands the tasks, workload and remit of the scientific committees of the European Chemicals Agency. In order to provide adequate expertise, support and thorough scientific evaluations, appropriate and stable resources, capacity and governance of the scientific committees should be ensured. In this respect, the European Commission should regularly monitor the needs of the European Chemicals Agency stemming from this Regulation, and provide the Agency with sufficient and stable resources.

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4. Amendment 4Proposal for a regulation · Article 1 – paragraph 1 – point 2 · Regulation (EC) No 178/2002 · Article 30 – paragraph 2 – subparagraph 1
   Current text

   Where the Authority identifies a potential source of divergence, it shall contact the body concerned in order to ensure that all relevant scientific or technical information is shared and in order to identify the potentially contentious scientific or technical issues.

   Amendment

   Where the Authority identifies a potential source of divergence, it shall contact the body concerned in order to ensure that all relevant scientific or technical information is shared and in order to identify the potentially contentious scientific or technical issues. Differences in assessment methodologies resulting in divergent opinions shall be duly justified, especially regarding the protection of vulnerable groups.

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5. Amendment 5Proposal for a regulation · Article 1 – paragraph 1 – point 2 · Regulation (EC) No 178/2002 · Article 30 – paragraph 2 – subparagraph 2
   Current text

   The Authority and the body concerned shall cooperate to resolve the divergence. If the Authority and the body concerned are not able to resolve the divergence, they shall draw up a joint report. The report shall clearly outline the contentious scientific issues and identify the relevant uncertainties in the data and be made publicly available.

   Amendment

   The Authority and the body concerned shall cooperate to resolve the divergence, with the aim of ensuring the highest level of protection of health and the environment. Priority shall be given to the opinion that affords the highest level of protection in order to safeguard the most vulnerable groups. If the Authority and the body concerned are not able to resolve the divergence, they shall draw up a joint report. The report shall clearly outline the contentious scientific issues, identify the relevant uncertainties in the data and the possible causes for the diverging opinions, including on methodological differences, and be made publicly available.

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6. Amendment 6Proposal for a regulation · Article 1 – paragraph 1 – point 2 · Regulation (EC) No 178/2002 · Article 30 – paragraph 3 a (new)
   Amendment

   3a. Where a substantive divergence over scientific issues has been identified and the body in question is a Member State body, the Authority and the national body shall be obliged to cooperate with a view to either resolving the divergence or preparing a joint document clarifying the contentious scientific issues and identifying the relevant uncertainties in the data. That document shall be made public.

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7. Amendment 7Proposal for a regulation · Article 1 – paragraph 1 – point 2 · Regulation (EC) No 178/2002 · Article 3 – paragraph 3 b (new)
   Amendment

   3b. In cases where a divergence is identified, and the Authority requests additional information from the other Union or Member State authority, the period within which the relevant authorities are required to adopt their respective output, or the joint output referred to in paragraph 2, may be extended. After consulting the body concerned, the Authority shall lay down a period within which that information is to be provided and shall inform the Commission of the additional period needed. The Commission shall inform the business operators and the Member States concerned of the extension.

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8. Amendment 8Proposal for a regulation · Article 3 – paragraph 1 – point 1 · Regulation (EU) 2017/745 · Annex I – Section 10.4.1 – point b
   Current text

   (b) substances which are identified as endocrine disruptors for human health, of Category 1, in accordance with Part 3 of Annex VI to Regulation (EC) No 1272/2008 of the European Parliament and of the Council12 and substances having endocrine-disrupting properties for which there is scientific evidence of probable serious effects to human health and which are identified in accordance with the procedure set out in Article 59 of Regulation (EC) No 1907/2006 of the European Parliament and of the Council or substances having endocrine disrupting properties relevant to human health identified in accordance with Regulation (EU) No 528/2012. __________________ 12 Regulation (EC) No 1272/2008 of the…

   Amendment

   (b) substances which are classified as endocrine disruptors for human health, of Category 1, in accordance with Part 3 of Annex VI to Regulation (EC) No 1272/2008 of the European Parliament and of the Council12 and substances having endocrine-disrupting properties for which there is scientific evidence of probable serious effects to human health and which are identified in accordance with the procedure set out in Article 59 of Regulation (EC) No 1907/2006 of the European Parliament and of the Council or substances having endocrine disrupting properties relevant to human health identified in accordance with Regulation (EU) No 528/2012. __________________ 12 Regulation (EC) No 1272/2008 of the…

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9. Amendment 9Proposal for a regulation · Article 4 – paragraph 1 – point 2 · Regulation (EU) 2019/1021 · Article 8 – paragraph 1a – subparagraph 1 – point a
   Current text

   (a) as appropriate, information on human health and environmental impacts of waste consisting of, containing or contaminated with POPs, including impacts on waste management;

   Amendment

   (a) information on human health and environmental impacts of waste consisting of, containing or contaminated with POPs, including impacts on waste management;

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10. Amendment 10Proposal for a regulation · Article 4 – paragraph 1 – point 2 · Regulation (EU) 2019/1021 · Article 8 – paragraph 1a – subparagraph 2
    Current text

    The Agency shall, as soon as it receives the request referred to in the first subparagraph, point (i), publish on its website a notice that a report on a possible amendment of Annex IV or V will be prepared inviting all interested parties, including waste operators and users of recycled materials, to submit comments within 8 weeks. The Agency shall publish those comments on its website.

    Amendment

    The Agency shall, as soon as it receives the request referred to in Article 8(1), point (i), publish on its website a notice that a report on a possible amendment of Annex IV or V will be prepared inviting all interested parties, including waste operators and users of recycled materials, to submit comments within 8 weeks. The Agency shall publish those comments on its website.

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11. Amendment 11Proposal for a regulation · Article 4 – paragraph 1 – point 2 · Regulation (EU) 2019/1021 · Article 8 – paragraph 1a – subparagraph 3
    Current text

    At the latest 9 months following the submission of that report, the Committee for Socio-economic Analysis of the Agency, set up pursuant to Article 76(1), point (d), of Regulation (EC) No 1907/2006 shall adopt an opinion on the report and on the concentration limit values proposed therein. For the purpose of adopting an opinion on the report, Article 87 of Regulation (EC) No 1907/2006 shall apply mutatis mutandis.

    Amendment

    At the latest 9 months following the submission of the report referred to in Article 8(1), point (i), the Committee for Socio-economic Analysis of the Agency, set up pursuant to Article 76(1), point (d), of Regulation (EC) No 1907/2006 shall adopt an opinion on the report and on the concentration limit values proposed therein. For the purpose of adopting an opinion on the report, Article 87 of Regulation (EC) No 1907/2006 shall apply mutatis mutandis.

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12. Amendment 12Proposal for a regulation · Article 4 – paragraph 1 – point 4 · Regulation (EU) 2019/1021 · Article 15 – paragraph 2
    Current text

    2. The Commission is empowered to adopt delegated acts in accordance with Article 18, to amend Annexes IV and V to adapt them to the changes to the list of substances set out in the Annexes to the Convention or the Protocol or to adapt them to scientific and technical progress.

    Amendment

    2. The Commission is empowered to adopt delegated acts in accordance with Article 18, to amend Annexes IV and V to adapt them to the changes to the list of substances set out in Annexes I, II or III to Regulation (EU) 2019/1021, or the Annexes to the Convention or the Protocol or to adapt them to scientific and technical progress.

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13. Amendment 13Proposal for a regulation · Article 4 – paragraph 1 – point 4 a (new) · Regulation (EU) 2019/1021 · Article 16 – paragraph 2 a (new)
    Amendment

    (4a) In Article 16, the following paragraph is added: "2a. The Commission shall monitor the situation regarding the resources of the European Chemicals Agency and tasks, workload and remit of the scientific committees of the European Chemicals Agency and present, where necessary, a legislative proposal to reflect any needs of the European Chemicals Agency stemming from tasks introduced by this Regulation and to improve the governance of its scientific committees."

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14. Amendment 14Proposal for a regulation · Article 4 – paragraph 1 – point 5 – point c · Regulation (EU) 2019/1021 · Article 18 – paragraph 6
    Current text

    6. A delegated act adopted pursuant to Articles 4(3), 10(2) and 15 shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object..

    Amendment

    6. A delegated act adopted pursuant to Articles 4(3), 10(2) and 15 shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period may be extended by two months at the initiative of the European Parliament or of the Council’.

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15. Amendment 15Proposal for a regulation · Article 4 – paragraph 1 – point 5 – point c a (new) · Regulation (EU) 2019/1021 · Annex IV – Table 1 – Row 5

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16. Amendment 16Proposal for a regulation · Article 4 – paragraph 1 – point 5 – point c b (new) · Regulation (EU) 2019/1021 · Annex IV – Table 1 – Row 12

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17. Amendment 17Proposal for a regulation · Article 4 – paragraph 1 – point 5 – point c c (new) · Regulation (EU) 2019/1021 · Annex IV – Table 1 – Row 27

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18. Amendment 18Proposal for a regulation · Article 4 – paragraph 1 – point 5 – point c d (new) · Regulation (EU) 2019/1021 · Annex IV – Table 1 – Row 30

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19. Amendment 19Proposal for a regulation · Article 4 – paragraph 1 – point 5 – point c e (new) · Regulation (EU) 2019/1021 · Annex IV – Table 1 – Row 31

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20. Amendment 20ENVIProposal for a regulation

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