Document 6rB6KMYYkoG74oZ4a7B1V6n3

European Parliament 2019-2024 Committee on the Environment, Public Health and Food Safety 10.10.2022 2022/0099(COD) ***I DRAFT REPORT on the proposal for a regulation of the European Parliament and of the Council on fluorinated greenhouse gases, amending Directive (EU) 2019/1937 and repealing Regulation (EU) No 517/2014 (COM(2022)0150 - C9-0142/2022 - 2022/0099(COD)) Committee on the Environment, Public Health and Food Safety Rapporteur: Bas Eickhout PR\1265051EN.docx EN United in diversity PE737.211v01-00 EN PR_COD_1amCom Symbols for procedures * *** ***I ***II ***III Consultation procedure Consent procedure Ordinary legislative procedure (first reading) Ordinary legislative procedure (second reading) Ordinary legislative procedure (third reading) (The type of procedure depends on the legal basis proposed by the draft act.) Amendments to a draft act Amendments by Parliament set out in two columns Deletions are indicated in bold italics in the left-hand column. Replacements are indicated in bold italics in both columns. New text is indicated in bold italics in the right-hand column. The first and second lines of the header of each amendment identify the relevant part of the draft act under consideration. If an amendment pertains to an existing act that the draft act is seeking to amend, the amendment heading includes a third line identifying the existing act and a fourth line identifying the provision in that act that Parliament wishes to amend. Amendments by Parliament in the form of a consolidated text New text is highlighted in bold italics. Deletions are indicated using either the symbol or strikeout. Replacements are indicated by highlighting the new text in bold italics and by deleting or striking out the text that has been replaced. By way of exception, purely technical changes made by the drafting departments in preparing the final text are not highlighted. PE737.211v01-00 EN 2/334 PR\1265051EN.docx CONTENTS Page DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION .................................................................................. 5 EXPLANATORY STATEMENT ...................................................................................... Error! Bookmark not defined. ANNEX: LIST OF ENTITIES OR PERSONS FROM WHOM THE RAPPORTEUR HAS RECEIVED INPUT. Error! Bookmark not defined. PR\1265051EN.docx 3/334 PE737.211v01-00 EN PE737.211v01-00 EN 4/334 PR\1265051EN.docx DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION on the proposal for a regulation of the European Parliament and of the Council on fluorinated greenhouse gases, amending Directive (EU) 2019/1937 and repealing Regulation (EU) No 517/2014 (COM(2022)0150 - C9-0142/2022 - 2022/0099(COD)) (Ordinary legislative procedure: first reading) The European Parliament, - having regard to the Commission proposal to Parliament and the Council (COM(2022)0150), - having regard to Article 294(2) and Article 192(1) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C9-0142/2022), - having regard to Article 294(3) of the Treaty on the Functioning of the European Union, - having regard to the opinion of the European Economic and Social Committee of 15 June 20221, - after consulting the Committee of the Regions, - having regard to Rule 59 of its Rules of Procedure, - having regard to the opinion of the Committee on Industry, Research and Energy, - having regard to the report of the Committee on the Environment, Public Health and Food Safety (A9-0000/2022), 1. Adopts its position at first reading hereinafter set out; 2. Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal; 3. Instructs its President to forward its position to the Council, the Commission and the national parliaments. 1 OJ C 365. 23.9.2022, p. 44. PR\1265051EN.docx 5/334 PE737.211v01-00 EN Amendment 1 Proposal for a regulation Recital 1 Text proposed by the Commission (1) The European Green Deal launched a new growth strategy for the Union that aims to transform the Union into a fair and prosperous society with a modern, resource-efficient and competitive economy. It reaffirms the Commission's ambition to increase its climate targets and make Europe the first climate-neutral continent by 2050 and aims to protect the health and well-being of citizens from environment- related risks and impacts. Furthermore, the EU is committed to the 2030 Agenda for Sustainable Development and its Sustainable Development Goals. Amendment (1) The European Green Deal launched a new growth strategy for the Union that aims to transform the Union into a fair and prosperous society with a modern, resource-efficient and competitive economy. It reaffirms the Commission's ambition to make Europe the first climate-neutral and zero-pollution continent by 2050 and aims to protect the health and well- being of citizens from environment-related risks and impacts. Furthermore, the EU is committed to Regulation (EU) 2021/1119 of the European Parliament and of the Council (`European Climate Law')1a, the 8th Environmental Action Programme, and the 2030 Agenda for Sustainable Development and its Sustainable Development Goals. _________________________ 1a Regulation (EU) 2021/1119 establishing the framework for achieving climate neutrality and amending Regulations (EC) No 401/2009 and (EU) 2018/1999 (`European Climate Law') (OJ L 243, 9.7.2021, p. 1). Or. en Amendment 2 Proposal for a regulation Recital 5 Text proposed by the Commission (5) Due to rising HFC emissions globally, Parties to the 1987 Montreal Protocol on Substances that Deplete the Ozone Layer (`the Protocol') decided in 2016 under the Kigali Amendment29 to implement an HFC phase-down that is to reduce HFC production and consumption by more than 80 % over the next 30 years. This implies that each Party must comply with an HFC consumption and production reduction schedule as well as providing for a licencing system for imports and exports and reporting on HFCs. It is estimated that the Kigali Amendment alone will save up to 0,4C of additional warming by the end of the Amendment (5) Due to rising HFC emissions globally, Parties to the 1987 Montreal Protocol on Substances that Deplete the Ozone Layer (`the Protocol') decided in 2016 under the Kigali Amendment29 to implement an HFC phase-down that is to reduce HFC production and consumption by more than 80 % over the next 30 years. This implies that each Party must comply with an HFC consumption and production reduction schedule as well as providing for a licencing system for imports and exports and reporting on HFCs. It is estimated that the Kigali Amendment alone will save up to 0,4C of additional warming by the end of the century. The global phase-out of fluorinated PE737.211v01-00 6/334 PR\1265051EN.docx EN century. _________________ 29 Council Decision (EU) 2017/1541 of 17 July 2017 on the conclusion, on behalf of the European Union, of the Kigali Amendment to the Montreal Protocol on substances that deplete the ozone layer, (OJ L 236, 14.9.2017, p. 1). greenhouse gases in split air conditioners alone is estimated to save up to 0,12 C of additional warming by the end of the century29a. _________________ 29 Council Decision (EU) 2017/1541 of 17 July 2017 on the conclusion, on behalf of the European Union, of the Kigali Amendment to the Montreal Protocol on substances that deplete the ozone layer, (OJ L 236, 14.9.2017, p. 1). 29a The key role of propane in a sustainable cooling sector, Pallav Purohit et al., Sustainable Science Earth, Athmospheric, and Planetary Science, July 2022. Or. en Amendment 3 Proposal for a regulation Recital 7 Text proposed by the Commission (7) To ensure coherence with the reporting requirements under the Protocol, global warming potentials of HFCs should be calculated in terms of the 100-year global warming potential of one kilogram of a gas relative to one kilogram of CO2 based on the Fourth Assessment Report adopted by the IPCC. For other substances, the most recent IPCC Assessment Report should be used. Where available, the 20-year global warming potential should be provided to better inform about the climate impacts of the substances covered by this Regulation. Amendment (7) To ensure coherence with the reporting requirements under the Protocol, global warming potentials of HFCs should be calculated in terms of the 100-year global warming potential of one kilogram of a gas relative to one kilogram of CO2 based on the Fourth Assessment Report adopted by the IPCC. For other substances, the most recent IPCC Assessment Report should be used. Where available, the 20-year global warming potential should be provided to better inform about the climate impacts of the substances covered by this Regulation. The Commission should advocate for an update of the GWP values of fluorinated greenhouse gases in line with the Sixth Assessment Report adopted by the IPCC at the international level. Or. en Amendment 4 Proposal for a regulation Recital 9 Text proposed by the Commission (9) Given that the production process for PR\1265051EN.docx (9) 7/334 Amendment Given that the production process for PE737.211v01-00 EN some fluorinated compounds can result in significant emissions of other fluorinated greenhouse gases produced as by-products, such by-product emissions should be destroyed or recovered for subsequent use as a condition for the placing of fluorinated greenhouse gases on the market. Producers and importers should be required to document measures adopted to prevent emissions of trifluoromethane during the production process. some fluorinated compounds can result in significant emissions of other fluorinated greenhouse gases produced as by-products, such by-product emissions should be destroyed or recovered for subsequent use as a condition for the placing of fluorinated greenhouse gases on the market. Producers and importers should be required to document mitigation measures adopted to prevent emissions of trifluoromethane during the production process and proof of the destruction and recovery in line with the best available techniques. Or. en Amendment 5 Proposal for a regulation Recital 10 a (new) Text proposed by the Commission Amendment (10a) Despite the high GWP and increasing use of sulfuryl fluoride, the emissions of this fluorinated greenhouse gas have not been regulated or monitored and are also not covered by any reporting requirements under the Paris Agreement. Where alternative treatment methods of wood and wooden products against pest infestation are available, the use of sulfuryl fluoride should be prohibited by 2030. From 2025, operators should ensure that, if technically feasible and not disproportionately costly, sulfuryl fluoride is recovered after fumigation. Or. en Amendment 6 Proposal for a regulation Recital 10 b (new) Text proposed by the Commission PE737.211v01-00 EN Amendment (10b) Member States should ensure that producer responsibility schemes are established for the treatment of end-of-life fluorinated greenhouse gases. The Commission should set out minimum requirements for those producer responsibility schemes, including on collection, reclamation, recycling, disposal facilities, 8/334 PR\1265051EN.docx equipment provision to certified technicians, reporting and awareness-raising. Or. en Amendment 7 Proposal for a regulation Recital 11 Text proposed by the Commission (11) To encourage the use of technologies with no impact or lower impact on the climate that may involve the use substances that are toxic, flammable or highly pressurized, the training of natural persons who carry out activities involving fluorinated greenhouse gases should cover technologies replacing or reducing the use of fluorinated greenhouse gases, including information on energy efficiency aspects and applicable regulations and technical standards. Certification and training programmes established under Regulation (EU) No 517/2014, which may be integrated in national vocational training systems, should be reviewed or adapted enabling technicians to handle alternative technologies safely. Amendment (11) To encourage the use of technologies with no impact or lower impact on the climate that may involve the use of substances that are toxic, flammable or highly pressurized, the training of natural persons who carry out activities involving fluorinated greenhouse gases should cover technologies replacing or reducing the use of fluorinated greenhouse gases, including information on energy efficiency aspects and applicable regulations and technical standards. Certification and training programmes established under Regulation (EU) No 517/2014, which may be integrated in national vocational training systems, should be reviewed or adapted enabling technicians to handle alternative technologies safely. Member States should ensure that all of the workforce handling fluorinated greenhouse gases and alternative technologies are fully trained. Or. en Amendment 8 Proposal for a regulation Recital 13 Text proposed by the Commission (13) Where suitable alternatives to the use of specific fluorinated greenhouse gases are available, bans should be introduced on the placing on the market of new equipment for refrigeration, airconditioning and fire protection that contains fluorinated greenhouse gases or whose functioning relies upon those gases. Where alternatives are not available or cannot be used for technical or safety reasons, or where the use of such alternatives would entail disproportionate costs, it should be Amendment (13) Where suitable alternatives to the use of fluorinated greenhouse gases are available, bans should be introduced on the placing on the market of new equipment for refrigeration, airconditioning, foams, technical aerosols and fire protection that contains fluorinated greenhouse gases or whose functioning relies upon those gases. Where alternatives are not available or cannot be used for technical or safety reasons, or where the use of such alternatives would entail PR\1265051EN.docx 9/334 PE737.211v01-00 EN possible for the Commission to authorise an exemption to allow the placing on the market of such products and equipment for a limited period. disproportionate costs, it should be possible for the Commission to authorise an exemption to allow the placing on the market of such products and equipment for a limited period. Or. en Amendment 9 Proposal for a regulation Recital 13 a (new) Text proposed by the Commission Amendment (13a) The Commission recognises, in its communication of 14 October 2020, entitled "Chemicals Strategy for Sustainability Towards a Toxic-Free Environment" that per- and polyfluoroalkyl substances (PFAS) require special attention, considering the large number of cases of contamination of soil and water - including drinking water - in the EU and globally, the number of people affected with a full spectrum of illnesses and the related societal and economic costs. In order to ensure coherence with Union policy and a high level of protection of human health and the environment, and given the availability of non-toxic alternatives, the use of fluorinated greenhouse gases that are also PFAS, whose production produces PFAS or otherwise decomposes into PFAS, should not be encouraged by this Regulation. Or. en Amendment 10 Proposal for a regulation Recital 13 b (new) Text proposed by the Commission PE737.211v01-00 EN Amendment (13b) The Commission should request the European standardisation organisations to develop and update relevant harmonised standards to ensure the smooth implementation of the restrictions on placing on the market laid down in this Regulation. Member States should ensure that national standards and building codes are updated to reflect the allowable charge limits of flammable refrigerants, including IEC 60335-2- 10/334 PR\1265051EN.docx 89 and IEC 60335-2-40 and should report on their efforts to that end and any exceptions to their update. Or. en Amendment 11 Proposal for a regulation Recital 13 c (new) Text proposed by the Commission Amendment (13c) The Commission should work in close cooperation with the European Medicines Agency to coordinate a smooth approval process in respect of fluorinated substances and alternatives for medical use, so that all environmental and health aspects are taken into account. Or. en Amendment 12 Proposal for a regulation Recital 15 Text proposed by the Commission (15) Non-refillable containers for ozone depleting substances, should be banned, considering that an amount of refrigerant inevitably remains in these containers when emptied, which is then released into the atmosphere. In this respect, this Regulation should prohibit their import, placing on the market, subsequent supply or making available on the market, use unless for laboratory and analytical uses, and their export. Amendment (15) Non-refillable containers of fluorinated greenhouse gases, should be banned, considering that an amount of refrigerant inevitably remains in these containers when emptied, which is then released into the atmosphere. In this respect, this Regulation should prohibit their import, placing on the market, subsequent supply or making available on the market, use unless for laboratory and analytical uses, and their export. Containers of fluorinated gases should bear a label with information on arrangements for their return for refilling. Or. en Amendment 13 Proposal for a regulation Recital 15 a (new) PR\1265051EN.docx 11/334 PE737.211v01-00 EN Text proposed by the Commission Amendment (15a) As third countries, particularly developing ones, might not have stringent recovery obligations for fluorinated greenhouse gases nor have the appropriate infrastructure to manage those gases at the end of life, exports of products and equipment containing fluorinated greenhouse gases and of containers of those gases from the Union to third countries could result in the release of those gases into the atmosphere when the products and equipment are discarded. As part of its global efforts to mitigate climate change, the Union should not permit the export of at least the most potent hydrofluorocarbons. Or. en Amendment 14 Proposal for a regulation Recital 20 Text proposed by the Commission (20) Considering the market value of the allocated quota, it is appropriate to claim a price for its allocation. This avoids a further fragmentation of the market to the detriment of those undertakings that are in need of the HFC supply and already dependent on HFC trade in the declining market. It is assumed that undertakings that decide not to claim and pay any quota, for which they would be entitled in the year(s) prior to the calculation of reference values, have decided to leave the market and thus they do not get a new reference value. The revenue should be used to cover administrative costs. Amendment (20) Considering the market value of the allocated quota, it is appropriate to claim a price for its allocation. That price should increase over time in order to provide a stable revenue stream. This avoids a further fragmentation of the market to the detriment of those undertakings that are in need of the HFC supply and already dependent on HFC trade in the declining market. It is assumed that undertakings that decide not to claim and pay any quota, for which they would be entitled in the year(s) prior to the calculation of reference values, have decided to leave the market and thus they do not get a new reference value. The revenue should be used to cover administrative costs and allow for additional investments in Member States to stimulate the training and uptake of natural refrigerants and measures to prevent illegal HFC trade. Or. en Amendment 15 Proposal for a regulation Recital 33 PE737.211v01-00 EN 12/334 PR\1265051EN.docx Text proposed by the Commission (33) Member States should lay down rules on penalties applicable to infringements of the provisions of this Regulation and ensure that they are implemented. Those penalties should be effective, proportionate and dissuasive. Amendment (33) Member States should lay down rules on minimum penalties applicable to infringements of the provisions of this Regulation and ensure that they are implemented. Those penalties should be effective, proportionate and dissuasive. Or. en Amendment 16 Proposal for a regulation Recital 39 a (new) Text proposed by the Commission Amendment (39a) In its Communication of 14 October 2020 en titled "Improving access to justice in environmental matters in the EU and its Member States", the Commission recognised that access to justice in environmental matters is not guaranteed in all Member States and called on the Council and the European Parliament to introduce explicit access to justice provisions in new and revised EU laws concerning environmental matters. This Regulation contains provisions which create equal conditions of access across the Union to national courts for members of the public who find that their public authorities are not in compliance with the obligations arising from it, in line with the Convention on Access to Information, Public Participation in Decisionmaking and Access to Justice in Environmental Matters (the "Aarhus Convention"). Or. en Amendment 17 Proposal for a regulation Article 2 - paragraph 1 Text proposed by the Commission 1. This Regulation applies to the fluorinated greenhouse gases listed in Annexes I, II and II, whether alone or in a mixture. Amendment 1. This Regulation applies to the fluorinated greenhouse gases listed in Annexes I, II and III, whether alone or in a mixture. Or. en PR\1265051EN.docx 13/334 PE737.211v01-00 EN Justification Correction of a Commission's editorial mistake. Amendment 18 Proposal for a regulation Article 3 - paragraph 1 - point 6 Text proposed by the Commission (6) `placing on the market' means the supplying or making available to another person within the Union, for the first time, for payment or free of charge, the customs release for free circulation in the Union, and the use of substances produced or the use of products or equipment manufactured for own use; Amendment (6) `placing on the market' means the supplying or making available, including via the internet, to another person within the Union, for the first time, for payment or free of charge, the customs release for free circulation in the Union, and the use of substances produced or the use of products or equipment manufactured for own use; Or. en Amendment 19 Proposal for a regulation Article 4 - paragraph 5 - subparagraph 2 Text proposed by the Commission For the purpose of providing that evidence, importers and producers shall draw up a declaration of conformity and join supporting documentation on the production facility and the mitigation measures adopted to prevent emissions of trifluoromethane. Producers and importers shall keep the declaration of conformity and supporting documentation for a period of at least five years after the placing on the market and make them available, upon request, to national competent authorities and to the Commission. Amendment For the purpose of providing that evidence, importers and producers shall draw up a declaration of conformity and join supporting documentation with: (a) information on the production facility; (b) the proof of availability and operation of the best available abatement technology at the production facility; (c) the proof of mitigation measures adopted to prevent emissions of trifluoromethane, in line with best available techniques; (d) the proof of destruction or recovery of any quantity of emitted trifluoromethane, in line with best available techniques and in accordance PE737.211v01-00 EN 14/334 PR\1265051EN.docx with the requirements laid down in Article 8(7). Producers and importers shall keep the declaration of conformity and supporting documentation for a period of at least five years after the placing on the market and make them available, upon request, to national competent authorities and to the Commission. Or. en Justification Details on the evidence to be provided on the destruction of trifluoromethane should be brought from the relevant Commission Technical Advice document into this Regulation (https://climate.ec.europa.eu/system/files/2016-11/151023_hfc23_byproduction_en.pdf) Amendment 20 Proposal for a regulation Article 4 - paragraph 5 - subparagraph 3 Text proposed by the Commission The Commission may, by means of implementing acts, determine the detailed arrangements relating to the declaration of conformity and supporting documentation referred to in the second subparagraph. Those implementing acts shall be adopted in accordance with Article 34(2). Amendment The Commission shall, by means of implementing acts, determine the detailed arrangements relating to and the detailed elements of the declaration of conformity and supporting documentation referred to in the second subparagraph. Those implementing acts shall be adopted in accordance with Article 34(2). Or. en Amendment 21 Proposal for a regulation Article 4 - paragraph 6 - subparagraph 2 a (new) Text proposed by the Commission Amendment Operators shall ensure that sulfuryl fluoride is captured and recovered after fumigation, unless the recovery is not technically feasible or entails disproportionate costs. Operators shall ensure that the recovery is carried out by appropriately qualified natural persons, so that the gases are recycled, reclaimed or destroyed. For the purpose of providing evidence of destruction, operators shall draw up a declaration PR\1265051EN.docx 15/334 PE737.211v01-00 EN of conformity and join supporting documentation with information on the facility, the proof of availability and operation of the best available recovery technology at the facility, and proof of the measures adopted to recover emissions of sulfuryl fluoride. Where recovery of sulfuryl fluoride is not technically feasible and entails disproportionate costs, the operator shall draw up documentation providing evidence of the impossibility of the recovery of sulfuryl fluoride in that specific case. The operator shall retain the declaration of conformity and the supporting documentation for five years and shall make them available, on request, to the competent authorities of a Member State and to the Commission. Or. en Justification Sulfuryl fluoride is a high GWP gas, which is intentionally released from the enclosure by natural ventilation or forced ventilation. Where possible, residual sulfuryl fluoride gas should be recaptured from the air stream. Amendment 22 Proposal for a regulation Article 5 - paragraph 1 - subparagraph 1 Text proposed by the Commission Operators of equipment that contains 5 tonnes of CO2 equivalent or more of fluorinated greenhouse gases listed in Annex I or 1 kilogram or more of fluorinated greenhouse gases listed in Annex II, Section I, not contained in foams, shall ensure that the equipment is checked for leaks. Amendment Manufacturers and operators of equipment that contains 5 tonnes of CO2 equivalent or more of fluorinated greenhouse gases listed in Annex I or 1 kilogram or more of fluorinated greenhouse gases listed in Annex II, Section I, not contained in foams, shall ensure that the equipment is checked for leaks, including during their manufacturing. Or. en Justification Leaks of f-gases can occur also during the manufacturing of equipment, not only during the use of the equipment. During the manufacturing of electrical switchgears significant leakages occur that should be covered by leakage check requirements. Amendment 23 Proposal for a regulation PE737.211v01-00 EN 16/334 PR\1265051EN.docx Article 5 - paragraph 1 - subparagraph 3 - point c Text proposed by the Commission (c) it contains less than 6 kilograms of fluorinated greenhouse gases listed in Annex I. deleted Amendment Or. en Justification All emissions should be accounted for. Therefore, no threshold should be set on the amount of f-gases for which leak checks are required. Very high amounts of SF6 are "stored" in existing equipment, 50% of which falls under the 6-kilogram threshold. Avoiding leaks from this equipment will benefit the environment but also ensure proper functioning and reduce safety risks of equipment failure. Amendment 24 Proposal for a regulation Article 5 - paragraph 2 - subparagraph 1 - point e Text proposed by the Commission (e) refrigeration units of refrigerated trucks and trailers; Amendment (e) refrigeration units of refrigerated vans, trucks, trailers and ships; Or. en Justification Mobile equipment often has high leakage rates due to vibrations during movement; the external preparatory study informing the impact assessment for this proposal found that leakage rates from operation of transport refrigeration are as follows: vans 28%, trucks and trailers 18% and ships 40%. Amendment 25 Proposal for a regulation Article 5 - paragraph 2 - subparagraph 1 - point e a (new) Text proposed by the Commission Amendment (ea) air-conditioning equipment in metros, trains, ships, planes and in road transport vehicles with the exception of those within the scope of Directive 2006/40/EC; Or. en Justification Mobile equipment often has high leakage rates due to vibrations during movement; the external preparatory PR\1265051EN.docx 17/334 PE737.211v01-00 EN study informing the impact assessment for this proposal found that leakage rates from mobile air-conditioning from sectors not covered by the MAC Directive span from 7% for metros and trains to 40% for passenger and cargo ships. Amendment 26 Proposal for a regulation Article 7 - paragraph 1 - point c Text proposed by the Commission (c) whether the quantities of gases have been recycled or reclaimed, including the name and address in the Union of the recycling or reclamation facility and, where applicable, the certificate number; Amendment (c) whether the recovered gases have been recycled or reclaimed, and in which quantity, including the name and address in the Union of the recycling or reclamation facility and, where applicable, the certificate number; Or. en Amendment 27 Proposal for a regulation Article 8 - paragraph 1 - subparagraph 1 Text proposed by the Commission Operators of stationary equipment or of refrigeration units of refrigerated trucks and trailers that contain fluorinated greenhouse gases listed in Annex I and Annex II, Section 1, not contained in foams, shall ensure that the recovery of those gases is carried out by natural persons that hold the relevant certificates provided for in Article 10, so and that those gases are recycled, reclaimed or destroyed. Amendment Operators of stationary equipment or of refrigeration units of refrigerated vans, trucks, trailers and ships that contain fluorinated greenhouse gases listed in Annex I and Annex II, Section 1, not contained in foams, shall ensure that the recovery of those gases is carried out by natural persons that hold the relevant certificates provided for in Article 10, so and that those gases are recycled, reclaimed or destroyed. Justification To be seen in conjunction with AM to Article 5 - paragraph 2 - subparagraph 1 - point e Or. en Amendment 28 Proposal for a regulation Article 8 - paragraph 1 - subparagraph 2 - point b Text proposed by the Commission Amendment PE737.211v01-00 EN 18/334 PR\1265051EN.docx (b) the cooling circuits of refrigeration units of refrigerated trucks and trailers; (b) the cooling circuits of refrigeration units of refrigerated vans, trucks, trailers and ships; Justification To be seen in conjunction with AM to Article 5 - paragraph 2 - subparagraph 1 - point e Or. en Amendment 29 Proposal for a regulation Article 8 - paragraph 8 Text proposed by the Commission 8. The Commission is empowered to adopt delegated acts in accordance with Article 32 to supplement this Regulation by establishing a list of products and equipment for which the recovery of fluorinated greenhouse gases listed in Annex I and Annex II, Section 1, or destruction of products and equipment containing such gases without prior recovery of these gases shall be considered technically and economically feasible, specifying, if appropriate, the technologies to be applied. Amendment 8. The Commission is empowered to adopt delegated acts in accordance with Article 32 to supplement this Regulation by establishing a list of products and equipment for which the recovery of fluorinated greenhouse gases listed in Annex I and Annex II, or destruction of products and equipment containing such gases without prior recovery of these gases shall be considered technically and economically feasible, specifying, if appropriate, the technologies to be applied. Or. en Justification Annex II Sections 2 and 3 contain fluorinated greenhouse gases with GWPs ranging from 702 to 13,400. It is incumbent on the EU to promote recovery and destruction of these gases wherever possible. Amendment 30 Proposal for a regulation Article 8 - paragraph 9 Text proposed by the Commission 9. Member States shall promote the recovery, recycling, reclamation and destruction of fluorinated greenhouse gases listed in Annex I and Annex II, Section 1. Amendment 9. Member States shall promote the recovery, recycling, reclamation and destruction of fluorinated greenhouse gases listed in Annex I and Annex II. Or. en Justification Annex II Sections 2 and 3 contain fluorinated greenhouse gases with GWPs ranging from 702 to 13,400. It is PR\1265051EN.docx 19/334 PE737.211v01-00 EN incumbent on the EU to promote recovery and destruction of these gases wherever possible. Amendment 31 Proposal for a regulation Article 9 - title Text proposed by the Commission Producer responsibility schemes Amendment Extended producer responsibility schemes Or. en Amendment 32 Proposal for a regulation Article 9 - paragraph 1 Text proposed by the Commission Without prejudice to existing Union legislation, Member States shall encourage the development of producer responsi bility schemes for the recovery of fluorinated greenhouse gases listed in Annexes I and II and their recycling, reclamation or destruction. Amendment 1. Without prejudice to existing Union legislation, Member States shall require that by 31 December 2027 extended producer responsibility schemes are established for the recovery, recycling, reclamation or destruction of fluorinated greenhouse gases listed in Annexes I and II. Or. en Justification The EU should set out some minimum requirements for collection, reclamation, recycling, disposal facilities, equipment provision to certified technicians, reporting and awareness-raising. According to the evaluation report that accompanied the impact assessment for this proposal, just four Member States confirmed that a producer responsibility scheme was in place and two Member States declared that a scheme was planned. In recent years, however, EPR has become a mainstream EU policy approach, most significantly with the revision of the Waste Framework Directive (WFD). Amendment 33 Proposal for a regulation Article 9 - paragraph 1 a (new) Text proposed by the Commission PE737.211v01-00 EN Amendment 1a. The Commission shall, by 31 December 2025, adopt delegated acts in accordance with Article 32 to supplement this Regulation by setting 20/334 PR\1265051EN.docx out minimum requirements for the producer responsibility schemes referred to in paragraph 1, including on collection, reclamation, recycling, disposal facilities, equipment provision to certified technicians, reporting and awareness raising. Or. en Justification The EU should set out some minimum requirements for collection, reclamation, recycling, disposal facilities, equipment provision to certified technicians, reporting and awareness-raising. According to the evaluation report that accompanied the impact assessment for this proposal, just four Member States confirmed that a producer responsibility scheme was in place and two Member States declared that a scheme was planned. In recent years, however, EPR has become a mainstream EU policy approach, most significantly with the revision of the Waste Framework Directive (WFD). Amendment 34 Proposal for a regulation Article 9 - paragraph 1 b (new) Text proposed by the Commission Amendment 1b. Member States shall ensure that producers and importers of fluorinated greenhouse gases listed in Annexes I and II cover the costs pursuant to the extended producer responsibility provisions in Directive 2008/98/EC of the European Parliament and of the Council and, insofar as not already included, cover at least the following costs: (a) the costs of collection, including the provision of accessible collection points, storage and transport; (b) the costs of recycling units for natural persons certified in accordance with Article 10 for the purposes of onsite recycling. Or. en Justification The EU should set out some minimum requirements for collection, reclamation, recycling, disposal facilities, equipment provision to certified technicians, reporting and awareness-raising. According to the evaluation report that accompanied the impact assessment for this proposal, just four Member States confirmed that a producer responsibility scheme was in place and two Member States declared that a scheme was planned. In recent years, however, EPR has become a mainstream EU policy approach, most significantly with the revision of the Waste Framework Directive (WFD). PR\1265051EN.docx 21/334 PE737.211v01-00 EN Amendment 35 Proposal for a regulation Article 9 - paragraph 2 Text proposed by the Commission Member States shall inform the Commission on the actions undertaken. deleted Amendment Or. en Amendment 36 Proposal for a regulation Article 10 - paragraph 2 Text proposed by the Commission 2. Member States shall ensure that training programmes for natural persons recovering fluorinated greenhouse gases listed in Annex I and Annex II, Section I from air-conditioning equipment in motor vehicles falling within the scope of Directive 2006/40/EC of the European Parliament and of the Council42 are available, pursuant to paragraph 5. _________________ 42 Directive 2006/40/EC of the European Parliament and of the Council of 17 May 2006 relating to emissions from air conditioning systems in motor vehicles and amending Council Directive 70/156/EEC (OJ L 161, 14.6.2006, p. 12). Amendment 2. Member States shall ensure that training programmes for natural persons recovering fluorinated greenhouse gases listed in Annex I and Annex II, Section I and relevant alternatives from air-conditioning equipment in motor vehicles falling within the scope of Directive 2006/40/EC of the European Parliament and of the Council42 are available, pursuant to paragraph 5. _________________ 42 Directive 2006/40/EC of the European Parliament and of the Council of 17 May 2006 relating to emissions from air conditioning systems in motor vehicles and amending Council Directive 70/156/EEC (OJ L 161, 14.6.2006, p. 12). Or. en Amendment 37 Proposal for a regulation Article 10 - paragraph 3 - point e a (new) Text proposed by the Commission PE737.211v01-00 EN Amendment (ea) certification for natural refrigerants (their characteristics and benefits compared to the use of fluorinated greenhouse gases, and their safe handling during installation, servicing, maintenance, repair and decommissioning). Or. en 22/334 PR\1265051EN.docx Justification It is important to clarify that certification must be available not only for f-gases but also for the use of natural alternatives, which have different characteristics compared to f-gases and must be handled differently. Amendment 38 Proposal for a regulation Article 10 - paragraph 4 Text proposed by the Commission 4. Certificates under the certification programmes referred to in paragraph 1 shall be subject to the condition that the applicant has successfully completed an evaluation process established in accordance with paragraphs 1, 3 and 5. Amendment 4. Certificates under the certification programmes referred to in paragraph 1 shall be subject to the condition that the applicant has successfully completed an evaluation process established in accordance with paragraphs 1, 3 and 5, every five years. Or. en Justification Considering the fast pace at which technologies evolve, it would be appropriate to set a maximum validity period for certificates of 5 years, after which new certification should be required. Amendment 39 Proposal for a regulation Article 10 - paragraph 8 - subparagraph 1 Text proposed by the Commission By 1 January [OP, please insert the date = one year following the entry into force of this Regulation] Member States shall notify the Commission of certification and training programmes. Amendment By 1 January [OP, please insert the date = one year following the entry into force of this Regulation] Member States shall notify the Commission of certification and training programmes and the number of certified and trained persons for fluorinated greenhouse gases and the relevant alternatives in each sector. Where certification and training for the relevant alternatives falls below a minimum threshold, for each year below that threshold, Member States shall accompany the notification with a plan setting out actions to increase certification and training on the relevant alternatives as from the following calendar year. Or. en PR\1265051EN.docx 23/334 PE737.211v01-00 EN Amendment 40 Proposal for a regulation Article 10 - paragraph 9 Text proposed by the Commission 9. The Commission may, by means of implementing acts, determine the format of the notification referred to in paragraph 8. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 34(2). Amendment 9. The Commission shall, by means of implementing acts, determine the minimum threshold and the format of the notification referred to in paragraph 8. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 34(2). Or. en Amendment 41 Proposal for a regulation Article 11 - paragraph 1 - subparagraph 3 Text proposed by the Commission Two years following the individual dates listed in Annex IV, the subsequent supply or making available to another party in the Union for payment or free of charge of products or equipment lawfully placed on the market prior to the date referred to in the first subparagraph shall be allowed only if evidence is provided that the product or equipment was placed lawfully on the market prior to the date. Amendment Following the individual dates listed in Annex IV, the subsequent supply or making available to another party in the Union for payment or free of charge of products or equipment lawfully placed on the market prior to the date referred to in the first subparagraph shall be allowed only if evidence is provided that the product or equipment was placed lawfully on the market prior to the date. Or. en Justification There is no reason why operators should be allowed to sell banned equipment during two years after the entry into force of the ban. Amendment 42 Proposal for a regulation Article 11 - paragraph 3 - subparagraph 2 a (new) Text proposed by the Commission Amendment Undertakings which place on the market refillable containers for fluorinated greenhouse gases listed in Annexes I and II shall produce a declaration of conformity that includes evidence confirming the PE737.211v01-00 EN 24/334 PR\1265051EN.docx arrangements in place for the return of that container for the purpose of refilling. They shall keep the declaration of conformity for a period of at least five years after the placing on the market of refillable containers and shall make it available, on request, to the competent authorities of Member States and the Commission. The Commission may, by means of implementing acts, supplement this Regulation by determining the details of the declaration of conformity. Such implementing acts shall be adopted in accordance with Article 34(2). Or. en Justification Needed to prevent that containers are not refilled and are instead discarded, with the residual amount of refrigerants being released into the atmosphere when the containers are emptied. Amendment 43 Proposal for a regulation Article 12 - paragraph 2 Text proposed by the Commission 2. Products or equipment subject to an exemption as referred to in Article 11 (4) shall be labelled accordingly and shall include a reference that those products or equipment may only be used for the purpose for which an exemption under that Article was granted. Amendment 2. Products or equipment subject to an exemption as referred to in Article 11 (4) shall be labelled accordingly, mentioning the validity period of the exemption, and shall include a reference that those products or equipment may only be used for the purpose for which an exemption under that Article was granted. Justification exemptions are granted for a 4-year period maximum. Or. en Amendment 44 Proposal for a regulation Article 12 - paragraph 3 - subparagraph 1 - point c Text proposed by the Commission (c) from 1 January 2017, the quantity (c) PR\1265051EN.docx 25/334 Amendment from 1 January 2017, the quantity PE737.211v01-00 EN expressed in weight and in CO2 equivalent of fluorinated greenhouse gases contained in the product or equipment, or the quantity of fluorinated greenhouse gases for which the equipment is designed, and the global warming potential of those gases. expressed in weight and in CO2 equivalent of fluorinated greenhouse gases contained in the product or equipment, or the quantity of fluorinated greenhouse gases for which the equipment is designed, and the global warming potential of those gases, both on a 100- and 20year timescale. Or. en Justification Many HFCs have a far greater GWP on the short term than on the long term. Displaying the 20-year GWP on labels next to the 100-year GWP will contribute to increasing awareness about the short term high global warming impact of some gases. Amendment 45 Proposal for a regulation Article 12 - paragraph 3 - subparagraph 2 a (new) Text proposed by the Commission Amendment Where relevant, retrofitted products or equipment containing fluorinated greenhouse gases shall be relabelled with updated information referred to in this paragraph. Justification needed in case the f-gases or their blends change when the equipment is retrofitted. Or. en Amendment 46 Proposal for a regulation Article 12 - paragraph 5 a (new) Text proposed by the Commission Amendment 5a. Where relevant, refilled containers of fluorinated greenhouse gases shall be relabelled with updated information as referred to in the first subparagraph. Justification containers may be refilled with different f-gases from before. Or. en PE737.211v01-00 EN 26/334 PR\1265051EN.docx Amendment 47 Proposal for a regulation Article 13 - paragraph 3 - subparagraph 1 Text proposed by the Commission From 1 January 2024, the use of fluorinated greenhouse gases listed in Annex I, with a global warming potential of 2 500 or more, for the servicing or maintenance of refrigeration equipment is prohibited. Amendment From 1 January 2024, the use of fluorinated greenhouse gases listed in Annex I, with a global warming potential of 2 500 or more, for the servicing or maintenance of refrigeration, air conditioning and heat pump equipment is prohibited. Or. en Amendment 48 Proposal for a regulation Article 13 - paragraph 3 - subparagraph 2 Text proposed by the Commission This paragraph shall not apply to military equipment or equipment intended for applications designed to cool products to temperatures below 50 C. deleted Amendment Or. en Justification This exemption is not well justified in the impact assessment, and it provides a disincentive for these sectors to use of lower-GWP HFCs and non-fluorinated alternatives. Amendment 49 Proposal for a regulation Article 13 - paragraph 3 - subparagraph 3 - introductory part Text proposed by the Commission Amendment The prohibition referred to in the first subparagraph shall not apply to the following categories of fluorinated greenhouse gases until 1 January 2030: The prohibition referred to in the first subparagraph shall not apply to the following categories of fluorinated greenhouse gases until 1 January 2027: Or. en PR\1265051EN.docx 27/334 PE737.211v01-00 EN Justification Allowing reclaimed and recycled f-gases to be used for a long period of time perpetuates the demand for these greenhouse gases and hampers the accelerated use natural alternatives. Amendment 50 Proposal for a regulation Article 13 - paragraph 4 a (new) Text proposed by the Commission Amendment 4a. From 1 January 2030, the use of sulfuryl fluoride for post-harvest fumigation and treatment of wood and wooden products against pest infestation is prohibited, except where such use shall be strictly required for a phytosanitary certificate and no other treatment can be used. Or. en Justification SF2O2 emissions are growing globally and expected to increase significantly in the future. Despite the high GWP and increasing use of this gas, emissions of sulfuryl fluoride have not been regulated or monitored. There are however scalable alternatives to wood treatment against pest infestation such as irradiation, temperature treatments, debarking, drying with vacuum dryers, hot water steam vacuum process and hydrogen phosphide. Amendment 51 Proposal for a regulation Chapter IV - title Text proposed by the Commission PRODUCTION SCHEDULE AND REDUCTION OF THE QUANTITY OF HYDROFLUOROCARBONS PLACED ON THE MARKET Amendment PRODUCTION SCHEDULE, REDUCTION OF THE QUANTITY OF HYDROFLUOROCARBONS PLACED ON THE MARKET AND RESTRICTION ON EXPORT OF HYDROFLUOROCARBONS Or. en Amendment 52 Proposal for a regulation Article 16 - paragraph 2 - point d Text proposed by the Commission Amendment PE737.211v01-00 EN 28/334 PR\1265051EN.docx (d) supplied directly by a producer or an importer for use in military equipment; deleted Or. en Justification This exemption is not an enumerated exemption under the Montreal Protocol, it is not well justified in the impact assessment, and it discourages the development of natural alternatives. Amendment 53 Proposal for a regulation Article 16 - paragraph 2 - point e Text proposed by the Commission (e) supplied directly by a producer or an importer to an undertaking using it for the etching of semiconductor material or the cleaning of chemicals vapour deposition chambers within the semiconductor manufacturing sector. deleted Amendment Or. en Justification This exemption is not an enumerated exemption under the Montreal Protocol, it is not well justified in the impact assessment, and it discourages the development of natural alternatives. Amendment 54 Proposal for a regulation Article 16 a (new) Text proposed by the Commission Amendment Article 16a Restriction on the export of certain hydrofluorocarbons and of products and equipment containing those hydrofluorocarbons The export of fluorinated greenhouse gases listed in Annex I, Section 1, with a GWP of 2 500 or more, and of products and equipment containing those gases, shall be prohibited. Or. en PR\1265051EN.docx 29/334 PE737.211v01-00 EN Justification The EU as a global leader in climate change mitigation should not allow the export at least of the most climate harmful f-gases to third countries, also considering that such countries may not have the same stringent containment standards and infrastructure as the EU has. Amendment 55 Proposal for a regulation Article 17 - paragraph 5 - subparagraph 1 Text proposed by the Commission The allocation of quotas is subject to the payment of the amount due which equals to three euro for each tonne of CO2 equivalent of quota to be allocated. Importers and producers shall be notified via the F-gas Portal of the total amount due for its calculated maximum quota allocation for the following calendar year and of the deadline for completing the payment. The Commission may, by means of implementing acts, determine the modalities and the detailed arrangements for the payment of the amount due. Those implementing acts shall be adopted in accordance with the examination procedure referred to in 34(2). Amendment The allocation of quotas is subject to the payment of the amount specified in Annex VII. Importers and producers shall be notified via the F-gas Portal of the total amount due for its calculated maximum quota allocation for the following calendar year and of the deadline for completing the payment. The Commission may, by means of implementing acts, determine the modalities and the detailed arrangements for the payment of the amount due. Those implementing acts shall be adopted in accordance with the examination procedure referred to in 34(2). Or. en Justification the rapporteur suggests to have a step-wise increase of the quota price, guaranteeing stable revenues that can be used for the administration of the Regulation, better enforcement, and support to the roll-out of alternative technologies. Amendment 56 Proposal for a regulation Article 17 - paragraph 7 Text proposed by the Commission 7. The revenue generated from the quota allocation amount shall constitute external assigned revenue in accordance with Article 21(5) of Regulation (EU, Euratom) No 2018/1046. That revenue shall be assigned to the LIFE programme and to Heading 7 of the multiannual financial framework (European Public Administration), to cover the costs of external staff working on the management of the quota allocation, IT services, and licensing systems for the purpose of Amendment 7. The revenue generated from the quota allocation amount shall constitute external assigned revenue in accordance with Article 21(5) of Regulation (EU, Euratom) No 2018/1046. That revenue shall be assigned to the LIFE programme and to Heading 7 of the multiannual financial framework (European Public Administration), to cover the costs of external staff working on the management of the quota allocation, IT services, and licensing systems for the purpose of PE737.211v01-00 EN 30/334 PR\1265051EN.docx implementation of this Regulation and for ensuring compliance with the Protocol. Any revenue remaining after covering these costs shall be entered into the general budget of the Union. implementation of this Regulation, to support Member States' enforcement of this Regulation, including that related to sale via the internet and the seizure and destruction of illegal fluorinated greenhouse gases, to support the roll-out of alternatives to fluorinated greenhouse gas, particularly in the sectors incurring high mitigation costs, to enhance the related professional skills, and to ensure compliance with the Protocol. Any revenue remaining after covering these costs shall be entered into the general budget of the Union. Or. en Amendment 57 Proposal for a regulation Article 19 - paragraph 1 Text proposed by the Commission 1. Refrigeration, air conditioning and heat pump equipment charged with hydrofluorocarbons shall not be placed on the market unless hydrofluorocarbons charged into the equipment are accounted for within the quota system referred to in this Chapter. Amendment 1. Refrigeration, air conditioning, heat pump equipment and metered dose inhalers charged with hydrofluorocarbons shall not be placed on the market unless hydrofluorocarbons charged into the equipment or product are accounted for within the quota system referred to in this Chapter. Or. en Amendment 58 Proposal for a regulation Article 19 - paragraph 2 - subparagraph 1 Text proposed by the Commission When placing pre-charged equipment as referred to in paragraph 1 on the market, manufacturers and importers of equipment shall ensure that compliance with paragraph 1 is fully documented and shall draw up a declaration of conformity in this respect. Amendment When placing pre-charged equipment or products as referred to in paragraph 1 on the market, manufacturers and importers of equipment or products shall ensure that compliance with paragraph 1 is fully documented and shall draw up a declaration of conformity in this respect. Or. en Amendment 59 PR\1265051EN.docx 31/334 PE737.211v01-00 EN Proposal for a regulation Article 19 - paragraph 2 - subparagraph 2 Text proposed by the Commission By drawing up the declaration of conformity, manufacturers and importers of equipment shall assume responsibility for compliance with this paragraph and paragraph 1. Amendment By drawing up the declaration of conformity, manufacturers and importers of equipment or products shall assume responsibility for compliance with this paragraph and paragraph 1. Or. en Amendment 60 Proposal for a regulation Article 19 - paragraph 2 - subparagraph 3 Text proposed by the Commission Manufacturers and importers of equipment shall keep this documentation and the declaration of conformity for a period of at least five years after the placing on the market of that equipment and shall make it available, on request, to the competent authorities of Member States and the Commission. Amendment Manufacturers and importers of equipment or products shall keep this documentation and the declaration of conformity for a period of at least five years after the placing on the market of that equipment or products and shall make it available, on request, to the competent authorities of Member States and the Commission. Or. en Amendment 61 Proposal for a regulation Article 19 - paragraph 3 - subparagraph 1 Text proposed by the Commission Where hydrofluorocarbons contained in the equipment referred to in paragraph 1 have not been placed on the market prior to the charging of the equipment, importers of that equipment shall ensure that, by 30 April [OP: Please insert the year of application of this Regulation] and every year thereafter, the accuracy of the documentation, the declaration of conformity and the veracity of their report pursuant to Article 26 is confirmed, for the preceding calendar year, at a reasonable level of assurance by an independent auditor registered in the F-gas Portal. Amendment Where hydrofluorocarbons contained in the equipment or products referred to in paragraph 1 have not been placed on the market prior to the charging of the equipment, importers of that equipment or products shall ensure that, by 30 April [OP: Please insert the year of application of this Regulation] and every year thereafter, the accuracy of the documentation, the declaration of conformity and the veracity of their report pursuant to Article 26 is confirmed, for the preceding calendar year, at a reasonable level of assurance by an independent auditor registered in the F-gas Portal. Or. en PE737.211v01-00 EN 32/334 PR\1265051EN.docx Amendment 62 Proposal for a regulation Article 19 - paragraph 5 Text proposed by the Commission 5. Importers of equipment referred to in paragraph 1, which has no establishment in the Union, shall mandate an only representative with an establishment within the Union that assumes the full responsibility of complying with this Regulation. The only representative may be the same as the one mandated pursuant to Article 8 of Regulation (EC) No 1907/2006. Amendment 5. Importers of equipment or products referred to in paragraph 1, which has no establishment in the Union, shall mandate an only representative with an establishment within the Union that assumes the full responsibility of complying with this Regulation. The only representative may be the same as the one mandated pursuant to Article 8 of Regulation (EC) No 1907/2006. Or. en Amendment 63 Proposal for a regulation Article 19 - paragraph 6 Text proposed by the Commission 6. This Article shall not apply to undertakings that placed on the market less than 100 tonnes of CO2 equivalent of hydrofluorocarbons, per year, contained in the equipment referred to in paragraph 1. Amendment 6. This Article shall not apply to undertakings that placed on the market less than 100 tonnes of CO2 equivalent of hydrofluorocarbons, per year, contained in the equipment or products referred to in paragraph 1. Or. en Amendment 64 Proposal for a regulation Article 20 - paragraph 4 - subparagraph 1 - introductory part Text proposed by the Commission Amendment Undertakings shall have a valid registration in the F-gas Portal prior to the import or export of fluorinated greenhouse gases and products and equipment containing fluorinated greenhouse gases or whose functioning relies upon those gases except in cases of temporary storage and for the following activities: Undertakings shall have a valid registration in the F-gas Portal prior to the import or export of fluorinated greenhouse gases and products and equipment containing fluorinated greenhouse gases or whose functioning relies upon those gases except for the following activities: PR\1265051EN.docx 33/334 PE737.211v01-00 EN Or. en Justification it is better to require registration of equipment and products even if they are for temporary storage, so that if eventually they aren't and are placed on the market, they can be traced back. Moreover, temporary storage is not exempt from the licencing requirements under the Montreal Protocol. Amendment 65 Proposal for a regulation Article 20 - paragraph 4 - subparagraph 1 - point c Text proposed by the Commission (c) supplying, or receiving hydrofluorocarbons for the purposes listed in points (a) to (e) of Article 16(2); Amendment (c) supplying, or receiving hydrofluorocarbons for the purposes listed in points (a) to (c) of Article 16(2); Or. en Justification There are a number of exemptions under the licensing system, including HFCs for: feedstock applications; export out of the Union; military and specified semiconductor industry uses; destruction; and HFCs in temporary storage. As currently envisaged, the licensing requirements do not fulfil the requirements of the Montreal Protocol, which requires each Party to establish and implement a system for licensing the import and export of new, used, recycled and reclaimed "controlled substances" in Annex F of the Protocol. All HFCs in Annex F (which mirror the HFCs listed in Section I of Annex 1 of the EU F-Gas Regulation) are controlled substances, whether or not their production, placing on the market or use is exempt from the phase-down (e.g., for feedstock, military use etc.), and therefore should be covered by the licensing system. Amendment 66 Proposal for a regulation Article 20 - paragraph 7 - subparagraph 2 Text proposed by the Commission The Commission and competent authorities of the Member States shall ensure the confidentiality of the data included in the F-gas Portal. Amendment The Commission and competent authorities of the Member States shall ensure that the following data included in the F-gas Portal is publicly available: (i) regularly updated quota allocation; (ii) information on undertakings receiving a quota transfer and the amount received; (iii) a list of registered suppliers; (iv) detailed trade data on each import, including point of entry and type of HFC; PE737.211v01-00 EN 34/334 PR\1265051EN.docx (v) transhipment data; (vi) domestic HFC production data including production for feedstock and facilities that produce HFC-23; and (vii) facility-level chemical destruction data. Or. en Justification The lack of transparency in the EU F-Gas Regulation makes it hard for civil society, the broader enforcement community and other market players to scrutinise compliance. The EU F-Gas Regulation should have a more transparent approach to data sharing. Amendment 67 Proposal for a regulation Article 22 - paragraph 1 Text proposed by the Commission The import and export of fluorinated greenhouse gases and products and equipment containing those gases or whose functioning relies upon those gases except in cases of temporary storage, is subject to the presentation of a valid licence to customs authorities pursuant to Article 20(4). Amendment The import and export of fluorinated greenhouse gases and products and equipment containing those gases or whose functioning relies upon those gases is subject to the presentation of a valid licence to customs authorities pursuant to Article 20(4). Or. en Amendment 68 Proposal for a regulation Article 23 - paragraph 5 Text proposed by the Commission 5. Where relevant, customs authorities shall communicate information regarding the customs clearance of goods to the F-gas Portal via the European Union Single Window Environment for Customs. Amendment 5. Customs authorities shall communicate information regarding the customs clearance of goods to the F-gas Portal via the European Union Single Window Environment for Customs. Or. en Amendment 69 Proposal for a regulation PR\1265051EN.docx 35/334 PE737.211v01-00 EN Article 23 - paragraph 6 Text proposed by the Commission 6. Importers of fluorinated greenhouse gases listed in Annex I and Annex II, Section 1, in refillable containers shall make available to customs authorities, at the time the customs declaration related to the release for free circulation is submitted, a declaration of conformity including evidence confirming the arrangements in place for the return of the container for the purpose of refilling. Amendment 6. Importers of fluorinated greenhouse gases listed in Annex I and Annex II, Section 1, in refillable containers shall make available to customs authorities, at the time the customs declaration related to the release for free circulation is submitted, a declaration of conformity including evidence confirming the arrangements in place for the return of the container for the purpose of refilling, as referred to in Article 11(3a). Or. en Amendment 70 Proposal for a regulation Article 23 - paragraph 12 - subparagraph 1 a (new) Text proposed by the Commission Amendment Customs and other enforcement authorities shall destroy confiscated materials. Or. en Justification Customs authorities should be required to confiscate or seize any illegal shipment, discouraging illegal HFC traders from any economic benefit of their activities, and then destroy the confiscated material. Amendment 71 Proposal for a regulation Article 23 - paragraph 12 - subparagraph 2 Text proposed by the Commission For other substances and products and equipment covered by this Regulation, alternative measures may be taken to prevent unlawful import, further supply, or export, in particular in cases of hydrofluorocarbons placed on the market in bulk or charged in products and equipment in violation of the quota and authorisation requirements set out in this Regulation. Amendment For other substances and products and equipment covered by this Regulation, if seizure and confiscation of illegal shipments is not an option, alternative measures may be taken to prevent unlawful import, further supply, or export, in particular in cases of hydrofluorocarbons placed on the market in bulk or charged in products and equipment in violation of the quota and authorisation requirements set out in this Regulation. PE737.211v01-00 EN 36/334 PR\1265051EN.docx Or. en Amendment 72 Proposal for a regulation Article 24 - paragraph 1 Text proposed by the Commission The Commission is empowered to adopt delegated acts in accordance with Article 32 to supplement this Regulation by establishing additional measures to those set out in this Regulation for the monitoring of fluorinated greenhouse gases and of products and equipment containing those gases or whose functioning relies upon those gases placed under temporary storage, or a customs procedure including customs warehousing or free zone procedure or in transit through the customs territory of the Union, on the basis of an evaluation of the potential risks of illegal trade linked to such movements, including tracing methodologies for gases placed on the market, taking into account the environmental benefits and socio-economic impacts of such measures. Amendment The Commission is empowered to adopt delegated acts in accordance with Article 32 to supplement this Regulation by establishing additional measures to those set out in this Regulation for the monitoring of fluorinated greenhouse gases and of products and equipment containing those gases or whose functioning relies upon those gases placed under temporary storage, or a customs procedure including customs warehousing or free zone procedure or in transit through the customs territory of the Union, on the basis of an evaluation of the potential risks of illegal trade linked to such movements, including tracing methodologies for gases placed on the market, taking into account the environmental benefits and socio-economic impacts of such measures. Such measures may include a QR-code based system to track and trace fluorinated greenhouse gases and products and equipment containing those gases. Or. en Amendment 73 Proposal for a regulation Article 26 - paragraph 1 - subparagraph 1 Text proposed by the Commission By 31 March [OP: Please insert the year of application of this Regulation], and every year thereafter, each producer, importer and exporter that produced, imported or exported hydrofluorocarbons or quantities exceeding one metric tonne or 100 tonnes of CO2 equivalent of other fluorinated greenhouse gases during the preceding calendar year shall report to the Commission the data specified in Annex IX on each of those substances for that calendar year. This paragraph shall also apply to all undertakings receiving quotas pursuant to Article 21(1). Amendment By 31 March [OP: Please insert the year of application of this Regulation], and every year thereafter, each producer, importer and exporter that produced, imported or exported fluorinated greenhouse gases during the preceding calendar year shall report to the Commission the data specified in Annex IX on each of those substances for that calendar year. This paragraph shall also apply to all undertakings receiving quotas pursuant to Article 21(1). PR\1265051EN.docx 37/334 PE737.211v01-00 EN Or. en Justification the removal of minimum quantity prevents importation of small consignments for illegal trade to avoid fulfilling the reporting obligation and conforms to the Montreal Protocol. Amendment 74 Proposal for a regulation Article 26 - paragraph 2 Text proposed by the Commission 2. By 31 March [OP: Please insert the year of application of this Regulation], and every year thereafter, each undertaking that destroyed hydrofluorocarbons or quantities exceeding one metric tonne or 100 tonnes of CO2 equivalent of other fluorinated greenhouse gases during the preceding calendar year shall report to the Commission the data specified in Annex IX on each of those substances for that calendar year. Amendment 2. By 31 March [OP: Please insert the year of application of this Regulation], and every year thereafter, each undertaking that destroyed fluorinated greenhouse gases during the preceding calendar year shall report to the Commission the data specified in Annex IX on each of those substances for that calendar year. Justification All undertakings destroying fluorinated greenhouse gases should be subject to reporting to promote compliance. Or. en Amendment 75 Proposal for a regulation Article 26 - paragraph 3 Text proposed by the Commission 3. By 31 March [[OP: Please insert the year of application of this Regulation], each undertaking that used 1 000 tonnes of CO2 equivalent or more of fluorinated greenhouse gases listed in Annex I as feedstock during the preceding calendar year shall report to the Commission the data specified in Annex IX on each of those substances for that calendar year. Amendment 3. By 31 March [[OP: Please insert the year of application of this Regulation], each undertaking that used fluorinated greenhouse gases listed in Annex I as feedstock during the preceding calendar year shall report to the Commission the data specified in Annex IX on each of those substances for that calendar year. Or. en PE737.211v01-00 EN 38/334 PR\1265051EN.docx Justification This threshold should be eliminated to conform to the Montreal Protocol and prevent loopholes for illegal traders. Amendment 76 Proposal for a regulation Article 26 - paragraph 4 Text proposed by the Commission 4. By 31 March [OP: Please insert the year of application of this Regulation], each undertaking that placed 100 tonnes of CO2 equivalent or more of hydrofluorocarbons, or 500 tonnes of CO2 equivalent or more of other fluorinated greenhouse gases, contained in products or equipment on the market during the preceding calendar year shall report to the Commission the data specified in Annex IX on each of those substances for that calendar year. Amendment 4. By 31 March [OP: Please insert the year of application of this Regulation], each undertaking that placed fluorinated greenhouse gases, contained in products or equipment on the market during the preceding calendar year shall report to the Commission the data specified in Annex IX on each of those substances for that calendar year. Or. en Amendment 77 Proposal for a regulation Article 26 - paragraph 6 Text proposed by the Commission 6. By 31 March [OP: Please insert the year of application of this Regulation], and every year thereafter, each undertaking that reclaimed quantities exceeding 1 metric tonne or 100 tonnes of CO2 equivalent of fluorinated greenhouse gases shall report to the Commission the data specified in Annex IX on each of those substances for that calendar year. Amendment 6. By 31 March [OP: Please insert the year of application of this Regulation], and every year thereafter, each undertaking that reclaimed fluorinated greenhouse gases shall report to the Commission the data specified in Annex IX on each of those substances for that calendar year. Or. en Amendment 78 Proposal for a regulation Article 26 - paragraph 7 PR\1265051EN.docx 39/334 PE737.211v01-00 EN Text proposed by the Commission 7. By 30 April [OP: Please insert the year of application of this Regulation], each importer of equipment that placed on the market pre-charged equipment as referred to in Article 19 containing at least 1 000 tonnes of CO2 equivalent hydrofluorocarbons, and where those hydrofluorocarbons have not been placed on the market prior to the charging of the equipment, shall submit to the Commission a verification report issued pursuant to Article 19(3). Amendment 7. By 30 April [OP: Please insert the year of application of this Regulation], each importer of equipment that placed on the market pre-charged equipment as referred to in Article 19 containing hydrofluorocarbons, and where those hydrofluorocarbons have not been placed on the market prior to the charging of the equipment, shall submit to the Commission a verification report issued pursuant to Article 19(3). Or. en Amendment 79 Proposal for a regulation Article 26 - paragraph 8 - subparagraph 1 - introductory part Text proposed by the Commission Amendment By 30 April [OP: Please insert the year of application of this Regulation], and every year thereafter, each undertaking which under paragraph 1 reports on the placing on the market of 1 000 tonnes of CO2 equivalent or more of hydrofluorocarbons during the preceding calendar year shall, in addition, ensure that the veracity of its report is confirmed, at a reasonable level of assurance, by an independent auditor. The auditor shall be registered in the F-gas Portal and shall be either: By 30 April [OP: Please insert the year of application of this Regulation], and every year thereafter, each undertaking which under paragraph 1 reports on the placing on the market of hydrofluorocarbons during the preceding calendar year shall, in addition, ensure that the veracity of its report is confirmed, at a reasonable level of assurance, by an independent auditor. The auditor shall be registered in the F-gas Portal and shall be either: Or. en Amendment 80 Proposal for a regulation Article 29 - paragraph 4 Text proposed by the Commission 4. The competent authorities shall keep records of the checks indicating in particular their nature and results, as well as on the measures taken in case of non-compliance. Records of all checks shall be kept for at least five years. Amendment 4. The competent authorities shall keep records of the checks indicating in particular their nature and results, as well as on the measures taken in case of non-compliance. Records of all checks shall be kept for at least five years. The competent authorities shall also collect the checked trade records and keep the information for at least five years. PE737.211v01-00 EN 40/334 PR\1265051EN.docx Or. en Amendment 81 Proposal for a regulation Article 29 - paragraph 7 a (new) Text proposed by the Commission Amendment 7a. Member States shall provide an annual summary of the data collected from the logbooks to the Commission by 1 April of each year. The Commission shall publish an annual summary and assessment of the data received from Member States. Or. en Amendment 82 Proposal for a regulation Article 29 a (new) Text proposed by the Commission PR\1265051EN.docx Amendment Article 29a Access to justice Member States shall ensure that, in accordance with their national law, members of the public concerned who meet the conditions set out in paragraph 2, including natural or legal persons or their associations, organisations or groups, have access to a review procedure before a court of law, or another independent and impartial body established by law, to challenge the substantive or procedural legality of decisions, acts and omissions that fail to comply with the legal obligations provided for in this Regulation. For the purposes of this paragraph, an act or omission that fails to comply with legal obligations provided for in this Regulation includes an act or omission with respect to a measure adopted for the purposes of implementing those obligations, where that measure fails to make a sufficient contribution to such implementation. 2. Members of the public concerned shall be deemed to meet the conditions referred to in paragraph 1 where: 41/334 PE737.211v01-00 EN (a) they have sufficient interest; or (b) they maintain impairment of a right, where administrative procedural law of a Member State requires that as a precondition. What constitutes a sufficient interest shall be determined by Member States consistently with the objective of giving the members of the public concerned wide access to justice and in conformity with the Aarhus Convention. To that end, the interest of any non-governmental organisation promoting environmental protection and meeting any requirements under national law shall be deemed to have sufficient interest for the purposes of this paragraph 3. 3. Paragraphs 1 and 2 shall not exclude the possibility of being able to have recourse to a preliminary review procedure before an administrative authority and shall not affect the requirement to exhaust administrative review procedures prior to having recourse to judicial review procedures, where such a requirement exists under national law. Any such procedure shall be fair, equitable, timely and not prohibitively expensive. 4. Member States shall ensure that practical information is made easily available to the public on access to administrative and judicial review procedures. Or. en Amendment 83 Proposal for a regulation Article 31 - paragraph 5 - subparagraph 1 Text proposed by the Commission In cases of unlawful production, import, export, placing on the market, or use of fluorinated greenhouse gases or of products and equipment containing those gases or whose functioning relies on those gases, Member States shall envisage maximum administrative fines of at least five times the market value of the concerned gases or products and equipment concerned. In case of a repeated infringement within a five-year period, the Member States shall envisage maximum administrative fines of at least eight times the value of the gases or products and equipment concerned. Amendment In cases of unlawful production, import, export, placing on the market, or use of fluorinated greenhouse gases or of products and equipment containing those gases or whose functioning relies on those gases, Member States shall envisage minimum administrative fines of at least five times the market value of the concerned gases or products and equipment concerned. In case of a repeated infringement within a five-year period, the Member States shall envisage minimum administrative fines of at least eight times the value of the gases or products and equipment concerned. PE737.211v01-00 EN 42/334 PR\1265051EN.docx Or. en Justification Penalties vary from one Member State to the other and in some cases may not be proportionate to the economic gains of illegal activities. It would therefore be more effective to set minimum penalties for noncompliance. Amendment 84 Proposal for a regulation Article 35 - paragraph 1 a (new) Text proposed by the Commission Amendment The Commission shall continuously monitor technological and market developments in relation to the use of fluorinated greenhouse gases and their natural alternatives in the Union. Where the Commission finds evidence of the emergence or acceleration of the use of low GWP fluorinated greenhouse gases or of natural alternatives in products and equipment placed on the Union market, it shall, where appropriate, propose to amend this Regulation by strengthening the prohibitions on the placing on the market of high GWP fluorinated greenhouse gases in the products or equipment concerned. Or. en Justification As technologies evolve very fast, it is important to make sure that the Commission proposes a revision of this Regulation as soon as low GWP options appear, so that this Regulation can mitigate more emissions and provide a greater contribution to the achievement of the EU climate neutrality target and the Paris Agreement goal. Amendment 85 Proposal for a regulation Article 35 - paragraph 1 b (new) Text proposed by the Commission PR\1265051EN.docx Amendment The Commission is empowered to adopt delegated acts in accordance with Article 32 to amend Annexes I, II and III by moving fluorinated greenhouse gases from Annex III to Annexes I or II or by introducing fluorinated greenhouse gases in Annexes I or II, where it has evidence of the 43/334 PE737.211v01-00 EN placing on the market of fluorinated greenhouse gases listed in Annex III or of fluorinated greenhouse gases not listed in Annexes I, II or III to this Regulation. Or. en Justification Fluorinated gases listed in Annex III are not commercialised; they are only used research and development. If they start being commercialised, then the Commission should have the power to move them to Annexes I and II so that their emissions are properly controlled and mitigated. Should new gases, not listed in any Annex, appear on the market, the Commission should have the power to add them to Annexes I or II, again with the purpose to properly contain and mitigate their emissions. This empowerment is aligned with the empowerment provided in the ODS Regulation. Amendment 86 Proposal for a regulation Annex IV - table - point 10 a (new) Text proposed by the Commission Amendment (10a) Domestic refrigerators and freezers that contain fluorinated greenhouse gases 1 January 2025 Or. en Justification Stationary refrigeration no longer requires the use of fluorinated greenhouse gases, as there is an abundance of natural refrigerant alternatives available. (See Oko-Insitut et al (2022) Amendment 87 Proposal for a regulation Annex IV - table - point 11 Text proposed by the Commission (11) Refrigerators and -that contain HFCs with GWP of 2 500 or more. freezers for commercial use (self-contained equipment) -that contain HFCs with GWP of 150 or more. PE737.211v01-00 EN 44/334 1 January 2020 1 January 2022 PR\1265051EN.docx -that contain other fluorinated greenhouse gases with GWP of 150 or more. Amendment 1 January 2024 -that contain HFCs with GWP of 2 500 or more. (11) Refrigerators and freezers for commercial use (self-contained equipment) -that contain HFCs with GWP of 150 or more. -that contain fluorinated greenhouse gases. 1 January 2020 1 January 2022 1 January 2024 Or. en Justification Stationary refrigeration no longer requires the use of fluorinated greenhouse gases, as there is an abundance of natural refrigerant alternatives available. (See Oko-Insitut et al (2022) Amendment 88 Proposal for a regulation Annex IV - table - point 12 Text proposed by the Commission (12) Any self-contained refrigeration equipment that contains fluorinated greenhouse gases with 1 January GWP of 150 or more. 2025 Amendment (12) Any self-contained refrigeration equipment that contains fluorinated greenhouse gases. 1 January 2025 Or. en Justification Stationary refrigeration no longer requires the use of fluorinated greenhouse gases, as there is an abundance of natural refrigerant alternatives available. (See Oko-Insitut et al (2022)) Amendment 89 Proposal for a regulation Annex IV - table - point 14 Text proposed by the Commission PR\1265051EN.docx 45/334 PE737.211v01-00 EN (14) Stationary refrigeration equipment, that contains, or whose functioning relies upon, fluorinated greenhouse gases with GWP of 2 500 or more except equipment intended for 1 January application designed to cool products to temperatures below - 50 C. 2024 Amendment (14) Stationary refrigeration equipment, that contains, or whose functioning relies upon, fluorinated greenhouse gases. 1 January 2024 Or. en Justification Stationary refrigeration no longer requires the use of fluorinated greenhouse gases, as there is an abundance of natural refrigerant alternatives available. (See Oko-Insitut et al (2022)) Amendment 90 Proposal for a regulation Annex IV - table - point 17 Text proposed by the Commission (17) Plug-in room and other self-contained air-conditioning and heat pump equipment that contain fluorinated greenhouse gases with GWP of 150 or more. Amendment 1 January 2025 (17) Plug-in room and other self-contained air-conditioning and heat pump equipment that contain fluorinated greenhouse. 1 January 2025 Or. en Justification Many producers of plug in room air conditioners and heat pumps have already moved to the safe and efficient use of propane in the EU market, as there are dozens of models available on the European market and plans from some large manufacturers to scale up production. Amendment 91 Proposal for a regulation Annex IV - table - point 18 Text proposed by the Commission PE737.211v01-00 EN 46/334 PR\1265051EN.docx (18) Stationary split air-conditioning and split heat pump equipment : (a) Single split systems containing less than 3 kg of fluorinated greenhouse gases listed in 1 January Annex I, that contain, or whose functioning relies upon, fluorinated greenhouse gases listed in Annex I with GWP of 750 or more; 2025 (b) Split systems of a rated capacity of up to and including 12 kW containing, or whose functioning relies upon, fluorinated greenhouse gases with GWP of 150 or more, except when required to meet safety standards; 1 January (c) Split systems of a rated capacity of more than 12 kW containing, or whose functioning relies upon, fluorinated greenhouse gases with GWP of 750 or more, except when 2027 required to meet safety standards. Amendment (18) Stationary split air-conditioning and split heat pump equipment : (a) Single split systems containing less than 3 kg of fluorinated greenhouse gases listed in 1 January Annex I, that contain, or whose functioning relies upon, fluorinated greenhouse gases; 2025 (b) Split systems of a rated capacity of up to and including 12 kW containing, or whose functioning relies upon, fluorinated greenhouse gases, except when required to meet safety standards; (c) Split systems of a rated capacity of more than 12 and up to 200 kW containing, or whose functioning relies upon, fluorinated greenhouse gases with GWP of 750 or more, except when required to meet safety standards. 1 January 2027 (ca) Split systems of a rated capacity of more than 200 kW containing, or whose functioning relies upon, fluorinated greenhouse gases. Or. en Justification Given the recent adoption of standard IEC-60335-2-40, the proposed ban in split systems up to 12 kw can be met with propane. In specific cases where this is not possible, the safety exeption allowes for some flexiblity. In split systems above 200 kw, ammonia and CO2 are available alternatives. Amendment 92 Proposal for a regulation Annex IV - table - point 19 a (new) Text proposed by the Commission Amendment (19a) Foams that contain fluorinated greenhouse gases, except when required to meet national safety standards 1 January 2025 Or. en PR\1265051EN.docx 47/334 PE737.211v01-00 EN Justification Foams have a product lifetime of 50 years and the recovery of F-gases within is expensive. Alternatives relying on H20 and CO2 are already available for XPS and PU Spray foams Amendment 93 Proposal for a regulation Annex IV - table - point 20 a (new) Text proposed by the Commission Amendment (20a) Technical aerosols that contain fluorinated greenhouse gases. 1 January 2030 Justification Technical aerosols can convert to alternatives to fluorinated greenhouse gases, according to the 2012 preparatory study. Amendment 94 Proposal for a regulation Annex IV - table - point 23 Text proposed by the Commission Or. en (23) Installation and replacement of the following electrical switchgear: (a) medium voltage switchgear for primary and secondary distribution up to 24 kV, with insulating or breaking medium using, or whose functioning relies upon, gases with GWP of 10 or more, or with 1 January 2026 GWP of 2000 or more, unless evidence is provided that no suitable alternative is available based on technical grounds within the lower GWP ranges referred to above; (b) medium voltage switchgear for primary and secondary distribution from more than 24 kV and up to 52 kV, with insulating or breaking medium using, or whose functioning relies upon gases with GWP of 1 January 2030 10 or more, or with GWP of more than 2000, unless evidence is provided that no suitable alternative is available based on technical grounds within the lower GWP ranges referred to above; (c) high voltage switchgear from 52 and up to 145 kV and up to 50 kA short circuit current with insulating 1 January 2028 or breaking medium using, or whose functioning PE737.211v01-00 EN 48/334 PR\1265051EN.docx relies upon gases with GWP of 10 or more, or with GWP of more than 2000, unless evidence is provided that no suitable alternative is available based on technical grounds within the lower GWP ranges referred to above; (d) high voltage switchgear of more than 145 kV or more than 50 kA short circuit current with insulating or breaking medium using, or whose functioning relies upon gases with GWP of 10 or more, or with 1 January 2031 GWP of more than 2000 unless evidence is provided that no suitable alternative is available based on technical grounds within the lower GWP ranges referred to above. Amendment (23) Installation and replacement of the following electrical switchgear: (a) medium voltage switchgear for primary and secondary distribution up to and including 24 kV, with insulating or 1 January breaking medium using, or whose functioning relies upon, fluorinated greenhouse gases; 2025 (b) medium voltage switchgear for primary and secondary distribution from more than 24 kV and up to and including 52 kV, with insulating or breaking medium using, or whose functioning relies upon flurionated 1 January 2026 greenhouse gases (c) high voltage switchgear from 52 and up to and including 145 kV and up to 50 kA short circuit current with 1 January insulating or breaking medium using, or whose functioning relies upon flurionated greenhouse gases 2027 (d) high voltage switchgear of more than 145 kV or more than 50 kA short circuit current with insulating or breaking medium using, or whose functioning relies upon flurionated greenhouse gases unless no suitable 1 January 2028 alternative is available based on technical grounds. Amendment 95 Proposal for a regulation Annex IV - table - point 23 a (new) Text proposed by the Commission Or. en Amendment (23a) Transport refrigeration in vans, trucks and trailers, ships and reefer containers that contain, or whose functioning relies upon, fluorinated greenhouse gases. 1 January 2027 PR\1265051EN.docx 49/334 PE737.211v01-00 EN Or. en Justification Transport refrigeration units have high leakage rates and poor end of life refrigerant recovery making this an important subsector for urgent action to address fluorinated gas emissions. Alternatives exist already on the market but uptake has been slow. An Annex IV prohibition is appropriate to motivate the market to shift. Amendment 96 Proposal for a regulation Annex IV - table - point 23 b (new) Text proposed by the Commission Amendment (23b) Mobile air conditioning in passenger and cargo ships, buses, trams, metros and trains that contains, or whose functioning relies upon, fluorinated greenhouse gases. 1 January 2027 Or. en Justification In this subsector, natural alternatives are avaiable to transition away from HFCs and HFOs, the latter are increasingly used. Leakage rates are typically high, making it an important sector to take action. Amendment 97 Proposal for a regulation Annex IV - table - point 23 c (new) Text proposed by the Commission Amendment (23c) Mini chillers that contain, or whose functioning relies upon, fluorinated greenhouse gases. 1 January 2027 Or. en Justification Mini-chillers require very little refrigerant charge and can rely on propane. A clear market signal is necessary to avoid large scale use of of mid-GWP HFCs, HFOs and HFC blends. (See Oko-Insitut et al (2022)). Amendment 98 Proposal for a regulation PE737.211v01-00 EN 50/334 PR\1265051EN.docx Annex IV - table - point 23 d (new) Text proposed by the Commission Amendment (23d) Displacement and centrifugal chillers that contain, or whose functioning relies upon, fluorinated greenhouse gases. 1 January 2027 Or. en Justification Displacement and centrifugal chillers currently have multiple natural refrigerant alternatives. The use of F-gases in these sectors unnecessarily consumes HFC quotas and contributes to illegal HFC trade. (See Oko-Insitut et al (2022)). Amendment 99 Proposal for a regulation Annex IV - point 2 Text proposed by the Commission Amendment 2. The evidence referred to in point 23, shall include documentation establishing that following an open call for tender no suitable alternative on technical grounds, given the demonstrated specificities of the application, was available that could meet the conditions set out in point 23. The documentation shall be kept by the operator for at least five years and shall be made available to the competent authority of the Member State and to the Commission, upon request. 2. The exemption referred to in point 23 may be authorised by the competent authority of a Member State following a substantiated request by an operator. The operator's request shall include documentation proving that following an open call for tender no suitable alternative on technical grounds, given the demonstrated specificities of the application, are available that could meet the conditions set out in point 23. The competent authority shall make the documentation available to the Commission, upon request. Or. en Amendment 100 Proposal for a regulation Annex V - paragraph 1 - point a Text proposed by the Commission (a) for the period 1 January 2024 to 31 December 2028, 60 % of the annual average of its production in 2011-2013; Amendment (a) for the period 1 January 2024 to 31 December 2026, 23,2 % of the annual average of its production in 2011-2013; PR\1265051EN.docx 51/334 PE737.211v01-00 EN Or. en Justification The Commission goes against the logic of the Montreal Protocol by not aligning production and consumption. The practical implication is that while the EU is phasing out its HFC consumption, it will be producing surplus HFCs for export to the global market. Aligning the two schedules ensures consistency and secures the additional climate benefit from early action in the EU. Amendment 101 Proposal for a regulation Annex V - paragraph 1 - point b Text proposed by the Commission (b) from the period 1 January 2029 to 31 December 2033, 30% of the annual average of its production in 2011-2013; Amendment (b) from the period 1 January 2027 to 31 December 2029, 9 % of the annual average of its production in 2011-2013; Or. en Amendment 102 Proposal for a regulation Annex V - paragraph 1 - point c Text proposed by the Commission (c) for the period 1 January 2034 to 31 December 2035, 20% of the annual average of its production in 2011-2013; Amendment (c) for the period 1 January 2030 to 31 December 2032, 3, 9 % of the annual average of its production in 2011-2013; Or. en Amendment 103 Proposal for a regulation Annex V - paragraph 1 - point d Text proposed by the Commission (d) for the period 1 January 2036 and thereafter, 15% % of the annual average of its production in 2011-2013. Amendment (d) for the period 1 January 2033 to 31 December 2035, 3, 3 % of the annual average of its production in 2011-2013; Or. en PE737.211v01-00 EN 52/334 PR\1265051EN.docx Amendment 104 Proposal for a regulation Annex V - paragraph 1 - point d a (new) Text proposed by the Commission Amendment (da) for the period 1 January 2036 to 31 December 2038, 3, 1 % of the annual average of its production in 2011-2013; Or. en Amendment 105 Proposal for a regulation Annex V - paragraph 1 - point d b (new) Text proposed by the Commission Amendment (db) for the period 1 January 2039 to 31 December 2041, 2, 8 % of the annual average of its production in 2011-2013; Or. en Amendment 106 Proposal for a regulation Annex V - paragraph 1 - point d c (new) Text proposed by the Commission Amendment (dc) for the period 1 January 2042 to 31 December 2044, 2, 6 % of the annual average of its production in 2011-2013; Or. en Amendment 107 Proposal for a regulation Annex V - paragraph 1 - point d d (new) Text proposed by the Commission PR\1265051EN.docx Amendment (dd) for the period 1 January 2045 to 31 December 2047, 2, 3 % of the annual average of 53/334 PE737.211v01-00 EN its production in 2011-2013; Or. en Amendment 108 Proposal for a regulation Annex V - paragraph 1 - point d e (new) Text proposed by the Commission Amendment (de) for the period 1 January 2048 to 31 December 2049, 2 % of the annual average of its production in 2011-2013; and Or. en Amendment 109 Proposal for a regulation Annex V - paragraph 1 - point d f (new) Text proposed by the Commission Amendment (df) for the period 1 January 2050 and thereafter, 0 % of the annual average of its production in 2011-2013. Or. en Amendment 110 Proposal for a regulation Annex VI - paragraph 4 a (new) Text proposed by the Commission Amendment The GWP of mixtures is evaluated at the composition within specified tolerances that lead to the highest GWP. Or. en Justification The composition of the mixtures is allowed to range within the tolerance listed in standard ISO 817. The tolerance ranges from 0.1% up to 2%, across the different mixtures and components. When the tolerance of a high GWP substance is high in a mixture the influence on the final GWP can be large. Therefore the GWP must be assessed across all possible compositions in the specified tolerance range and the highest possible GWP PE737.211v01-00 54/334 PR\1265051EN.docx EN value should be used. Amendment 111 Proposal for a regulation Annex VII - title Text proposed by the Commission MAXIMUM QUANTITIES AND CALCULATION OF REFERENCE VALUES AND QUOTAS FOR PLACING HYDROFLUOROCARBONS ON THE MARKET REFERRED TO IN ARTICLE 17 Amendment MAXIMUM QUANTITIES, CALCULATION OF REFERENCE VALUES AND QUOTAS FOR PLACING HYDROFLUOROCARBONS ON THE MARKET, AND QUOTA PRICES REFERRED TO IN ARTICLE 17 Amendment 112 Proposal for a regulation Annex VII - table Text proposed by the Commission Or. en Years Maximum Quantity in tonnes CO2 equivalent 2024 - 2026 41 701 077 2027 - 2029 17 688 360 2030 - 2032 9 132 097 2033 - 2035 8 445 713 2036 - 2038 6 782 265 2039 - 2041 6 136 732 PR\1265051EN.docx 55/334 PE737.211v01-00 EN 2042 - 2044 5 491 199 2045 - 2047 4 845 666 2048 onwards Years 4 200 133 Amendment Maximum Quantity in tonnes CO2 equivalent 2024 - 2026 41 039 167 2027 - 2029 15 963 275 2030 - 2032 6 916 849 2033 - 2035 5 794 785 2036 - 2038 5 467 823 2039 - 2041 5 006 355 2042 - 2044 4 544 888 2045 - 2047 4 083 420 2048 - 2049 3 621 953 PE737.211v01-00 EN 56/334 PR\1265051EN.docx 2049 - 0 onwards Or. en Justification According to the Commission Impact Assessment option 3, these steps are feasible with techniques currently available Amendment 113 Proposal for a regulation Annex VII Text proposed by the Commission Years Maximum Quantity in tonnes CO2 equivalent 2024 - 2026 41 701 077 2027 - 2029 17 688 360 2030 - 2032 9 132 097 2033 - 2035 8 445 713 2036 - 2038 6 782 265 2039 - 2041 6 136 732 2042 - 2044 5 491 199 PR\1265051EN.docx 57/334 PE737.211v01-00 EN 2045 - 2047 4 845 666 2048 onwards Years 4 200 133 Amendment Maximum Quantity Price of quotas for each tonne of CO2 equivalent in tonnes CO2 equivalent (EUR) 2024 - 2026 41 701 077 2027 - 2029 17 688 360 2030 - 2032 9 132 097 2033 - 2035 8 445 713 2036 - 2038 6 782 265 2039 - 2041 6 136 732 2042 - 2044 5 491 199 2045 - 2047 4 845 666 2048 onwards 4 200 133 10 23, 57 45,66 49, 37 61, 48 67, 95 75, 94 86, 05 99, 28 Or. en PE737.211v01-00 EN 58/334 PR\1265051EN.docx Justification The price of quotas is increasing in line with the decrease of quotas available in order to create a stable revenue stream. PR\1265051EN.docx 59/334 PE737.211v01-00 EN Amendment 114 Gnther Sidl, Maria Arena Proposal for a regulation Recital 1 Text proposed by the Commission (1) The European Green Deal launched a new growth strategy for the Union that aims to transform the Union into a fair and prosperous society with a modern, resource-efficient and competitive economy. It reaffirms the Commission's ambition to increase its climate targets and make Europe the first climate-neutral continent by 2050 and aims to protect the health and well-being of citizens from environment- related risks and impacts. Furthermore, the EU is committed to the 2030 Agenda for Sustainable Development and its Sustainable Development Goals. Amendment (1) The European Green Deal launched a new growth strategy for the Union that aims to transform the Union into a fair and prosperous society with a modern, resource-efficient and competitive economy. It reaffirms the Commission's ambition to increase its climate targets and make Europe the first climate-neutral and zero-pollution continent by 2050 at the latest and aims to protect the health and well-being of citizens from environment-related risks and impacts. Furthermore, the EU is committed to Regulation (EU) 2021/1119 of the European Parliament and of the Council (`European Climate Law')1a, the 8th Environmental Action Programme, and the 2030 Agenda for Sustainable Development and its Sustainable Development Goals. _________________ 1a Regulation (EU) 2021/1119 establishing the framework for achieving climate neutrality and amending Regulations (EC) No 401/2009 and (EU) 2018/1999 (`European Climate Law') (OJ L 243, 9.7.2021, p. 1). Or. en Amendment 115 Alexandr Vondra Proposal for a regulation Recital 2 Text proposed by the Commission (2) Fluorinated greenhouse gases are human- made chemicals that are very strong greenhouse gases (`GHG'), often several thousand times stronger than carbon dioxide (`CO2'). Together with CO2, methane and nitrous oxide, they belong to the group of GHG emissions covered by the Paris Agreement adopted under the United Nations Framework Convention on Climate Change (`the Paris Agreement').25 Fluorinated greenhouse gas Amendment (2) Fluorinated greenhouse gases are human- made chemicals that are very strong greenhouse gases (`GHG'), often several thousand times stronger than carbon dioxide (`CO2'). Together with CO2, methane and nitrous oxide, they belong to the group of GHG emissions covered by the Paris Agreement adopted under the United Nations Framework Convention on Climate Change (`the Paris Agreement').25 Fluorinated greenhouse gas PE737.211v01-00 EN 60/334 PR\1265051EN.docx emissions amount today to 2.5 % of total GHG emissions, in the Union, but have doubled from 1990 to 2014 in contrast to other GHG emissions, which have fallen. _________________ 25 OJ L 282, 19.10.2016, p. 4. emissions amount today to 2.5 % of total GHG emissions, in the Union, but have increased by 60 percent from 1990 to 2017 in contrast to other GHG emissions, which have fallen. It must be underlined that this increase was driven by a substantial reduction of substances that deplete the ozone layer. _________________ 25 OJ L 282, 19.10.2016, p. 4. Or. en Amendment 116 Stanislav Polck Proposal for a regulation Recital 2 Text proposed by the Commission (2) Fluorovan sklenkov plyny jsou chemick ltky vyroben clovkem, kter jsou velmi silnmi sklenkovmi plyny, casto tiscinsobn silnjsmi nez oxid uhlicit (,,CO2"). Spolecn s CO2, metanem a oxidem dusnm pat do skupiny emis sklenkovch plyn, na nz se vztahuje Pazsk dohoda pijat v rmci Rmcov mluvy Organizace spojench nrod o zmn klimatu (dle jen ,,Pazsk dohoda")25 . Emise fluorovanch sklenkovch plyn dnes pedstavuj 2,5 % celkovch emis sklenkovch plyn v Unii, ale oproti jinm emism sklenkovch plyn, kter od roku 1990 do roku 2014 klesly, se tyto emise zdvojnsobily. _________________ 25 . vst. L 282, 19.10.2016, s. 4. Amendment (2) Fluorovan sklenkov plyny jsou chemick ltky vyroben clovkem, kter jsou velmi silnmi sklenkovmi plyny, casto tiscinsobn silnjsmi nez oxid uhlicit (,,CO2"), jde navc o ltky relativn chemicky stl, kter petrvvaj v atmosfe i nkolik destek let. . Spolecn s CO2, metanem a oxidem dusnm pat do skupiny emis sklenkovch plyn, na nz se vztahuje Pazsk dohoda pijat v rmci Rmcov mluvy Organizace spojench nrod o zmn klimatu (dle jen ,,Pazsk dohoda")25 . Emise fluorovanch sklenkovch plyn dnes pedstavuj 2,5 % celkovch emis sklenkovch plyn v Unii, ale oproti jinm emism sklenkovch plyn, kter od roku 1990 do roku 2014 klesly, se tyto emise zdvojnsobily. _________________ 25 . vst. L 282, 19.10.2016, s. 4. Or. cs Amendment 117 Nikolaj Villumsen Proposal for a regulation Recital 3 PR\1265051EN.docx 61/334 PE737.211v01-00 EN Text proposed by the Commission (3) Regulation (EU) No 517/2014 of the European Parliament and of the Council26 was adopted to reverse the increase in fluorinated greenhouse gas emissions. As concluded by an evaluation prepared by the Commission, Regulation (EU) No 517/2014 has led to a year-on- year decrease of fluorinated greenhouse gas emissions. The supply of hydrofluorocarbons (`HFCs') has declined by 37 % in metric tonnes and 47 % in terms of tonnes CO2 equivalent from 2015 until 2019. There has also been a clear shift to the use of alternatives with lower global warming potential (`GWP') including natural alternatives (for example CO2, ammonia, hydrocarbons, water) in many types of equipment that used fluorinated greenhouse gases traditionally. _________________ 26 Regulation (EU) No 517/2014 of the European Parliament and of the Council of 16 April 2014 on fluorinated greenhouse gases (OJ L 150, 20.5.2014, p. 195). Amendment (3) Regulation (EU) No 517/2014 of the European Parliament and of the Council26 was adopted to reverse the increase in fluorinated greenhouse gas emissions. As concluded by an evaluation prepared by the Commission, Regulation (EU) No 517/2014 has led to a year-on- year decrease of fluorinated greenhouse gas emissions. The supply of hydrofluorocarbons (`HFCs') has declined by 37 % in metric tonnes and 47 % in terms of tonnes CO2 equivalent from 2015 until 2019. There has also been a clear shift to the use of alternatives with lower global warming potential (`GWP') including natural alternatives (for example CO2, ammonia, hydrocarbons, water) in many types of equipment that used fluorinated greenhouse gases traditionally. As concluded by the evaluation, the most important measures for meeting the objective are the HFC phase-down as well as placing on the market and use prohibitions. _________________ 26 Regulation (EU) No 517/2014 of the European Parliament and of the Council of 16 April 2014 on fluorinated greenhouse gases (OJ L 150, 20.5.2014, p. 195). Or. en Amendment 118 Alexandr Vondra Proposal for a regulation Recital 4 Text proposed by the Commission (4) The Intergovernmental Panel on Climate Change (IPCC) Special report27 concluded that emission decreases for fluorinated greenhouse gases of up to 90 % by 2050 globally compared to the year 2015 would be needed. In response to the urgency for climate action, the Union increased its climate ambition through Regulation (EU) 2021/1119 of the European Parliament and of the Council (the European Climate Law).28 That Regulation establishes a binding net GHG reduction target of at least 55 % by 2030 compared to 1990 and climate neutrality by 2050. The Union has also enhanced its initial nationally determined contribution under the Paris Agreement from at Amendment (4) The Intergovernmental Panel on Climate Change (IPCC) Special report27 stated that the full application of technologies that are currently commercially available, and at least to a limited extent already tested and implemented, have the potential of reducing emissions of fluorinated greenhouse gases by up to 90 % by 2050 globally compared to the year 2010. The report also shows that in order to limit global warming even to 1.5 degrees, the emissions of fluorinated greenhouse gases would have to be reduced by roughly 75- 80% by 2050, compared to 2010 levels. In response to the urgency for climate action, the Union increased its climate ambition through Regulation PE737.211v01-00 62/334 PR\1265051EN.docx EN least 40 % greenhouse gas emissions reductions by 2030, to at least 55 %. However, the evaluation of Regulation (EU) No 517/2014 shows that the emission savings envisaged by 2030 in the context of the outdated Union climate objectives will not be fully achieved. _________________ 27 IPCC Special Report. Global warming of 1.5 C (August 2021). 28 Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing the framework for achieving climate neutrality and amending Regulations (EC) No 401/2009 and (EU) 2018/1999 (OJ L 243, 9.7.2021, p. 1). (EU) 2021/1119 of the European Parliament and of the Council (the European Climate Law).28 That Regulation establishes a binding net GHG reduction target of at least 55 % by 2030 compared to 1990 and climate neutrality by 2050. The Union has also enhanced its initial nationally determined contribution under the Paris Agreement from at least 40 % greenhouse gas emissions reductions by 2030, to at least 55 %. However, the evaluation of Regulation (EU) No 517/2014 shows that the emission savings envisaged by 2030 in the context of the outdated Union climate objectives will not be fully achieved. _________________ 27 IPCC Special Report. Global warming of 1.5 C (August 2021). 28 Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing the framework for achieving climate neutrality and amending Regulations (EC) No 401/2009 and (EU) 2018/1999 (OJ L 243, 9.7.2021, p. 1). Or. en Justification Global Warming of 1.5C an IPCC special report on the impacts of global warming of 1.5 C above pre-industrial levels and related global greenhouse gas emission pathways, in the context of strengthening the global response to the threat of climate change, sustainable development, and efforts to eradicate poverty, p. 118. Amendment 119 Stelios Kympouropoulos, Dolors Montserrat, Dan-tefan Motreanu, Bartosz Arlukowicz, Pernille Weiss, Sara Skyttedal Proposal for a regulation Recital 4 a (new) Text proposed by the Commission Amendment (4 a) In implementing the Regulation, the Commission should take into account the prevention of emissions of overall greenhouse gases and the energy efficiency principle. In this regard, the phase-down of fluorinated greenhouse gases should not compromise the Union's energyefficiency ambitions as laid out in, among others, the European Green Deal, the Directive2010/31/EU of the European Parliament and of the Council on the energy performance of buildings, and the RePowerEUPlan aiming at a PR\1265051EN.docx 63/334 PE737.211v01-00 EN reduced dependency on fossil fuels, and including the deployment of low-climate impact waste-heat recovery applications, such as heat pumps, as well as foams used for high performance insulation. Or. en (Directive 2010/31/EU of the European Parliament and of the Council of 19 May2010 on the energy performance of buildings (OJ L 153 18.6.2010, p. 13).) Justification The proposed revision of the regulation of fluorinated gases should ask for higher ambition towards a low emission energy system but in a way that considers the overall environmental footprint and lifecycle of products and equipment, while recognising the interplay between RepoweEU and other EU regulations related to the Union's climate and energy efficiency ambitions. Amendment 120 Alexandr Vondra Proposal for a regulation Recital 4 a (new) Text proposed by the Commission Amendment (4 a) It is important to see the reduction of fluorinated greenhouse gases in conjunction with the larger targets that the Union has set for GHG. This regulation should not counteract those overarching goals. In particular, this Regulation should not complicate the implementation of the already ambitious objectives under RePowerEU. Or. en Amendment 121 Gnther Sidl, Maria Arena Proposal for a regulation Recital 5 a (new) Text proposed by the Commission PE737.211v01-00 EN Amendment (5 a) Ambitions to reduce GHG emissions including the emissions of fluorinated gases should be stepped up. By 2050, the International Energy Agency (IEA) expects the number of air conditions in the world to quadruple. Air condition alone could account for half a degree of global warming. Most households in hot countries today 64/334 PR\1265051EN.docx have not yet brought their first air condition. Airconditioning needs to be hyper efficient, pollutant-free, affordable, and well maintained Or. en Amendment 122 Cristian-Silviu Buoi Proposal for a regulation Recital 6 Text proposed by the Commission (6) It is important that this Regulation ensures that the Union complies with its international obligations under the Kigali Amendment to the Protocol in the long-term, in particular, with regards to the reduction of consumption and production of HFCs, reporting and licensing requirements, in particular by introducing a phase- down for production and adding reduction steps for the placing of HFCs on the market for the time after 2030. Amendment (6) It is important that this Regulation ensures that the Union complies with its international obligations under the Kigali Amendment to the Protocol in the long-term, in particular, with regards to the reduction of consumption and production of HFCs, reporting and licensing requirements, in particular by introducing a phase- down for production and adding reduction steps for the placing of HFCs on the market for the time after 2030. However, the HFC phase-down must not compromise the Union's energy-efficiency ambitions as laid out in, among others, the European Green Deal, the Energy Performance of Buildings Directive (Directive 2010/31/EU) and the RePowerEU Plan, including the uptake of low- climate impact waste-heat recovery applications, such as heat pumps, as well as foams used for high performance insulation. The RePowerEU Plan envisions an additional 20 million new heat pumps to be installed in the EU by 2026 and nearly 60 million by 2030. Or. en Amendment 123 Alexandr Vondra Proposal for a regulation Recital 6 Text proposed by the Commission (6) It is important that this Regulation ensures that the Union complies with its international obligations under the Kigali Amendment to the Protocol in the long-term, in particular, with Amendment (6) It is important that this Regulation ensures that the Union complies with its international obligations under the Kigali Amendment to the Protocol in the long-term, in particular, with PR\1265051EN.docx 65/334 PE737.211v01-00 EN regards to the reduction of consumption and production of HFCs, reporting and licensing requirements, in particular by introducing a phasedown for production and adding reduction steps for the placing of HFCs on the market for the time after 2030. regards to the reduction of consumption and production of HFCs, reporting and licensing requirements, in particular by introducing a phasedown for production and adding reduction steps for the placing of HFCs on the market for the time after 2030. However, the HFC phase-down must not compromise the Union's energy-efficiency ambitions as laid out in, among others, the European Green Deal, the Energy Performance of Buildings Directive (Directive 2010/31/EU) and the RePowerEU Plan, including the uptake of lowclimate impact waste-heat recovery applications, such as heat pumps, as well as foams used for high performance insulation. The RePowerEU Plan envisions an additional 20 million new heat pumps to be installed in the EU by 2026 and nearly 60 million by 2030. Or. en Amendment 124 Ondej Knotek, Andreas Glck, Frdrique Ries, Emma Wiesner, Billy Kelleher Proposal for a regulation Recital 6 Text proposed by the Commission Amendment (6) It is important that this Regulation ensures that the Union complies with its international obligations under the Kigali Amendment to the Protocol in the long-term, in particular, with regards to the reduction of consumption and production of HFCs, reporting and licensing requirements, in particular by introducing a phase- down for production and adding reduction steps for the placing of HFCs on the market for the time after 2030. (6) It is important that this Regulation ensures that the Union complies with its international obligations under the Kigali Amendment to the Protocol in the long-term, in particular, with regards to the reduction of consumption and production of HFCs, reporting and licensing requirements, in particular by introducing a phase- down for production and adding reduction steps for the placing of HFCs on the market for the time after 2030. However to achieve the climate target in energy sector, there might be a rising need of HFCs, in particular in light of the new target established by RePower to deploy 60 million new heat pumps by 2030. It is therefore of outermost importance that this Regulation takes into account the new target as well as the need to further invest in electrification and to expand power grid. Or. en Justification It is of outermost importance that the Commission's proposal on F-Gas is aligned with the new target of PE737.211v01-00 EN 66/334 PR\1265051EN.docx RePowerEU. Amendment 125 Danilo Oscar Lancini Proposal for a regulation Recital 6 Text proposed by the Commission (6) It is important that this Regulation ensures that the Union complies with its international obligations under the Kigali Amendment to the Protocol in the long-term, in particular, with regards to the reduction of consumption and production of HFCs, reporting and licensing requirements, in particular by introducing a phase- down for production and adding reduction steps for the placing of HFCs on the market for the time after 2030. Amendment (6) It is important that this Regulation ensures that the Union complies with its international obligations under the Kigali Amendment to the Protocol in the long-term, in particular, with regards to the reduction of consumption and production of HFCs, reporting and licensing requirements, in particular by introducing a phase- down for production and adding reduction steps for the placing of HFCs on the market for the time after 2030. However, the HFC phase-down must not compromise the Union's energy-efficiency ambitions. Or. en Amendment 126 Ondej Knotek, Andreas Glck, Frdrique Ries, Emma Wiesner, Billy Kelleher Proposal for a regulation Recital 6 a (new) Text proposed by the Commission Amendment (6 a) Future legislative proposals including the revision of REACH and the potential phase-out of PFAS shall take into account the strict phasing out of HFCs under this Regulation and avoid putting at risk the development of alternative and innovative solutions that could help to fight the climate crisis. Or. en Amendment 127 Gnther Sidl, Maria Arena Proposal for a regulation Recital 7 PR\1265051EN.docx 67/334 PE737.211v01-00 EN Text proposed by the Commission (7) To ensure coherence with the reporting requirements under the Protocol, global warming potentials of HFCs should be calculated in terms of the 100-year global warming potential of one kilogram of a gas relative to one kilogram of CO2 based on the Fourth Assessment Report adopted by the IPCC. For other substances, the most recent IPCC Assessment Report should be used. Where available, the 20-year global warming potential should be provided to better inform about the climate impacts of the substances covered by this Regulation. Amendment (7) To ensure coherence with the reporting requirements under the Protocol, global warming potentials of HFCs should be calculated in terms of the 100-year global warming potential of one kilogram of a gas relative to one kilogram of CO2 based on the Fourth Assessment Report adopted by the IPCC. For other substances, the most recent IPCC Assessment Report should be used. Where available, the 20-year global warming potential should be provided to better inform about the climate impacts of the substances covered by this Regulation. The Commission should advocate for an update of the GWP values of fluorinated greenhouse gases in line with the Sixth Assessment Report adopted by the IPCC at the international level. Or. en Amendment 128 Nikolaj Villumsen Proposal for a regulation Recital 8 Text proposed by the Commission (8) The intentional release of fluorinated substances, where unlawful, is a serious infringement of this Regulation and should be explicitly prohibited; operators and manufacturers of equipment should be obliged to prevent leakage of such substances to the extent possible, including through leak checking of the most relevant equipment. Amendment (8) The intentional release of fluorinated substances, where unlawful, is a serious infringement of this Regulation and should be explicitly prohibited; operators and manufacturers of equipment should be obliged to prevent leakage of such substances to the extent possible, including through leak checking of relevant equipment. Or. en Amendment 129 Gnther Sidl, Maria Arena Proposal for a regulation Recital 9 Text proposed by the Commission (9) Given that the production process for Amendment (9) Given that the production process for PE737.211v01-00 EN 68/334 PR\1265051EN.docx some fluorinated compounds can result in significant emissions of other fluorinated greenhouse gases produced as by-products, such by-product emissions should be destroyed or recovered for subsequent use as a condition for the placing of fluorinated greenhouse gases on the market. Producers and importers should be required to document measures adopted to prevent emissions of trifluoromethane during the production process. some fluorinated compounds can result in insignificant emissions of other fluorinated greenhouse gases produced as by-products, such by-product emissions should be destroyed or recovered for subsequent use as a condition for the placing of fluorinated greenhouse gases on the market. Producers and importers should be required to document mitigation measures adopted to prevent emissions of trifluoromethane during the production process and proof of the destruction and recovery in line with the best available techniques. Or. en Amendment 130 Alexandr Vondra Proposal for a regulation Recital 9 Text proposed by the Commission (9) Given that the production process for some fluorinated compounds can result in significant emissions of other fluorinated greenhouse gases produced as by-products, such by-product emissions should be destroyed or recovered for subsequent use as a condition for the placing of fluorinated greenhouse gases on the market. Producers and importers should be required to document measures adopted to prevent emissions of trifluoromethane during the production process. Amendment (9) Given that the production process for some fluorinated compounds can result in significant emissions of other fluorinated greenhouse gases produced as by-products, such by-product emissions should be destroyed or recovered for subsequent use as a condition for the placing of fluorinated greenhouse gases on the market in accordance with the Montreal Protocol. Producers and importers should be required to document measures adopted to prevent emissions of trifluoromethane during the production process. Or. en Amendment 131 Danilo Oscar Lancini Proposal for a regulation Recital 10 a (new) Text proposed by the Commission PR\1265051EN.docx Amendment (10 a) MDIs are medicinal products subject to rigorous assessments including highly regulated clinical studies to ensure patient safety. MDIs are life-saving critical medicines subject to massive stockpiling and use in the event of cross-border 69/334 PE737.211v01-00 EN health threats affecting the respiratory tract. As key treatments for chronic respiratory disease, the transition of the MDIs to low-GWP technologies requires information exchange, cooperation and monitoring between the European Commission, Member States and competent authorities, the European Medicines Agency and the Health Emergency Preparedness and Response Authority, to avoid shortages and ensure sustained patient access to life-saving medication. Or. en Amendment 132 Alexandr Vondra Proposal for a regulation Recital 10 a (new) Text proposed by the Commission Amendment (10 a) Despite the high GWP and increasing use of sulfuryl fluoride, the emissions of this fluorinated greenhouse gas have not been regulated or monitored and are also not covered by any reporting requirements under the Paris Agreement. Where alternative treatment methods of wood and wooden products against pest infestation are available, the use of sulfuryl fluoride is prohibited by 2030. From 2025, operators must ensure that, if technically and financially feasible, sulfuryl fluoride is recovered after fumigation. If this is not possible, then alternative treatment options must be used. Or. en Amendment 133 Nikolaj Villumsen Proposal for a regulation Recital 10 a (new) Text proposed by the Commission PE737.211v01-00 EN Amendment (10 a) Member States should ensure that producer responsibility schemes are established for the treatment of end-of-life fluorinated greenhouse gases. The Commission should set out minimum requirements for those producer 70/334 PR\1265051EN.docx responsibility schemes, including on collection, reclamation, recycling, disposal facilities, equipment provision to certified technicians, reporting and awareness-raising. Or. en Amendment 134 Gnther Sidl, Maria Arena Proposal for a regulation Recital 10 a (new) Text proposed by the Commission Amendment (10 a) Member States should ensure that producer responsibility schemes are established for the treatment of end-of-life fluorinated greenhouse gases. The Commission should set out minimum requirements for those producer responsibility schemes,including on collection, reclamation, recycling, disposal facilities, equipment provision to certified technicians, reporting and awareness-raising. Or. en Amendment 135 Danilo Oscar Lancini Proposal for a regulation Recital 10 b (new) Text proposed by the Commission PR\1265051EN.docx Amendment (10 b) The removal of the medical exemption for Metered-Dose-Inhalers (MDIs) from the quota system increases the obligation to transition to low-GWP solutions for medicinal products. The transition will entail deep changes in the management of asthma and chronic obstructive. To ensure a smooth MDI transition the regulation implementation requires a health-in-all-policies approach. National healthcare systems should establish programmes to inform healthcare providers on the medicines available and educate patients on the treatments and inhalation techniques to treat their asthma and chronic obstructive pulmonary disease. 71/334 PE737.211v01-00 EN Or. en Amendment 136 Nikolaj Villumsen Proposal for a regulation Recital 11 Text proposed by the Commission (11) To encourage the use of technologies with no impact or lower impact on the climate that may involve the use substances that are toxic, flammable or highly pressurized, the training of natural persons who carry out activities involving fluorinated greenhouse gases should cover technologies replacing or reducing the use of fluorinated greenhouse gases, including information on energy efficiency aspects and applicable regulations and technical standards. Certification and training programmes established under Regulation (EU) No 517/2014, which may be integrated in national vocational training systems, should be reviewed or adapted enabling technicians to handle alternative technologies safely. Amendment (11) To encourage the use of technologies with no impact or lower impact on the climate that may involve the use substances that are toxic, flammable or highly pressurized, the training of natural persons who carry out activities involving fluorinated greenhouse gases should cover technologies replacing or reducing the use of fluorinated greenhouse gases, including information on energy efficiency aspects and applicable regulations and technical standards. Certification and training programmes established under Regulation (EU) No 517/2014, which may be integrated in national vocational training systems, should be reviewed or adapted enabling technicians to handle alternative technologies safely. Member States should, in consultation with the social partners, ensure that all of the workforce handling fluorinated greenhouse gases and alternative technologies are fully trained and that opportunities for continuous upskilling of the workforce are available as technological advances are achieved. Or. en Amendment 137 Gnther Sidl, Maria Arena Proposal for a regulation Recital 11 Text proposed by the Commission (11) To encourage the use of technologies with no impact or lower impact on the climate that may involve the use substances that are toxic, flammable or highly pressurized, the training of natural persons who carry out activities involving fluorinated greenhouse gases should cover technologies replacing or reducing the use of fluorinated greenhouse gases, including Amendment (11) To encourage the use of technologies with no impact or lower impact on the climate that may involve the use substances that are toxic, flammable or highly pressurized, the training of natural persons who carry out activities involving fluorinated greenhouse gases should cover technologies replacing or reducing the use of fluorinated greenhouse gases, including PE737.211v01-00 EN 72/334 PR\1265051EN.docx information on energy efficiency aspects and applicable regulations and technical standards. Certification and training programmes established under Regulation (EU) No 517/2014, which may be integrated in national vocational training systems, should be reviewed or adapted enabling technicians to handle alternative technologies safely. information on energy efficiency aspects and applicable regulations and technical standards. Certification and training programmes established under Regulation (EU) No 517/2014, which may be integrated in national vocational training systems, should be reviewed or adapted enabling technicians to handle alternative technologies safely. Member States should ensure that all of the workforce handling fluorinated greenhouse gases and alternative technologies are fully trained. Or. en Amendment 138 Danilo Oscar Lancini Proposal for a regulation Recital 11 Text proposed by the Commission (11) To encourage the use of technologies with no impact or lower impact on the climate that may involve the use substances that are toxic, flammable or highly pressurized, the training of natural persons who carry out activities involving fluorinated greenhouse gases should cover technologies replacing or reducing the use of fluorinated greenhouse gases, including information on energy efficiency aspects and applicable regulations and technical standards. Certification and training programmes established under Regulation (EU) No 517/2014, which may be integrated in national vocational training systems, should be reviewed or adapted enabling technicians to handle alternative technologies safely. Amendment (11) To encourage the use of technologies with no impact or lower impact on the climate that may involve the use substances that are toxic, flammable or highly pressurized, the training of natural persons who carry out activities involving fluorinated greenhouse gases should cover technologies replacing or reducing the use of fluorinated greenhouse gases, including information on energy efficiency aspects and applicable regulations and technical standards. Certification and training programmes established under Regulation (EU) No 517/2014, which may be integrated in national vocational training systems, should be reviewed or adapted enabling technicians to handle alternative technologies safely. Healthcare professionals and patients relying on MDIs medicines shall be informed and educated on the use of existing and upcoming MDIs. Or. en Amendment 139 Stelios Kympouropoulos, Dolors Montserrat, Dan-tefan Motreanu, Bartosz Arlukowicz, Pernille Weiss, Sara Skyttedal Proposal for a regulation Recital 11 a (new) PR\1265051EN.docx 73/334 PE737.211v01-00 EN Text proposed by the Commission Amendment (11 a) The transition of the Metered-DoseInhalers(MDIs) to low-GWP technologies will require information exchange, cooperation and monitoring between the European Commission, Member States and competent authorities, the European Medicines Agency and the Health Emergency Preparedness and Response Authority, to avoid shortages and ensure sustained patient access to life-saving medication. Healthcare professionals and patients relying on MDIs medicines shall be informed and educated on the use of upcoming MDIs. Or. en Justification There is limited patient education on how to treat their disease and lack or limited application of selfmanagement plans. When transitioning to new technologies and MDIs, it is important that support is given to healthcare professionals and patients relying on MDIs, to not further deter and disconnect patients from the medicine they are reliant upon. It is important that patients are empowered and provided with opportunities to access patient education for a smooth transition to future MDIs. Amendment 140 Alexandr Vondra Proposal for a regulation Recital 11 a (new) Text proposed by the Commission Amendment (11 a) It should be emphasized that the use of technologies with no impact, or a lower impact, on the climate can have other significant drawbacks. Such technologies may make use of toxic, flammable or high-pressure substances, and therefore have significant disadvantages compared to technologies that use fluorinated greenhouse gases. It is therefore not a given that such technologies, which in theory have the potential to replace technologies based on fluorinated greenhouse gases, can serve as replacements in practice. Or. en Amendment 141 PE737.211v01-00 EN 74/334 PR\1265051EN.docx Bas Eickhout Proposal for a regulation Recital 11 a (new) Text proposed by the Commission Amendment (11 a) The shift towards the use of hydrofluorocarbon alternatives will lead to cost savings for undertakings as a result of avoided HFC quota purchase, and will spur green innovation and employment. Member States should however ensure a fair and just transition for the personnel employed by undertakings which will not succeed in the transition to natural alternatives, leaving no one behind. Or. en Amendment 142 Alexandr Vondra Proposal for a regulation Recital 12 Text proposed by the Commission (12) The existing prohibitions on specific uses of sulphur hexafluoride, the most climate damaging substance known, should be retained and be complemented by additional restrictions on the use in the critical sector of power distribution. Amendment (12) The existing prohibitions on specific uses of sulphur hexafluoride, the most climate damaging substance known, should be retained and be complemented by additional restrictions on the use in the critical sector of power distribution. It should be clarified that switchgear operators must be able to maintain and expand their existing installations in the manner required by the respective technology. Or. en Amendment 143 Gnther Sidl, Maria Arena Proposal for a regulation Recital 12 Text proposed by the Commission (12) The existing prohibitions on specific uses of sulphur hexafluoride, the most climate damaging substance known, should be retained Amendment (12) The existing prohibitions on specific uses of sulphur hexafluoride, the most climate damaging substance known, should be retained PR\1265051EN.docx 75/334 PE737.211v01-00 EN and be complemented by additional restrictions on the use in the critical sector of power distribution. and be complemented by additional restrictions leading to a complete phase out of the use in the critical sector of power distribution. Or. en Amendment 144 Nikolaj Villumsen Proposal for a regulation Recital 12 Text proposed by the Commission (12) The existing prohibitions on specific uses of sulphur hexafluoride, the most climate damaging substance known, should be retained and be complemented by additional restrictions on the use in the critical sector of power distribution. Amendment (12) The existing prohibitions on specific uses of sulphur hexafluoride, the most climate damaging substance known, should be retained and be complemented by additional restrictions on the use in the critical sector of power distribution, leading to its complete phase out. Or. en Amendment 145 Gnther Sidl, Maria Arena Proposal for a regulation Recital 12 a (new) Text proposed by the Commission Amendment (12 a) The acceleration in the market of air conditioning and heat pump equipment and technological turnover in refrigeration underscores the need to plan for training in Member States with the aim of ensuring certification programmes and training are sufficient to meet the Union's climate objectives. Or. en Amendment 146 Nikolaj Villumsen Proposal for a regulation Recital 12 a (new) PE737.211v01-00 EN 76/334 PR\1265051EN.docx Text proposed by the Commission Amendment (12 a) The acceleration in the market of air conditioning and heat pump equipment and the technological turnover in refrigeration, underscore the need for Member States to increase efforts to ensure certification programmes and training are sufficient to meet the Union's climate objectives. Or. en Amendment 147 Martin Hojsk, Michal Wiezik, Frdrique Ries Proposal for a regulation Recital 13 Text proposed by the Commission (13) Where suitable alternatives to the use of specific fluorinated greenhouse gases are available, bans should be introduced on the placing on the market of new equipment for refrigeration, airconditioning and fire protection that contains fluorinated greenhouse gases or whose functioning relies upon those gases. Where alternatives are not available or cannot be used for technical or safety reasons, or where the use of such alternatives would entail disproportionate costs, it should be possible for the Commission to authorise an exemption to allow the placing on the market of such products and equipment for a limited period. Amendment (13) Where suitable alternatives to the use of specific fluorinated greenhouse gases are available, bans should be introduced on the placing on the market of new equipment for refrigeration, airconditioning and fire protection that contains fluorinated greenhouse gases or whose functioning relies upon those gases. Where alternatives are not available or cannot be used for technical or safety reasons, or where the use of such alternatives would entail disproportionate costs, it should be possible for the Commission to authorise an exemption to allow the placing on the market of such products and equipment for a limited period. In order to ensure coherence with the communication of the Commission of 14 October 2020 entitled `Chemicals Strategy for Sustainability - Towards a Toxic-Free Environment' and with the comprehensive set of actions proposed to address the use of and contamination with per and polyfluoroalkoxy alkyl substances (PFAS), this Regulation should prevent regrettable substitution, inter alia, by not leading to the use of PFAS or gases that can degrade to PFAS. Or. en Amendment 148 Alexandr Vondra Proposal for a regulation PR\1265051EN.docx 77/334 PE737.211v01-00 EN Recital 13 Text proposed by the Commission (13) Where suitable alternatives to the use of specific fluorinated greenhouse gases are available, bans should be introduced on the placing on the market of new equipment for refrigeration, airconditioning and fire protection that contains fluorinated greenhouse gases or whose functioning relies upon those gases. Where alternatives are not available or cannot be used for technical or safety reasons, or where the use of such alternatives would entail disproportionate costs, it should be possible for the Commission to authorise an exemption to allow the placing on the market of such products and equipment for a limited period. Amendment (13) Where suitable alternatives to the use of specific fluorinated greenhouse gases are available, bans should be introduced on the placing on the market of new equipment for refrigeration, airconditioning and fire protection that contains fluorinated greenhouse gases or whose functioning relies upon those gases. Where alternatives are not available or cannot be used for technical, practical, economical or safety reasons, it should be possible for the Commission to authorise an exemption to allow the placing on the market of such products and equipment. Or. en Amendment 149 Gnther Sidl, Maria Arena Proposal for a regulation Recital 13 Text proposed by the Commission (13) Where suitable alternatives to the use of specific fluorinated greenhouse gases are available, bans should be introduced on the placing on the market of new equipment for refrigeration, airconditioning and fire protection that contains fluorinated greenhouse gases or whose functioning relies upon those gases. Where alternatives are not available or cannot be used for technical or safety reasons, or where the use of such alternatives would entail disproportionate costs, it should be possible for the Commission to authorise an exemption to allow the placing on the market of such products and equipment for a limited period. Amendment (13) Where suitable alternatives to the use of fluorinated greenhouse gases are available, bans should be introduced on the placing on the market of new equipment for refrigeration, airconditioning, foams, technical aerosols and fire protection that contains fluorinated greenhouse gases or whose functioning relies upon those gases. Where alternatives are not available or cannot be used for technical or safety reasons, or where the use of such alternatives would entail disproportionate costs, it should be possible for the Commission to authorise an exemption to allow the placing on the market of such products and equipment for a limited period. Or. en Amendment 150 Nikolaj Villumsen Proposal for a regulation Recital 13 a (new) PE737.211v01-00 EN 78/334 PR\1265051EN.docx Text proposed by the Commission Amendment (13 a) The Commission recognises, in its communication of 14 October 2020, entitled "Chemical Strategy for Sustainability Towards a Toxic-Free Environment" that per- and polyfluoroalkyl substances (PFAS) require special attention, considering the large number of cases of contamination of soil and water - including drinking water - in the EU and globally, the number of people affected with a full spectrum of illnesses and the related societal and economic costs, and states the aim that the use of PFAS is phased out in the EU, unless it is proven essential for society. In order to ensure coherence with Union policy and a high level of protection of human health and the environment, and given the availability of non-toxic alternatives, the use of fluorinated greenhouse gases that are also PFAS, whose production produces PFAS or otherwise decomposes into PFAS, should not be encouraged by this regulation. Or. en Amendment 151 Gnther Sidl, Maria Arena Proposal for a regulation Recital 13 a (new) Text proposed by the Commission PR\1265051EN.docx Amendment (13 a) The Commission recognises, in its communication of 14 October 2020, entitled "Chemicals Strategy for Sustainability Towards a Toxic-Free Environment" that per- and polyfluoroalkyl substances (PFAS) require special attention, considering the large number of cases of contamination of soil and water - including drinking water - in the EU and globally, the number of people affected with a full spectrum of illnesses and the related societal and economic costs. In order to ensure coherence with Union policy and a high level of protection of human health and the environment, and given the availability of non-toxic alternatives, the use of fluorinated greenhouse gases that are also PFAS, whose production produces PFAS or otherwise decomposes into PFAS, should not be encouraged by this Regulation. 79/334 PE737.211v01-00 EN Or. en Amendment 152 Alexandr Vondra Proposal for a regulation Recital 13 a (new) Text proposed by the Commission Amendment (13 a) When examining whether or not there are alternatives to the use of specific fluorinated greenhouse gases, the Commission should not only consider whether a technical alternative exists, but also consider that alternative as broadly as possible. The Commission should therefore consider, among other things, whether the alternative is economically viable and whether the alternative can be widely deployed for practical reasons. In particular, the Commission should take into account the situation of small and medium- sized enterprises (SMEs) when assessing whether an alternative can realistically be applied. The Commission should also be able to provide for exceptions applicable to SMEs. Or. en Amendment 153 Pernille Weiss Proposal for a regulation Recital 13 a (new) Text proposed by the Commission Amendment (13 a) The smooth transition of Metered-DoseInhalers (MDIs) to low global warming potential propellants should be incentivised. Low GWP hydrofluorocarbons used for medical applications should be exempted from the scope of this regulation in order to ensure availability for patients while contributing to the achievement of EU and global climate objectives. Or. en Amendment 154 PE737.211v01-00 EN 80/334 PR\1265051EN.docx Alessandra Moretti Proposal for a regulation Recital 13 a (new) Text proposed by the Commission Amendment (13 a) In order to ensure coherence with Union policy and a high level of protection of human health and the environment, and given the availability of non-toxic alternatives, the use of fluorinated greenhouse gases that are also PFAS, whose production produces PFAS or decompose into PFAS should be prohibited. Or. en Amendment 155 Stelios Kympouropoulos, Dolors Montserrat, Dan-tefan Motreanu, Bartosz Arlukowicz, Pernille Weiss, Sara Skyttedal Proposal for a regulation Recital 13 a (new) Text proposed by the Commission Amendment (13 a) The Commission shall work in close cooperation with the European Medicines Agency to coordinate a smooth approval process in respect of fluorinated substances and alternatives for medical use, so that all environmental and health aspects are taken into account. Or. en Amendment 156 Pietro Fiocchi, Nicola Procaccini Proposal for a regulation Recital 13 a (new) Text proposed by the Commission PR\1265051EN.docx Amendment (13 a) The Commission should work in close cooperation with the European Medicines Agency to coordinate a smooth approval process in respect of fluorinated substances and alternatives for medical use, so that all environmental and health aspects are taken into account. 81/334 PE737.211v01-00 EN Or. en Amendment 157 Gnther Sidl, Maria Arena Proposal for a regulation Recital 13 b (new) Text proposed by the Commission Amendment (13 b) The Commission should request the European standardisation organisations to develop and update relevant harmonised standards to ensure the smooth implementation of the restrictions on placing on the market laid down in this Regulation. Member States should ensure that national standards and building codes are updated to reflect the allowable charge limits of flammable refrigerants, including IEC 60335-289 and IEC 60335-2-40 and should report on their efforts to that end and any exceptions to their update. Or. en Amendment 158 Gnther Sidl, Maria Arena Proposal for a regulation Recital 13 c (new) Text proposed by the Commission Amendment (13 c) The Commission should work in close cooperation with the European Medicines Agency to coordinate a smooth approval process in respect of fluorinated substances and alternatives for medical use, so that all environmental and health aspects are taken into account. Or. en Amendment 159 Gnther Sidl, Maria Arena Proposal for a regulation Recital 15 PE737.211v01-00 EN 82/334 PR\1265051EN.docx Text proposed by the Commission (15) Non-refillable containers for ozone depleting substances, should be banned, considering that an amount of refrigerant inevitably remains in these containers when emptied, which is then released into the atmosphere. In this respect, this Regulation should prohibit their import, placing on the market, subsequent supply or making available on the market, use unless for laboratory and analytical uses, and their export. Amendment (15) Non-refillable containers of fluorinated greenhouse gases, should be banned, considering that an amount of refrigerant inevitably remains in these containers when emptied, which is then released into the atmosphere. In this respect, this Regulation should prohibit their import, placing on the market, subsequent supply or making available on the market, use unless for laboratory and analytical uses, and their export. Containers of fluorinated gases should be labelled with information on arrangements for their return for refilling. Or. en Amendment 160 Bas Eickhout Proposal for a regulation Recital 15 Text proposed by the Commission (15) Non-refillable containers for ozone depleting substances, should be banned, considering that an amount of refrigerant inevitably remains in these containers when emptied, which is then released into the atmosphere. In this respect, this Regulation should prohibit their import, placing on the market, subsequent supply or making available on the market, use unless for laboratory and analytical uses, and their export. Amendment (15) Non-refillable containers for ozone depleting substances, should be banned, considering that an amount of refrigerant inevitably remains in these containers when emptied, which is then released into the atmosphere. In this respect, this Regulation should prohibit their import, placing on the market, subsequent supply or making available on the market, use unless for laboratory and analytical uses, and their export. To prevent refillable containers from not being refilled and being discarding instead, undertakings should be required to produce a declaration of conformity including evidence on the arrangements for the return for the purpose of refilling when placing on the market refillable containers. Or. en Amendment 161 Nikolaj Villumsen Proposal for a regulation Recital 15 a (new) PR\1265051EN.docx 83/334 PE737.211v01-00 EN Text proposed by the Commission Amendment (15 a) As third countries, particularly developing ones, might not have stringent recovery obligations for fluorinated greenhouse gases nor have the appropriate infrastructure to manage those gases at the end of life, exports of products and equipment containing fluorinated gases from the Union to third countries could result in the release of those gases into the atmosphere or into the environment especially where PFAS are concerned, when the products and equipment are discarded. As part of its global efforts to mitigate climate change, the Union should not permit the export of at least the most potent hydrofluorocarbons or of fluorinated greenhouse gases that are also PFAS or otherwise decompose into PFAS. Or. en Amendment 162 Gnther Sidl, Maria Arena Proposal for a regulation Recital 15 a (new) Text proposed by the Commission Amendment (15 a) As third countries, particularly developing ones, might not have stringent recovery obligations for fluorinated greenhouse gases nor have the appropriate infrastructure to manage those gases at the end of life, exports of products and equipment containing fluorinated greenhouse gases and of containers of those gases from the Union to third countries could result in the release of those gases into the atmosphere when the products and equipment are discarded. As part of its global efforts to mitigate climate change, the Union should not permit the export of at least the most potenthy drofluorocarbons. Or. en Amendment 163 Stanislav Polck Proposal for a regulation Recital 17 PE737.211v01-00 EN 84/334 PR\1265051EN.docx Text proposed by the Commission (17) Za celem provdn protokolu, vcetn postupnho snizovn mnozstv HFC, by Komise i nadle mla jednotlivm vrobcm a dovozcm pidlovat kvty pro uvdn HFC na trh a zajistit, aby nebyl pekrocen celkov mnozstevn limit povolen podle protokolu. V zjmu ochrany integrity postupnho snizovn mnozstv HFC uvdnch na trh by se HFC obsazen v zazen mly i nadle zapoctvat do systmu kvt. Amendment (17) Za celem provdn protokolu, vcetn postupnho snizovn mnozstv HFC, by Komise i nadle mla jednotlivm vrobcm a dovozcm pidlovat kvty pro uvdn HFC na trh a zajistit, aby nebyl pekrocen celkov mnozstevn limit povolen podle protokolu. V zjmu zachovn integrity postupnho snizovn mnozstv HFC uvdnch na trh by se HFC obsazen v zazen mly i nadle zapoctvat do systmu kvt. V zjmu ochrany integrity postupnho snizovn mnozstv HFC uvdnch na trh by se HFC obsazen v zazen mly i nadle zapoctvat do systmu kvt. Or. cs Amendment 164 Stanislav Polck Proposal for a regulation Recital 18 Text proposed by the Commission (18) Pvodn byl vpocet referencnch hodnot a pidlen kvt jednotlivm vrobcm a dovozcm zalozen na mnozstv HFC, kter nahlsili jako uveden na trh v referencnm obdob 2009-2012. Aby vsak podniky nebyly vylouceny ze vstupu na trh nebo z rozsiovn jejich cinnosti, mla by bt mens cst celkovho maximlnho mnozstv vyhrazena pro dovozce a vrobce, kte HFC na trh dve neuvdli, a pro dovozce a vrobce s referencn hodnotou, kte chtj zvsit sv pidlen kvty. Amendment (18) Pvodn byl vpocet referencnch hodnot a pidlen kvt jednotlivm vrobcm a dovozcm zalozen na mnozstv HFC, kter nahlsili jako uveden na trh v referencnm obdob 2009-2012. Aby vsak podniky nebyly vylouceny ze vstupu na trh nebo z rozsiovn sv cinnosti, mla by bt mens cst celkovho maximlnho mnozstv vyhrazena pro dovozce a vrobce, kte HFC na trh dve neuvdli, a pro dovozce a vrobce s referencn hodnotou, kte chtj zvsit sv pidlen kvty. Or. cs Amendment 165 Ondej Knotek, Andreas Glck, Frdrique Ries, Emma Wiesner, Susana Sols Prez, Billy Kelleher Proposal for a regulation Recital 18 a (new) Text proposed by the Commission Amendment (18 a) Metered Dose Inhalers (MDIs) are life- PR\1265051EN.docx 85/334 PE737.211v01-00 EN saving medicines for patients suffering from asthma and chronic obstructive pulmonary disease. To avoid any shortages and ensure a smooth transition to safe, accessible and affordable alternatives, the European Commission, the European Medicine Agency and the Health Emergency Preparedness and Response Authority together with patient associations and healthcare professionals' organisations shall work closely together. Or. en Amendment 166 Gnther Sidl, Maria Arena Proposal for a regulation Recital 20 Text proposed by the Commission (20) Considering the market value of the allocated quota, it is appropriate to claim a price for its allocation. This avoids a further fragmentation of the market to the detriment of those undertakings that are in need of the HFC supply and already dependent on HFC trade in the declining market. It is assumed that undertakings that decide not to claim and pay any quota, for which they would be entitled in the year(s) prior to the calculation of reference values, have decided to leave the market and thus they do not get a new reference value. The revenue should be used to cover administrative costs. Amendment (20) Considering the market value of the allocated quota, it is appropriate to claim a price for its allocation. That price should increase over time in order to provide a stable revenue stream. This avoids a further fragmentation of the market to the detriment of those undertakings that are in need of the HFC supply and already dependent on HFC trade in the declining market. It is assumed that undertakings that decide not to claim and pay any quota, for which they would be entitled in the year(s) prior to the calculation of reference values, have decided to leave the market and thus they do not get a new reference value. The revenue should be used to cover administrative costs and allow for additional investments in Member States to stimulate the training and uptake of natural refrigerants and measures to prevent illegal HFC trade. Or. en Amendment 167 Martin Hojsk, Michal Wiezik Proposal for a regulation Recital 20 Text proposed by the Commission Amendment PE737.211v01-00 EN 86/334 PR\1265051EN.docx (20) Considering the market value of the allocated quota, it is appropriate to claim a price for its allocation. This avoids a further fragmentation of the market to the detriment of those undertakings that are in need of the HFC supply and already dependent on HFC trade in the declining market. It is assumed that undertakings that decide not to claim and pay any quota, for which they would be entitled in the year(s) prior to the calculation of reference values, have decided to leave the market and thus they do not get a new reference value. The revenue should be used to cover administrative costs. (20) Considering the market value of the allocated quota, it is appropriate to claim a price for its allocation. This avoids a further fragmentation of the market to the detriment of those undertakings that are in need of the HFC supply and already dependent on HFC trade in the declining market. It is assumed that undertakings that decide not to claim and pay any quota, for which they would be entitled in the year(s) prior to the calculation of reference values, have decided to leave the market and thus they do not get a new reference value. The revenue should be used to cover administrative costs, enforcement efforts of the Member states, training and other measures to prevent illegal HFC trade and to ensure uptake of safe alternatives. Or. en Amendment 168 Ondej Knotek, Emma Wiesner, Billy Kelleher Proposal for a regulation Recital 20 Text proposed by the Commission (20) Considering the market value of the allocated quota, it is appropriate to claim a price for its allocation. This avoids a further fragmentation of the market to the detriment of those undertakings that are in need of the HFC supply and already dependent on HFC trade in the declining market. It is assumed that undertakings that decide not to claim and pay any quota, for which they would be entitled in the year(s) prior to the calculation of reference values, have decided to leave the market and thus they do not get a new reference value. The revenue should be used to cover administrative costs. Amendment (20) Considering the market value of the allocated quota, it is appropriate to claim a price for its allocation. This avoids a further fragmentation of the market to the detriment of those undertakings that are in need of the HFC supply and already dependent on HFC trade in the declining market. It is assumed that undertakings that decide not to claim and pay any quota, for which they would be entitled in the year(s) prior to the calculation of reference values, have decided to leave the market and thus they do not get a new reference value. The revenue should be used to cover administrative costs. Any remaining revenue should be allocated to Horizon Europe Fund to incentivise the development of alternatives to HFCs. Or. en Justification Revenues generated by the new quota fee shall first cover the administrative costs. Once administrative costs are covered and if revenues remain, these revenues shall be allocated to Horizon Europe to stimulate the development of alternatives to HFCs. PR\1265051EN.docx 87/334 PE737.211v01-00 EN Amendment 169 Alessandra Moretti Proposal for a regulation Recital 21 a (new) Text proposed by the Commission Amendment (21 a) The removal of the exemption for metered dose inhalers provides an incentive for the pharmaceutical sector to continue with the transition to low-GWP solutions. This incentive must be strengthened by removing low-GWP gases with medical uses from the scope of this regulation. Ensuring continued patient access to life-saving medicines should remain the imperative. Safeguards need to be put in place to pre-empt any shortage of such medicines and unintended consequence on public health; Or. en Amendment 170 Alessandra Moretti Proposal for a regulation Recital 21 b (new) Text proposed by the Commission Amendment (21 b) MDIs are subject to rigorous regulatory assessment and requirements for research and development of alternatives to current HFCs, including highly regulated clinical studies to ensure patient safety. The length of these regulatory processes varies per product and per jurisdiction. Cooperation and exchange of the necessary information between the European Commission, Member State competent authorities and the European Medicines Agency is therefore extremely important for ensuring that the transition to low-GWP medical dose inhalers moves forward without endangering public health. Or. en Amendment 171 PE737.211v01-00 EN 88/334 PR\1265051EN.docx Gnther Sidl, Maria Arena Proposal for a regulation Recital 24 a (new) Text proposed by the Commission Amendment (24 a) The Commission should work in close cooperation with the European Medicines Agency to coordinate a smooth approval process in respect of fluorinated substances and alternatives for medical use, so that all environmental and health aspects are taken into account. Or. en Amendment 172 Stanislav Polck Proposal for a regulation Recital 25 Text proposed by the Commission (25) Aby bylo zajistno, ze zprvy o vznamnch mnozstvch ltek jsou pesn a ze mnozstv HFC obsazen v pedem naplnnch zazench jsou zapoctna do systmu kvt Unie, mlo by bt vyzadovno oven tet stranou. Amendment (25) Aby bylo zajistno, ze zprvy o vznamnch mnozstvch ltek jsou pesn a ze mnozstv HFC obsazen v pedem naplnnch zazench jsou zapoctna do systmu kvt Unie, mlo by bt vyzadovno oven nezvislou tet stranou. Or. cs Amendment 173 Alexandr Vondra Proposal for a regulation Recital 26 a (new) Text proposed by the Commission PR\1265051EN.docx Amendment (26 a) It makes no sense to accelerate the reduction of emissions of fluorinated greenhouse gases if this leads to an increase in illegal imports of fluorinated greenhouse gases. This regulation should therefore contribute not only to reducing the emissions of fluorinated greenhouse gases, but also to ensure that the illegal import of fluorinated greenhouse gases is prevented. 89/334 PE737.211v01-00 EN Or. en Amendment 174 Martin Hojsk, Michal Wiezik Proposal for a regulation Recital 28 a (new) Text proposed by the Commission Amendment (28 a) The European Union should in line with its aim to lead the global effort to tackle climate change and with its promises to not to export its environmental footprint outside its borders, particularly to developing states without sufficient infrastructure, limit the export of the most potent hydrofluorocarbons. The limit would furthermore incentivise European production of sustainable and safe alternatives. Or. en Amendment 175 Alexandr Vondra Proposal for a regulation Recital 29 Text proposed by the Commission (29) Member States should ensure that customs authorities carrying out controls under this Regulation have the appropriate resources and knowledge, for example via training made available to them, and are sufficiently equipped in view of addressing cases of illegal trade of the gases and products and equipment covered by this Regulation. Member States should designate those customs offices that meet those conditions and are therefore mandated to carry out customs controls on imports, exports and in cases of transit. Amendment (29) Member States should ensure that customs authorities carrying out controls under this Regulation have the appropriate resources and knowledge, for example via training made available to them, and are sufficiently equipped in view of addressing cases of illegal trade of the gases and products and equipment covered by this Regulation. Or. en Amendment 176 Stanislav Polck PE737.211v01-00 EN 90/334 PR\1265051EN.docx Proposal for a regulation Recital 32 Text proposed by the Commission (32) Dovoz a vvoz HFC, jakoz i vrobk a zazen, kter obsahuj HFC nebo jejichz provoz je na tchto plynech zvisl, z urcitho sttu, kter nen smluvn stranou protokolu, a do tohoto sttu, by ml bt od roku 2028 zakzn. Soubzn zkaz stanoven v protokolu od roku 2033 byl tedy posunut, aby bylo zajistno, ze globln opaten ke snzen HFC obsazen v kigalsk zmn budou mt co nejdve pedpokldan pnos pro klima. Amendment (32) Dovoz a vvoz HFC, jakoz i vrobk a zazen, kter obsahuj HFC nebo jejichz provoz je na tchto plynech zvisl, z urcitho sttu, kter nen smluvn stranou protokolu, a do tohoto sttu, by ml bt od roku 2028 zakzn. Protokol stanov tento zkaz od roku 2033, celem jeho dvjsho uplatnn je zajistit, ze globln opaten ke snzen HFC obsazen v kigalsk zmn budou mt co nejdve pedpokldan pnos pro klima. Or. cs Amendment 177 Stanislav Polck Proposal for a regulation Recital 34 Text proposed by the Commission (34) Je rovnz nezbytn stanovit sprvn sankce na takov rovni a takovho druhu, kter skutecn odrad od porusovn tohoto nazen. Amendment (34) Je rovnz nezbytn stanovit sprvn sankce na takov rovni a takovho druhu, kter conn odrad od porusovn tohoto nazen. Or. cs Amendment 178 Alexandr Vondra Proposal for a regulation Recital 34 a (new) Text proposed by the Commission PR\1265051EN.docx Amendment (34 a) Without prejudice to the competences and sovereignty of the Member States, sanctions should be as coherent as possible. The Commission should therefore map out the differences in sanctions between Member States every four years and submit a report to the European Parliament and to the Council. Or. en 91/334 PE737.211v01-00 EN Amendment 179 Alexandr Vondra Proposal for a regulation Recital 35 Text proposed by the Commission (35) Serious infringements of this Regulation should also be prosecuted under criminal law, in accordance with Directive 2008/99/EC of the European Parliament and of the Council.34 _________________ 34 Directive 2008/99/EC of the European Parliament and of the Council of 19 November 2008 on the protection of the environment through criminal law (OJ L 328, 6.12.2008, p. 28). Amendment (35) Infringements of this Regulation should, where appropriate, also be prosecuted under criminal law, in accordance with Directive 2008/99/EC of the European Parliament and of the Council.34 _________________ 34 Directive 2008/99/EC of the European Parliament and of the Council of 19 November 2008 on the protection of the environment through criminal law (OJ L 328, 6.12.2008, p. 28). Or. en Amendment 180 Alexandr Vondra Proposal for a regulation Recital 36 Text proposed by the Commission (36) Competent authorities of the Member States, including their environmental authorities, market surveillance and customs authorities, should carry out checks, on a risk-based approach, in order to ensure compliance with all provisions of this Regulation. Such approach is necessary in order to target the activities representing the highest risk of illegal trade or unlawful release of fluorinated greenhouse gases covered by this Regulation. In addition, competent authorities should carry out checks when in possession of evidence or other relevant information on potential cases of non-compliance. Where relevant and to the extent possible, such information should be communicated to customs authorities in order to proceed to a risk analysis prior to controls, in accordance with Article 47 of Regulation (EU) 952/2013 of the European Parliament and of the Council.35 It is important to ensure that competent authorities responsible for following up the issuing of penalties are informed when cases of Amendment (36) Competent authorities of the Member States, including their environmental authorities, market surveillance, judicial and customs authorities, should carry out checks, on a riskbased approach, in order to ensure compliance with all provisions of this Regulation. Such approach is necessary in order to target illegal trade or unlawful release of fluorinated greenhouse gases covered by this Regulation. In addition, competent authorities should carry out checks when in possession of evidence or other relevant information on potential cases of noncompliance. Where relevant and to the extent possible, such information should be communicated to customs authorities in order to proceed to a risk analysis prior to controls, in accordance with Article 47 of Regulation (EU) 952/2013 of the European Parliament and of the Council.35 It is important to ensure that competent authorities responsible for following up the issuing of penalties are informed when cases of PE737.211v01-00 EN 92/334 PR\1265051EN.docx infringements of this Regulation have been established by other competent authorities. _________________ 35 Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (OJ L 269, 10.10.2013, p. 1). infringements of this Regulation have been established by other competent authorities. _________________ 35 Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (OJ L 269, 10.10.2013, p. 1). Or. en Amendment 181 Stanislav Polck Proposal for a regulation Recital 37 Text proposed by the Commission (37) Oznamovatel mohou upozornit pslusn orgny na nov informace, kter mohou pomoci pslusnm orgnm odhalit porusen tohoto nazen a umoznit jim ukldat sankce. Mlo by bt zajistno, ze budou zavedena odpovdajc opaten, kter oznamovatelm umozn upozornit pslusn orgny na skutecn nebo mozn porusen tohoto nazen a budou chrnit oznamovatele ped odvetnmi opatenmi. Za tmto celem by mlo bt v tomto nazen stanoveno, ze smrnice Evropskho parlamentu a Rady (EU) 2019/193736 se vztahuje na oznamovn porusen tohoto nazen a na ochranu osob oznamujcch tato porusen. _________________ 36 Smrnice Evropskho parlamentu a Rady (EU) 2019/1937 ze dne 23. jna 2019 o ochran osob, kter oznamuj porusen prva Unie (. vst. L 305, 26.11.2019, s. 17). Amendment (37) Oznamovatel mohou upozornit pslusn orgny na nov informace, kter mohou pomoci pslusnm orgnm odhalit porusen tohoto nazen a umoznit jim ukldat sankce. Mlo by bt zajistno, ze budou zavedena odpovdajc opaten, kter oznamovatelm umozn upozornit pslusn orgny na skutecn nebo mozn porusen tohoto nazen a budou cinn chrnit oznamovatele ped odvetnmi opatenmi. Za tmto celem by mlo bt v tomto nazen stanoveno, ze smrnice Evropskho parlamentu a Rady (EU) 2019/193736 se vztahuje na oznamovn porusen tohoto nazen a na ochranu osob oznamujcch tato porusen. _________________ 36 Smrnice Evropskho parlamentu a Rady (EU) 2019/1937 ze dne 23. jna 2019 o ochran osob, kter oznamuj porusen prva Unie (. vst. L 305, 26.11.2019, s. 17). Or. cs Amendment 182 Martin Hojsk, Michal Wiezik, Frdrique Ries Proposal for a regulation Recital 37 a (new) Text proposed by the Commission PR\1265051EN.docx 93/334 Amendment PE737.211v01-00 EN (37 a) The Commission's 2020 Communication on "Improving access to justice in environmental matters in the EU and its Member States" of 14 October 2020 underlined the need to include provisions on access to justice in the new legislative proposals or revised EU law concerning environmental matters. This Regulation includes provisions on access to justice to ensure equal conditions for access to justice in the member States in line with the Convention on Access to Information, Public Participation in Decisionmaking and Access to Justice in Environmental Matters (the "Aarhus Convention"). Or. en Amendment 183 Ondej Knotek, Andreas Glck, Frdrique Ries, Emma Wiesner, Billy Kelleher, Michal Wiezik Proposal for a regulation Recital 39 Text proposed by the Commission Amendment (39) In implementing this Regulation, the Commission should establish a so-called Consultation Forum to ensure a balanced participation of Member States' representatives and representatives of civil society, including environmental organisations, representatives of manufacturers, operators and certified persons. (39) The Commission should establish a socalled Consultation Forum to facilitate the implementation of this Regulation. The Consultation Forum shall ensure a balanced participation of Member States' representatives and of all relevant stakeholders including representatives of environmental organisations, patient associations and healthcare professionals' organisations, representatives of manufacturers, operators and certified persons. Or. en Justification Given the impact of the Commission's proposal might have on patients, patient's associations and healthcare professionals should be represented at the Consultation Forum. Amendment 184 Stelios Kympouropoulos, Dolors Montserrat, Dan-tefan Motreanu, Bartosz Arlukowicz, Pernille Weiss, Sara Skyttedal Proposal for a regulation Recital 39 PE737.211v01-00 EN 94/334 PR\1265051EN.docx Text proposed by the Commission (39) In implementing this Regulation, the Commission should establish a so-called Consultation Forum to ensure a balanced participation of Member States' representatives and representatives of civil society, including environmental organisations, representatives of manufacturers, operators and certified persons. Amendment (39) In implementing this Regulation, the Commission should establish a so-called Consultation Forum to ensure a balanced participation of Member States' representatives and representatives of civil society, including environmental organisations, public health organisations, representatives of manufacturers, operators and certified persons. Or. en Amendment 185 Nikolaj Villumsen Proposal for a regulation Recital 39 Text proposed by the Commission (39) In implementing this Regulation, the Commission should establish a so-called Consultation Forum to ensure a balanced participation of Member States' representatives and representatives of civil society, including environmental organisations, representatives of manufacturers, operators and certified persons. Amendment (39) In implementing this Regulation, the Commission should establish a so-called Consultation Forum to ensure a balanced participation of Member States' representatives and representatives of civil society, including environmental and consumers' organisations, representatives of manufacturers, operators and certified persons. Or. en Amendment 186 Danilo Oscar Lancini Proposal for a regulation Recital 39 Text proposed by the Commission (39) In implementing this Regulation, the Commission should establish a so-called Consultation Forum to ensure a balanced participation of Member States' representatives and representatives of civil society, including environmental organisations, representatives of manufacturers, operators and certified persons. Amendment (39) In implementing this Regulation, the Commission should establish a so-called Consultation Forum to ensure a balanced participation of Member States' representatives and representatives of civil society, public health organisations, representatives of manufacturers, operators and certified persons. Or. en PR\1265051EN.docx 95/334 PE737.211v01-00 EN Amendment 187 Stanislav Polck Proposal for a regulation Recital 39 Text proposed by the Commission (39) Pi provdn tohoto nazen by Komise mla zdit tzv. konzultacn frum s clem zajistit vyvzenou cast zstupc clenskch stt a zstupc obcansk spolecnosti, vcetn organizac na ochranu zivotnho prosted, zstupc vrobc, provozovatel a certifikovanch osob. Amendment 188 Alexandr Vondra Proposal for a regulation Recital 39 a (new) Text proposed by the Commission Amendment (39) Pi provdn tohoto nazen by Komise mla zdit tzv. konzultacn frum s clem zajistit vyvzenou cast zstupc clenskch stt, vrobc, provozovatel, certifikovanch osob a obcansk spolecnosti,vcetn organizac na ochranu zivotnho prosted. Or. cs Amendment (39 a) As one aim of this Regulation is to contribute to the climate goals of the Union, its efficiency and effects should be regulary reviewed by the Commission, in order not to hinder the application of technologies that have the potential to eliminate even more GHGs. Demand for F-gases may for example increase as the Union has to rely on batteries in order to accomplish its shift to electric vehicles. Batteries may also be needed for the storage of renewable energy. This Regulation should not hinder such developments, as that could contribute to higher GHG emissions in the Union. Therefore, the Commission should, from 2027 and every two years thereafter, present a report to the European Parliament and to the Council on the effects of this Regulation. That report should, in particular, focus on the hindrance this Regulation may cause to the implementation of other green technologies, as well as the impact of this Regulation on the industry and end-users, in particular SMEs. Or. en PE737.211v01-00 EN 96/334 PR\1265051EN.docx Amendment 189 Gnther Sidl, Maria Arena Proposal for a regulation Recital 39 a (new) Text proposed by the Commission Amendment (39 a) In its Communication of 14 October 2020 entitled "Improving access to justice in environmental matters in the EU and its Member States", the Commission recognised that access to justice in environmental matters is not guaranteed in all Member States and called on the Council and the European Parliament to introduce explicit access to justice provisions in new and revised EU laws concerning environmental matters. This Regulation contains provisions which create equal conditions of access across the Union to national courts for members of the public who find that their public authorities are not incompliance with the obligations arising from it, in line with the Convention on Access to Information, Public Participation in Decisionmaking and Access to Justice in Environmental Matters (the "Aarhus Convention"). Or. en Amendment 190 Danilo Oscar Lancini Proposal for a regulation Recital 41 Text proposed by the Commission (41) In order to amend certain non-essential elements of this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union (`TFEU') should be delegated to the Commission in respect of the establishment of a list of products and equipment for which the recovery of gases or their destruction is technically and economically feasible and the specification of the technologies to be applied; labelling requirements; the exclusion from quota requirements of HFCs in accordance with decisions of the Parties to the Protocol; concerning the amounts due for the allocation of quota and the mechanism to allocate remaining quotas; additional measures for the monitoring of substances and of products and equipment placed Amendment (41) In order to amend certain non-essential elements of this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union (`TFEU') should be delegated to the Commission in respect of the establishment of a list of products and equipment for which the recovery of gases or their destruction is technically and economically feasible and the specification of the technologies to be applied; labelling requirements; the exclusion from quota requirements of HFCs in accordance with decisions of the Parties to the Protocol; concerning the amounts due for the allocation of quota and the mechanism to allocate remaining quotas; additional measures for the monitoring of substances and of products and equipment placed PR\1265051EN.docx 97/334 PE737.211v01-00 EN under temporary storage and customs procedures; the rules applicable to the release for free circulation of products and equipment imported from and exported to any entity not covered by the Protocol; the update of global warming potentials of listed substances. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level and that those consultations be conducted in accordance with the principles laid down in the Inter-institutional Agreement of 13 April 2016 on Better LawMaking38 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. _________________ 38 OJ L 123, 12.5.2016, p. 1. under temporary storage and customs procedures; the rules applicable to the release for free circulation of products and equipment imported from and exported to any entity not covered by the Protocol; the update of global warming potentials of listed substances. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, in particular consultation with the Consultation Forum as set up according to Article 33 of this Regulation, including at expert level and that those consultations be conducted in accordance with the principles laid down in the Inter-institutional Agreement of 13 April 2016 on Better LawMaking38 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. _________________ 38 OJ L 123, 12.5.2016, p. 1. Or. en Amendment 191 Stelios Kympouropoulos, Dolors Montserrat, Dan-tefan Motreanu, Bartosz Arlukowicz, Pernille Weiss, Sara Skyttedal Proposal for a regulation Recital 41 Text proposed by the Commission Amendment (41) In order to amend certain non-essential elements of this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union (`TFEU') should be delegated to the Commission in respect of the establishment of a list of products and equipment for which the recovery of gases or their destruction is technically and economically feasible and the specification of the technologies to be applied; labelling requirements; the exclusion from quota requirements of HFCs in accordance with decisions of the Parties to the Protocol; concerning the amounts due for the allocation of quota and the mechanism to allocate remaining quotas; additional measures for the monitoring of substances and of products and equipment placed under temporary storage and customs procedures; (41) In order to amend certain non-essential elements of this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union (`TFEU') should be delegated to the Commission in respect of the establishment of a list of products and equipment for which the recovery of gases or their destruction is technically and economically feasible and the specification of the technologies to be applied; labelling requirements; the exclusion from quota requirements of HFCs in accordance with decisions of the Parties to the Protocol; concerning the amounts due for the allocation of quota and the mechanism to allocate remaining quotas; additional measures for the monitoring of substances and of products and equipment placed under temporary storage and customs procedures; PE737.211v01-00 98/334 PR\1265051EN.docx EN the rules applicable to the release for free circulation of products and equipment imported from and exported to any entity not covered by the Protocol; the update of global warming potentials of listed substances. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level and that those consultations be conducted in accordance with the principles laid down in the Inter-institutional Agreement of 13 April 2016 on Better LawMaking38 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. _________________ 38 OJ L 123, 12.5.2016, p. 1. the rules applicable to the release for free circulation of products and equipment imported from and exported to any entity not covered by the Protocol; the update of global warming potentials of listed substances. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, in particular consultation with the Consultation Forum as set up according to Article 33 of this Regulation, including at expert level and that those consultations be conducted in accordance with the principles laid down in the Inter-institutional Agreement of 13 April 2016 on Better LawMaking38 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. _________________ 38 OJ L 123, 12.5.2016, p. 1. Or. en Justification Given the setting up of a Consultation Forum within the scope of this Regulation for the purpose of providing advice and expertise, it is natural that when looking at adopting new delegated acts, the Commission takes into account also the advice of the Consultation Forum for the purpose of sound information and transparency. Amendment 192 Ondej Knotek, Andreas Glck, Emma Wiesner, Billy Kelleher Proposal for a regulation Recital 41 Text proposed by the Commission Amendment (41) In order to amend certain non-essential elements of this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union (`TFEU') should be delegated to the Commission in respect of the establishment of a list of products and equipment for which the recovery of gases or their destruction is technically and economically feasible and the specification of the technologies to be applied; labelling requirements; the exclusion from quota requirements of HFCs in accordance with decisions of the Parties to the Protocol; concerning the amounts due for the allocation of quota and (41) In order to amend certain non-essential elements of this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union (`TFEU') should be delegated to the Commission in respect of the establishment of a list of products and equipment for which the recovery of gases or their destruction is technically and economically feasible and the specification of the technologies to be applied; labelling requirements; the exclusion from quota requirements of HFCs in accordance with decisions of the Parties to the Protocol; concerning the amounts due for the allocation of quota and PR\1265051EN.docx 99/334 PE737.211v01-00 EN the mechanism to allocate remaining quotas; additional measures for the monitoring of substances and of products and equipment placed under temporary storage and customs procedures; the rules applicable to the release for free circulation of products and equipment imported from and exported to any entity not covered by the Protocol; the update of global warming potentials of listed substances. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level and that those consultations be conducted in accordance with the principles laid down in the Inter-institutional Agreement of 13 April 2016 on Better LawMaking38 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. _________________ 38 OJ L 123, 12.5.2016, p. 1. the mechanism to allocate remaining quotas; additional measures for the monitoring of substances and of products and equipment placed under temporary storage and customs procedures; the rules applicable to the release for free circulation of products and equipment imported from and exported to any entity not covered by the Protocol; the update of global warming potentials of listed substances. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level and with the Consultation Forum. Those consultations should be conducted in accordance with the principles laid down in the Inter-institutional Agreement of 13 April 2016 on Better Law-Making38 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. _________________ 38 OJ L 123, 12.5.2016, p. 1. Or. en Amendment 193 Stelios Kympouropoulos, Dolors Montserrat, Dan-tefan Motreanu, Bartosz Arlukowicz, Pernille Weiss, Sara Skyttedal Proposal for a regulation Article 1 - paragraph 1 - point a Text proposed by the Commission Amendment (a) lays down rules on containment, use, recovery and destruction of fluorinated greenhouse gases and on related ancillary measures, and facilitates the safe use of alternative substances; (a) lays down rules on containment, use, recovery and destruction of fluorinated greenhouse gases and on related ancillary measures, and facilitates the safe and efficient use of alternative substances; Or. en Amendment 194 Gnther Sidl, Maria Arena Proposal for a regulation Article 2 - paragraph 1 PE737.211v01-00 EN 100/334 PR\1265051EN.docx Text proposed by the Commission 1. This Regulation applies to the fluorinated greenhouse gases listed in Annexes I, II and II, whether alone or in a mixture. Amendment 1. This Regulation applies to the fluorinated greenhouse gases listed in Annexes I, II and III, whether alone or in a mixture. Or. en Amendment 195 Edina Tth Proposal for a regulation Article 2 - paragraph 1 Text proposed by the Commission 1. This Regulation applies to the fluorinated greenhouse gases listed in Annexes I, II and II, whether alone or in a mixture. Amendment 1. This Regulation applies to products and equipment, containing fluorinated greenhouse gases or whose functioning relies upon those gases. Or. en Amendment 196 Stanislav Polck Proposal for a regulation Article 2 - paragraph 1 Text proposed by the Commission 1. Toto nazen se vztahuje na fluorovan sklenkov plyny uveden v plohch I, II a II, vyskytujc se bu samostatn, nebo ve smsi. Amendment 1. Toto nazen se vztahuje na fluorovan sklenkov plyny uveden v plohch I, II a III, vyskytujc se bu samostatn, nebo ve smsi. Or. cs Amendment 197 Ondej Knotek, Andreas Glck, Martin Hojsk, Emma Wiesner, Billy Kelleher, Michal Wiezik Proposal for a regulation Article 2 - paragraph 1 Text proposed by the Commission Amendment 1. This Regulation applies to the fluorinated greenhouse gases listed in Annexes I, II and II, 1. This Regulation applies to the fluorinated greenhouse gases listed in Annexes I, II and III, PR\1265051EN.docx 101/334 PE737.211v01-00 EN whether alone or in a mixture. whether alone or in a mixture. Justification Correction of an editorial mistake made by the Commission. Or. en Amendment 198 Alexandr Vondra Proposal for a regulation Article 2 - paragraph 2 Text proposed by the Commission 2. This Regulation also applies to products and equipment, and parts thereof, containing fluorinated greenhouse gases or whose functioning relies upon those gases. Amendment 2. This Regulation also applies to products and equipment, containing fluorinated greenhouse gases or whose functioning relies upon those gases. Or. en Amendment 199 Ondej Knotek, Emma Wiesner, Billy Kelleher, Michal Wiezik Proposal for a regulation Article 3 - paragraph 1 - point 3 a (new) Text proposed by the Commission Amendment (3 a) 'Fluorinated greenhouse gas' means the hydrofluorocarbons, perfluorocarbons, sulphur hexafluoride and other greenhouse gases that contain fluorine, listed in Annex I, II and III or mixtures containing any of those substances; Or. en Justification The proposal aims at regulating fluorinated greenhouse gases but does not provide any definition. The amendment suggests to reintroduce the definition from the current Regulation (EU) No 517/2014. Amendment 200 Nikolaj Villumsen Proposal for a regulation PE737.211v01-00 EN 102/334 PR\1265051EN.docx Article 3 - paragraph 1 - point 4 a (new) Text proposed by the Commission Amendment (4 a) 'halogenated substance' means a substance containing fluor, chlorine, brome, iodine or astatine; Or. en Amendment 201 Nikolaj Villumsen Proposal for a regulation Article 3 - paragraph 1 - point 4 b (new) Text proposed by the Commission Amendment (4 b) 'per- and polyfluoroalkyl substances' or 'PFAS' means any substance containing at least one fully fluorinated methyl (CF3) or methylene (CF2) carbon atom without any H/Cl/Br/I atom attached to it; Or. en Amendment 202 Stelios Kympouropoulos, Dolors Montserrat, Dan-tefan Motreanu, Bartosz Arlukowicz, Pernille Weiss, Sara Skyttedal Proposal for a regulation Article 3 - paragraph 1 - point 5 Text proposed by the Commission Amendment (5) `operator` means the undertaking exercising actual power over the technical functioning of products and equipment covered by this Regulation or the owner where designated by a Member State as being responsible for the operator's obligations in specific cases; (5) `operator` means the undertaking exercising actual power over the technical functioning of products and equipment covered by this Regulation or the entity where designated by a Member State as being responsible for the operator's obligations in specific cases; Or. en Amendment 203 Gnther Sidl, Maria Arena Proposal for a regulation PR\1265051EN.docx 103/334 PE737.211v01-00 EN Article 3 - paragraph 1 - point 5 a (new) Text proposed by the Commission Amendment (5 a) "PFAS" means, for the purposes of this regulation, fluorinated greenhouse gases that are also PFAS, whose production produces PFAS or decompose into PFAS Or. en Justification PFAS are substances creating serious concerns for the populations and leading to massive spending from public bodies to either contain the pollution or decontaminate the soil/waterbed. Some HFCs alternatives in air conditioning and refrigeration are PFAS and their fast deployment is leading to a potentially pollution of trifluoroacetic acid (TFA). The concentration levels of TFA in the environment are approaching - or exceeding the allowed minimum levels. Given that the alternatives based on natural refrigerants are available, a ban on PFAS should be introduced. Amendment 204 Edina Tth Proposal for a regulation Article 3 - paragraph 1 - point 6 Text proposed by the Commission (6) `placing on the market' means the supplying or making available to another person within the Union, for the first time, for payment or free of charge, the customs release for free circulation in the Union, and the use of substances produced or the use of products or equipment manufactured for own use; Amendment (6) `placing on the market' means supplying or making available to another party in the Union for the first time, for payment or free of charge, or using for its own account in the case of a producer, and includes customs release for free circulation in the Union; Or. en Justification On the term `placing on the market', it is necessary to keep the same definition as the one provided in the current F-Gas Regulation (EU) No 517/2014 as it is clearer and mentions any party being a legal or physical one. In addition, it is also necessary to take as reference the "Blue Guide" on the implementation of EU product rules. Amendment 205 Martin Hojsk, Michal Wiezik Proposal for a regulation Article 3 - paragraph 1 - point 6 PE737.211v01-00 EN 104/334 PR\1265051EN.docx Text proposed by the Commission (6) `placing on the market' means the supplying or making available to another person within the Union, for the first time, for payment or free of charge, the customs release for free circulation in the Union, and the use of substances produced or the use of products or equipment manufactured for own use; Amendment (6) `placing on the market' means the supplying or making available to another person within the Union, for the first time, for payment or free of charge, the customs release for free circulation in the Union, including through internet, and the use of substances produced or the use of products or equipment manufactured for own use; Or. en Amendment 206 Alexandr Vondra Proposal for a regulation Article 3 - paragraph 1 - point 6 Text proposed by the Commission (6) `placing on the market' means the supplying or making available to another person within the Union, for the first time, for payment or free of charge, the customs release for free circulation in the Union, and the use of substances produced or the use of products or equipment manufactured for own use; Amendment (6) `placing on the market' means the supplying or making available to another party in the Union, for the first time, for payment or free of charge, or using for its own account in the case of a producer, and includes customs release for free circulation in the Union; Or. en Amendment 207 Stelios Kympouropoulos, Dolors Montserrat, Dan-tefan Motreanu, Bartosz Arlukowicz, Pernille Weiss, Sara Skyttedal Proposal for a regulation Article 3 - paragraph 1 - point 6 Text proposed by the Commission Amendment (6) `placing on the market' means the supplying or making available to another person within the Union, for the first time, for payment or free of charge, the customs release for free circulation in the Union, and the use of substances produced or the use of products or equipment manufactured for own use; (6) `placing on the market' means the supplying or making available to another party in the Union, for the first time, for payment or free of charge, the customs release for free circulation in the Union, and the use of substances produced or the use of products or equipment manufactured for own use; PR\1265051EN.docx 105/334 Or. en PE737.211v01-00 EN Amendment 208 Alexandr Vondra Proposal for a regulation Article 3 - paragraph 1 - point 9 Text proposed by the Commission (9) `hermetically sealed equipment' means equipment in which all fluorinated greenhouse gas containing parts are made tight during its manufacturing process at the premises of the manufacturer by welding, brazing or a similar permanent connection, which may include capped valves or capped service ports that allow proper repair or disposal; Amendment (9) `hermetically sealed equipment' means equipment in which all fluorinated greenhouse gas containing parts are made tight by welding, brazing or a similar permanent connection, which may include capped valves or capped service ports that allow proper repair or disposal, and which have a tested leakage rate of less than 3 grams per year under a pressure of at least a quarter of the maximum allowable pressure; Or. en Amendment 209 Danilo Oscar Lancini Proposal for a regulation Article 3 - paragraph 1 - point 9 Text proposed by the Commission (9) `hermetically sealed equipment' means equipment in which all fluorinated greenhouse gas containing parts are made tight during its manufacturing process at the premises of the manufacturer by welding, brazing or a similar permanent connection, which may include capped valves or capped service ports that allow proper repair or disposal; Amendment (9) `hermetically sealed equipment' means equipment in which all fluorinated greenhouse gas containing parts are made tight by welding, brazing or a similar permanent connection, which may include capped valves or capped service ports that allow proper repair or disposal, and which have a tested leakage rate of less than 3 grams per year under a pressure of at least a quarter of the maximum allowable pressure; Or. en Amendment 210 Edina Tth Proposal for a regulation Article 3 - paragraph 1 - point 9 Text proposed by the Commission Amendment PE737.211v01-00 EN 106/334 PR\1265051EN.docx (9) `hermetically sealed equipment' means equipment in which all fluorinated greenhouse gas containing parts are made tight during its manufacturing process at the premises of the manufacturer by welding, brazing or a similar permanent connection, which may include capped valves or capped service ports that allow proper repair or disposal; (9) 'hermetically sealed equipment' means equipment in which all refrigerant containing parts are made tight by welding, brazing or a similar permanent connection, which may include capped valves or capped service ports that allow proper repair or disposal. These capped valves have a tested leakage rate of less than 3 grams per year under a pressure of at least a quarter of the maximum allowable pressure; Or. en Justification It is needed to keep the definition for "hermetically sealed equipment" of the current F-Gas Regulation, in particular related to Art. 5 (leak checks). The reference to `capped valves with a tested leakage rates' less than 3 grams should not be deleted, as this is an essential requirement to be considered hermetically sealed and in line with the European standard EN378. Amendment 211 Alexandr Vondra Proposal for a regulation Article 3 - paragraph 1 - point 9 a (new) Text proposed by the Commission Amendment (9 a) `plug-in' means capable of or designed for being connected to an electrical power source by inserting the plug into different sockets without the intervention of a professional installer; Or. en Amendment 212 Alexandr Vondra Proposal for a regulation Article 3 - paragraph 1 - point 9 b (new) Text proposed by the Commission PR\1265051EN.docx Amendment (9 b) `self-contained system' means a complete factory-made refrigerating system in a suitable frame and/or enclosure, that is fabricated and transported complete in which no refrigerantcontaining parts are connected on site; 107/334 Or. en PE737.211v01-00 EN Amendment 213 Alexandr Vondra Proposal for a regulation Article 3 - paragraph 1 - point 9 c (new) Text proposed by the Commission Amendment (9 c) `split system' means a system that consists of multiple mountings linked by refrigerant piping to form a discrete matched functional unit, needing installation and connection of refrigerant circuit parts at the site of usage; Or. en Amendment 214 Alexandr Vondra Proposal for a regulation Article 3 - paragraph 1 - point 9 d (new) Text proposed by the Commission Amendment (9 d) `single split air conditioning systems' means systems for room air conditioning that consist of one outdoor unit and one indoor unit linked by refrigerant piping, needing installation at the site of usage; Or. en Amendment 215 Alexandr Vondra Proposal for a regulation Article 3 - paragraph 1 - point 9 e (new) Text proposed by the Commission PE737.211v01-00 EN Amendment (9 e) `heat pump' means systems that use a refrigeration circuit to extract energy from the environment or from waste heat sources and deliver space/water heating. Reversible systems provide a cooling as well as a heating function; Or. en 108/334 PR\1265051EN.docx Amendment 216 Alexandr Vondra Proposal for a regulation Article 3 - paragraph 1 - point 9 f (new) Text proposed by the Commission Amendment (9 f) `household equipment' means electrical equipment, declared by the manufacturer in the Declaration of Conformity as complying with the Directive 2014/35/EU of the European Parliament and of the Council; Or. en Amendment 217 Stanislav Polck Proposal for a regulation Article 3 - paragraph 1 - point 14 Text proposed by the Commission 14) ,,zneskodnnm" proces, kdy se fluorovan sklenkov plyn v co nejvts mozn me trvale pemn nebo pln rozloz na jednu nebo vce stabilnch ltek, kter nejsou fluorovanmi sklenkovmi plyny; Amendment 14) ,,zneskodnnm" proces, kdy se fluorovan sklenkov plyn trvale pemn nebo pln rozloz na jednu nebo vce stabilnch ltek, kter nejsou fluorovanmi sklenkovmi plyny; Or. cs Amendment 218 Stanislav Polck Proposal for a regulation Article 3 - paragraph 1 - point 18 Text proposed by the Commission 18) ,,drzbou nebo servisem" vsechny cinnosti krom znovuzskvn podle clnku 8 a kontrol tsnosti podle clnku 4 a cl. 10 odst. 1 psm. b) tohoto nazen, kter pedstavuj oteven okruh obsahujcch nebo konstruovanch tak, aby obsahovaly fluorovan sklenkov plyny, napoustn systmu fluorovanmi sklenkovmi plyny, odstraovn jednoho nebo vce dl okruhu Amendment 18) ,,drzbou nebo servisem" vsechny cinnosti krom znovuzskvn podle clnku 8 a kontrol tsnosti podle clnku 4 a cl. 10 odst. 1 psm. b) tohoto nazen, kter pedstavuj oteven okruh obsahujcch nebo konstruovanch tak, aby obsahovaly fluorovan sklenkov plyny, napoustn systmu fluorovanmi sklenkovmi plyny, odstraovn jednoho nebo vce cst PR\1265051EN.docx 109/334 PE737.211v01-00 EN nebo zazen, optovn montz dvou nebo vce cst okruhu nebo zazen, jakoz i oprava netsnost; okruhu nebo zazen, optovn montz dvou nebo vce cst okruhu nebo zazen, jakoz i oprava netsnost; Or. cs Amendment 219 Stanislav Polck Proposal for a regulation Article 3 - paragraph 1 - point 23 Text proposed by the Commission 23) ,,chladrenskm nkladnm vozidlem" motorov vozidlo s hmotnost nad 3,5 tuny, kter je navrzeno a zkonstruovno primrn pro pepravu zboz a kter je vybaveno chladic jednotkou; Amendment 23) ,,chladrenskm vozidlem" dvoustop motorov vozidlo, kter je navrzeno a zkonstruovno primrn pro pepravu zboz a kter je vybaveno chladic jednotkou; Or. cs Amendment 220 Bas Eickhout Proposal for a regulation Article 3 - paragraph 1 - point 27 Text proposed by the Commission (27) `feedstock' means any fluorinated greenhouse gas listed in Annexes I and II, that undergoes chemical transformation in a process in which it is entirely converted from its original composition and emissions are insignificant; Amendment (27) `feedstock' means any fluorinated greenhouse gas listed in Annexes I and II, that undergoes chemical transformation in a process in which it is entirely converted from its original composition; Or. en Justification It may be incorrect to say that emissions from feedstock use are insignificant. Scientists have raised concerns that reported emissions from feedstock uses may have been underestimated and, in relation to ozone depleting substances, various reports point to the fact that significant amounts of ODS have been emitted from feedstocks. See for instance: "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: https://www.nature.com/articles/s41467-02018052-0 PE737.211v01-00 EN 110/334 PR\1265051EN.docx Amendment 221 Stanislav Polck Proposal for a regulation Article 3 - paragraph 1 - point 31 Text proposed by the Commission 31) ,,vojenskm zazenm" zbran, stelivo a materil urcen vhradn pro vojensk cely, kter jsou nezbytn k ochran podstatnch bezpecnostnch zjm clenskch stt; Amendment 31) ,,vojenskm zazenm" zbran, stelivo a materil urcen vhradn pro vojensk cely, kter jsou nezbytn k ochran bezpecnostnch zjm clenskch stt; Or. cs Amendment 222 Nicola Procaccini Proposal for a regulation Article 3 - paragraph 1 - point 36 a (new) Text proposed by the Commission Amendment (36 a) 'Self-contained system' means a complete factory-made refrigerating system in a suitable frame and/or enclosure, that is fabricated and transported complete, or in two or more sections and in which no refrigerant-containing parts are connected onsite other than by isolation valves, such as companion valves. Or. en Amendment 223 Danilo Oscar Lancini Proposal for a regulation Article 3 - paragraph 1 - point 36 a (new) Text proposed by the Commission PR\1265051EN.docx Amendment (36 a) 'Self-contained' equipment means complete factory-made refrigerating system in a suitable frame and/or enclosure, that is fabricated and transported in one or more sections and in which no refrigerant containing parts are connected on site other than by companion or block valves; 111/334 Or. en PE737.211v01-00 EN Amendment 224 Gnther Sidl, Maria Arena Proposal for a regulation Article 3 - paragraph 1 - point 36 a (new) Text proposed by the Commission Amendment (36 a) `polluter pays principle' means that polluters shall bear the costs of their pollution or environmental damage, including the cost of measures taken to prevent, control and remedy pollution, as well as the costs the polluters impose on society; Justification Majority position as voted in the Environmental Crime Directive Or. en Amendment 225 Edina Tth Proposal for a regulation Article 3 - paragraph 1 - point 36 a (new) Text proposed by the Commission Amendment (36 a) 'Plug-in' means an equipment allowing the connection to different power sockets done by consumers and that does not require the intervention of a professional installer; Or. en Amendment 226 Gnther Sidl, Maria Arena Proposal for a regulation Article 3 - paragraph 1 - point 36 b (new) Text proposed by the Commission PE737.211v01-00 EN Amendment (36 b) `per- and polyfluoroalkyl substances' or `PFAS' means, for purposes of this Regulation, fluorinated greenhouse gases listed in Annexes I, II or III that are also per-and polyfluoroalkyl 112/334 PR\1265051EN.docx Amendment 227 Edina Tth Proposal for a regulation Article 3 - paragraph 1 - point 36 b (new) Text proposed by the Commission Amendment 228 Danilo Oscar Lancini Proposal for a regulation Article 3 - paragraph 1 - point 36 b (new) Text proposed by the Commission Amendment 229 Gnther Sidl, Maria Arena Proposal for a regulation Article 3 - paragraph 1 - point 36 c (new) Text proposed by the Commission substances, as defined pursuant to Regulation (EC) No1907/2006, or that contribute to per- and polyfluoroalkyl substances in the atmosphere, water or ground through decomposition or as a by-product of production; Or. en Amendment (36 b) 'Self-contained' means a complete factory-made system in a suitable frame and/or enclosure that is fabricated and transported complete and in which no refrigerant-containing parts are connected on site; Or. en Amendment (36 b) 'Refrigeration system' means combination of refrigeration equipment interconnected in field constituting one closed refrigeration circuit; Or. en Amendment PR\1265051EN.docx 113/334 PE737.211v01-00 EN (36 c) `One Health Approach' means an integrated, unifying approach that aims to sustainably balance and optimise the health of people, animals, plants and ecosystems. It recognises that the health of humans, domestic and wild animals, plants, and the wider environment including ecosystems are closely interlinked and inter-dependent; Or. en Amendment 230 Edina Tth Proposal for a regulation Article 3 - paragraph 1 - point 36 c (new) Text proposed by the Commission Amendment (36 c) 'Split system' means a system consisting of a number of refrigerant piped units that form a separate but interconnected unit, requiring the installation and connection of refrigerant circuit components at the point of use; Or. en Amendment 231 Danilo Oscar Lancini Proposal for a regulation Article 3 - paragraph 1 - point 36 c (new) Text proposed by the Commission Amendment (36 c) 'Power Rack' means equipment consisting of a combination of two or more compressors intended to be connected to a condenser in a refrigeration system; Or. en Amendment 232 Edina Tth Proposal for a regulation Article 3 - paragraph 1 - point 36 d (new) PE737.211v01-00 EN 114/334 PR\1265051EN.docx Text proposed by the Commission Amendment (36 d) 'Single split system' means a system consisting of up to two refrigerant piping connected units, which form a separate but matched unit, and which requires the installation and connection of the components of the refrigerant circuit at the point of use; Or. en Justification The suggested definition of "single split system" is an improvement compared to the current Regulation, as both parts of the single split system can sometimes both be installed indoors. Finally, we would suggest adding a definition for other types of applications that might be impacted by the Regulation Proposal: the `Household equipment' definition suggestion is based on the scope covered by the Low Voltage Directive 2014/35/EU. Amendment 233 Edina Tth Proposal for a regulation Article 3 - paragraph 1 - point 36 e (new) Text proposed by the Commission Amendment (36 e) 'Heat pump' means a device that uses ambient heat and/or waste heat from air, water or ground sources to produce heat and is based on the interconnection of one or more components forming a closed cooling circuit in which a refrigerant circulates to extract and release heat; Or. en Amendment 234 Edina Tth Proposal for a regulation Article 3 - paragraph 1 - point 36 f (new) Text proposed by the Commission Amendment (36 f) 'Household appliances' means electrical equipment, other than electrical equipment listed in Annex II to Directive 2014/35/EU, used with a rated voltage between 50 and 1000 V for alternating current and between 75 and 1500 V for direct current. PR\1265051EN.docx 115/334 PE737.211v01-00 EN Or. en Amendment 235 Gnther Sidl, Maria Arena Proposal for a regulation Article 4 - paragraph 1 Text proposed by the Commission 1. The intentional release into the atmosphere of fluorinated greenhouse gases listed in Annexes I and II shall be prohibited where the release is not technically necessary for the intended use. Amendment 1. The intentional release into the atmosphere of fluorinated greenhouse gases listed in Annexes I and II shall be prohibited where the release is not technically necessary for the intended use or recapture is not technically feasible. Or. en Amendment 236 Alexandr Vondra Proposal for a regulation Article 4 - paragraph 1 a (new) Text proposed by the Commission Amendment 1 a. The prevention of emissions of fluorinated greenhouse gases shall be considered together with the prevention of emissions of overall greenhouse gases and the energy efficiency first principle. In this regard special attention should be paid to heat pump technologies and their potential to replace fossil fuel boilers, making a major contribution to achieving the EU's energy and climate targets and a reduced dependency on fossil fuels as determined in the REPowerEU plan. Or. en Amendment 237 Gnther Sidl, Maria Arena Proposal for a regulation Article 4 - paragraph 2 PE737.211v01-00 EN 116/334 PR\1265051EN.docx Text proposed by the Commission 2. Operators and manufacturers of equipment and installations that contain fluorinated greenhouse gases listed in Annexes I or II, as well as undertakings in possession of such equipment during its transport or storage, shall take all necessary precautions to prevent the unintentional release of any such gases. They shall take all measures that are technically and economically feasible to minimise leakage of the gases. Amendment 2. Operators and manufacturers of equipment and installations that contain fluorinated greenhouse gases listed in Annexes I or II, as well as undertakings in possession of such equipment during its transport or storage, shall take all necessary precautions to prevent the unintentional release of any such gases. They shall take all measures that are technically and economically feasible to minimise leakage of the gases and to avoid the production of or substitution via per- and polyfluoroalkyl substances (PFAS). Or. en Amendment 238 Stelios Kympouropoulos, Dolors Montserrat, Dan-tefan Motreanu, Bartosz Arlukowicz, Pernille Weiss, Sara Skyttedal Proposal for a regulation Article 4 - paragraph 2 Text proposed by the Commission Amendment 2. Operators and manufacturers of equipment and installations that contain fluorinated greenhouse gases listed in Annexes I or II, as well as undertakings in possession of such equipment during its transport or storage, shall take all necessary precautions to prevent the unintentional release of any such gases. They shall take all measures that are technically and economically feasible to minimise leakage of the gases. 2. Operators and manufacturers of equipment and installations that contain fluorinated greenhouse gases listed in Annexes I or II, or other relevant alternatives to fluorinated greenhouse gases, as well as undertakings in possession of such equipment during its transport or storage, shall take all necessary precautions to prevent the unintentional release of any such gases. They shall take all measures that are technically and economically feasible to minimise leakage of the gases. Or. en Justification This amendment goes further in the emission prevention and can have numerous benefits in terms of environmental protection, and energy efficiency, as non-fluorinated alternatives often have high GWP, or pose safety risks. Amendment 239 Alexandr Vondra Proposal for a regulation PR\1265051EN.docx 117/334 PE737.211v01-00 EN Article 4 - paragraph 2 Text proposed by the Commission 2. Operators and manufacturers of equipment and installations that contain fluorinated greenhouse gases listed in Annexes I or II, as well as undertakings in possession of such equipment during its transport or storage, shall take all necessary precautions to prevent the unintentional release of any such gases. They shall take all measures that are technically and economically feasible to minimise leakage of the gases. Amendment 2. Operators and manufacturers of equipment and installations that contain fluorinated greenhouse gases listed in Annexes I or II, as well as undertakings in possession of such equipment during its transport or storage, shall take all necessary precautions to prevent the unintentional release of any such gases. They shall take all measures that are technically, practically and economically feasible to minimise leakage of the gases. Or. en Amendment 240 Stelios Kympouropoulos, Dolors Montserrat, Dan-tefan Motreanu, Bartosz Arlukowicz, Pernille Weiss, Sara Skyttedal Proposal for a regulation Article 4 - paragraph 3 Text proposed by the Commission Amendment 3. During the production, storage, transport, and transfer from one container or system to another or to an equipment or installation, of fluorinated greenhouse gases listed in Annexes I and II, the undertaking shall take all necessary precautions to limit release of fluorinated greenhouse gases listed in Annexes I and II to the greatest extent possible. This paragraph also applies where fluorinated greenhouse gases listed in Annexes I and II are produced as by-products. 3. During the production, storage, transport, and transfer from one container or system to another or to an equipment or installation, of fluorinated greenhouse gases listed in Annexes I and II, the undertaking shall take all necessary precautions to limit release of fluorinated greenhouse gases listed in Annexes I and II to the greatest extent possible. This paragraph also applies where fluorinated greenhouse gases listed in Annexes I and II are produced as by-products, as well as to other relevant alternatives to fluorinated greenhouse gases. Or. en Justification This amendment goes further in the emission prevention and can have numerous benefits in terms of environmental protection, and energy efficiency, as non-fluorinated alternatives often have high GWP, or pose safety risks. Amendment 241 Stanislav Polck PE737.211v01-00 EN 118/334 PR\1265051EN.docx Proposal for a regulation Article 4 - paragraph 3 Text proposed by the Commission 3. Bhem vroby, skladovn, pepravy a pekldn fluorovanch sklenkovch plyn uvedench v plohch I a II z jednoho zsobnku nebo systmu do jinho nebo do zazen ci instalace pijme podnik vesker nezbytn preventivn opaten k co nejvtsmu omezen vypoustn fluorovanch sklenkovch plyn uvedench v plohch I a II. Tento odstavec se rovnz pouzije v ppadech, kdy jsou fluorovan sklenkov plyny uveden v plohch I a II vyrbny jako vedlejs produkty. Amendment 3. Bhem vroby, skladovn, pepravy a pekldn fluorovanch sklenkovch plyn uvedench v plohch I a II z jednoho zsobnku nebo systmu do jinho nebo do zazen ci instalace pijme podnik vesker nezbytn preventivn opaten k co maximlnmu moznmu vypoustn fluorovanch sklenkovch plyn uvedench v plohch I a II. Tento odstavec se rovnz pouzije v ppadech, kdy jsou fluorovan sklenkov plyny uveden v plohch I a II vyrbny jako vedlejs produkty. Or. cs Amendment 242 Gnther Sidl, Maria Arena Proposal for a regulation Article 4 - paragraph 4 - subparagraph 1 Text proposed by the Commission Where a leakage of fluorinated greenhouse gases listed in Annex I or II is detected, the operators, manufacturers of equipment and installations and the undertakings in possession of the equipment during its transport, or storage, shall ensure that the equipment or installation is repaired without undue delay. Amendment Where a leakage of fluorinated greenhouse gases listed in Annex I or II is detected, the operators, manufacturers of equipment and installations and the undertakings in possession of the equipment during its transport, or storage, shall ensure that the equipment or installation is repaired without undue delay in line with the polluter pays principle. Or. en Amendment 243 Stelios Kympouropoulos, Dolors Montserrat, Dan-tefan Motreanu, Bartosz Arlukowicz, Pernille Weiss, Sara Skyttedal Proposal for a regulation Article 4 - paragraph 4 - subparagraph 1 Text proposed by the Commission Amendment Where a leakage of fluorinated greenhouse gases listed in Annex I or II is detected, the operators, manufacturers of equipment and installations and Where a leakage of fluorinated greenhouse gases listed in Annex I or II is detected, or other relevant alternatives to fluorinated greenhouse gases, the PR\1265051EN.docx 119/334 PE737.211v01-00 EN the undertakings in possession of the equipment during its transport, or storage, shall ensure that the equipment or installation is repaired without undue delay. operators, manufacturers of equipment and installations and the undertakings in possession of the equipment during its transport, or storage, shall ensure that the equipment or installation is repaired without undue delay. Or. en Justification This amendment goes further in the emission prevention and can have numerous benefits in terms of environmental protection, and energy efficiency, as non-fluorinated alternatives often have high GWP, or pose safety risks. Amendment 244 Gnther Sidl, Maria Arena Proposal for a regulation Article 4 - paragraph 5 - subparagraph 2 Text proposed by the Commission For the purpose of providing that evidence, importers and producers shall draw up a declaration of conformity and join supporting documentation on the production facility and the mitigation measures adopted to prevent emissions of trifluoromethane. Producers and importers shall keep the declaration of conformity and supporting documentation for a period of at least five years after the placing on the market and make them available, upon request, to national competent authorities and to the Commission. Amendment For the purpose of providing that evidence, importers and producers shall draw up a declaration of conformity and join supporting documentation with: (a) information on the production facility; (b) the proof of availability and operation of the best available abatement technology at the production facility; (c) the proof of mitigation measures adopted to prevent emissions of trifluoromethane, in line with best available techniques; (d) the proof of destruction or recovery of any quantity of emitted trifluoromethane, in line with best available techniques and in accordance with the requirements laid down in Article 8(7). Producers and importers shall keep the declaration of conformity and supporting documentation for a period of at least five years after the placing on the market and make them available, upon request, to national competent authorities and to the Commission. PE737.211v01-00 EN 120/334 PR\1265051EN.docx Or. en Justification Details on the evidence to be provided on the destruction of trifluoromethane should be brought from the relevant Commission Technical Advice document into this Regulation (https://climate.ec.europa.eu/system/files/2016-11/151023_hfc23_byproduction_en.pdf) Amendment 245 Gnther Sidl, Maria Arena Proposal for a regulation Article 4 - paragraph 5 - subparagraph 3 Text proposed by the Commission The Commission may, by means of implementing acts, determine the detailed arrangements relating to the declaration of conformity and supporting documentation referred to in the second subparagraph. Those implementing acts shall be adopted in accordance with Article 34(2). Amendment The Commission shall, by means of implementing acts, determine the detailed arrangements relating to and the detailed elements of the declaration of conformity and supporting documentation referred to in the second subparagraph. Those implementing acts shall be adopted in accordance with Article 34(2). Or. en Amendment 246 Stelios Kympouropoulos, Dolors Montserrat, Dan-tefan Motreanu, Bartosz Arlukowicz, Pernille Weiss, Sara Skyttedal Proposal for a regulation Article 4 - paragraph 6 - subparagraph 1 Text proposed by the Commission Amendment Natural persons carrying out the tasks referred to in Article 10(1), points (a) to (c), shall be certified in accordance with Article 10 and shall take precautionary measures to prevent leakage of fluorinated greenhouse gases listed in Annexes I and II. Natural persons carrying out the tasks referred to in Article 10(1), points (a) to (c), shall be certified in accordance with Article 10 and shall take precautionary measures to prevent leakage of fluorinated greenhouse gases listed in Annexes I and II, or other relevant alternatives to fluorinated greenhouse gases. Or. en Justification This amendment goes further in the emission prevention or leak check and can have numerous benefits in terms of environmental protection, and energy efficiency, as non-fluorinated alternatives often have high GWP, or pose safety risks. PR\1265051EN.docx 121/334 PE737.211v01-00 EN Amendment 247 Stelios Kympouropoulos, Dolors Montserrat, Dan-tefan Motreanu, Bartosz Arlukowicz, Pernille Weiss, Sara Skyttedal Proposal for a regulation Article 4 - paragraph 6 - subparagraph 2 Text proposed by the Commission Amendment Undertakings carrying out the installation, servicing, maintenance, repair or decommissioning of the equipment listed in Article 5(2), points (a) to (f), shall be certified in accordance with Article 10 and shall take precautionary measures to prevent leakage of fluorinated greenhouse gases listed in Annexes I and II. Undertakings carrying out the installation, servicing, maintenance, repair or decommissioning of the equipment listed in Article 5(2), points (a) to (f), shall be certified in accordance with Article 10 and shall take precautionary measures to prevent leakage of fluorinated greenhouse gases listed in Annexes I and II, or other relevant alternatives to fluorinated greenhouse gases. Or. en Justification This amendment goes further in the emission prevention or leak check and can have numerous benefits in terms of environmental protection, and energy efficiency, as non-fluorinated alternatives often have high GWP, or pose safety risks. Amendment 248 Alexandr Vondra Proposal for a regulation Article 4 - paragraph 6 - subparagraph 2 a (new) Text proposed by the Commission Amendment Operators shall ensure that sulfuryl fluoride is captured and recovered after fumigation. If recovery is not technically or financially feasible, then alternative treatment options must be used. Operators shall ensure that the recovery is carried out by appropriately qualified natural persons, so that the gases are recycled, reclaimed or destroyed. For the purpose of providing evidence of destruction, operators shall draw up a declaration of conformity and join supporting documentation with information on the facility, the proof of availability and operation of the best available recovery technology at the facility, and proof of the measures adopted to recover emissions of sulfuryl fluoride. The effectiveness of the system PE737.211v01-00 EN 122/334 PR\1265051EN.docx must be independently scientifically verified. Where recovery of sulfuryl fluoride is not technically or financially feasible and alternative treatment options are not available, the operator shall draw up documentation providing evidence of the impossibility of the recovery of sulfuryl fluoride and the absence of alternative treatment options in that specific case. In exceptional circumstances, this information can be used to support a short-term request to use sulfuryl fluoride for that specific case. The operator shall retain the declaration of conformity and the supporting documentation for five years and shall make them available, on request, to the competent authorities of a Member State and to the Commission. Or. en Amendment 249 Gnther Sidl, Maria Arena Proposal for a regulation Article 4 - paragraph 6 - subparagraph 2 a (new) Text proposed by the Commission Amendment Operators shall ensure that sulfuryl fluoride is captured and recovered after fumigation, unless the recovery is not technically feasible or entails disproportionate costs. Operators shall ensure that the recovery is carried out by appropriately qualified natural persons, so that the gases are recycled, reclaimed or destroyed. For the purpose of providing evidence of destruction, operators shall draw up a declaration of conformity and join supporting documentation with information on the facility, the proof of availability and operation of the best available recovery technology at the facility, and proof of the measures adopted to recover emissions of sulfuryl fluoride. Where recovery of sulfuryl fluoride is not technically feasible and entails disproportionate costs, the operator shall draw up documentation providing evidence of the impossibility of the recovery of sulfuryl fluoride in that specific case. The operator shall retain the declaration of conformity and the supporting documentation for PR\1265051EN.docx 123/334 PE737.211v01-00 EN five years and shall make them available, on request, to the competent authorities of a Member State and to the Commission. Or. en Justification Sulfuryl fluoride is a high GWP gas, which is intentionally released from the enclosure by natural ventilation or forced ventilation. Where possible, residual sulfuryl fluoride gas should be recaptured from the air stream. Amendment 250 Stelios Kympouropoulos, Dolors Montserrat, Dan-tefan Motreanu, Bartosz Arlukowicz, Pernille Weiss, Sara Skyttedal Proposal for a regulation Article 5 - paragraph 1 - subparagraph 1 Text proposed by the Commission Amendment Operators of equipment that contains 5 tonnes of CO2 equivalent or more of fluorinated greenhouse gases listed in Annex I or 1 kilogram or more of fluorinated greenhouse gases listed in Annex II, Section I, not contained in foams, shall ensure that the equipment is checked for leaks. Operators of equipment that contains 5 tonnes of CO2 equivalent or more of fluorinated greenhouse gases listed in Annex I or 1 kilogram or more of fluorinated greenhouse gases listed in Annex II, Section I, and other relevant alternatives to fluorinated greenhouse gases, not contained in foams, shall ensure that the equipment is checked for leaks. Or. en Justification This amendment goes further in the emission prevention or leak check and can have numerous benefits in terms of environmental protection, and energy efficiency, as non-fluorinated alternatives often have high GWP, or pose safety risks. Amendment 251 Gnther Sidl, Maria Arena Proposal for a regulation Article 5 - paragraph 1 - subparagraph 1 Text proposed by the Commission Operators of equipment that contains 5 tonnes of CO2 equivalent or more of fluorinated greenhouse gases listed in Annex I or 1 kilogram or more of fluorinated greenhouse gases listed in Annex II, Section I, not contained in foams, shall ensure that Amendment Manufacturers and operators of equipment that contains 5 tonnes of CO2 equivalent or more of fluorinated greenhouse gases listed in Annex I or 1 kilogram or more of fluorinated greenhouse gases listed in Annex II, Section I, not contained in foams, PE737.211v01-00 EN 124/334 PR\1265051EN.docx the equipment is checked for leaks. shall ensure that the equipment is checked for leaks, including during their manufacturing. Or. en Justification Leaks of f-gases can occur also during the manufacturing of equipment, not only during the use of the equipment. During the manufacturing of electrical switchgears significant leakages occur that should be covered by leakage check requirements. Amendment 252 Nikolaj Villumsen Proposal for a regulation Article 5 - paragraph 1 - subparagraph 1 Text proposed by the Commission Operators of equipment that contains 5 tonnes of CO2 equivalent or more of fluorinated greenhouse gases listed in Annex I or 1 kilogram or more of fluorinated greenhouse gases listed in Annex II, Section I, not contained in foams, shall ensure that the equipment is checked for leaks. Amendment Manufacturers and operators of equipment that contains 5 tonnes of CO2 equivalent or more of fluorinated greenhouse gases listed in Annex I or 1 kilogram or more of fluorinated greenhouse gases listed in Annex II, Section I, not contained in foams, shall ensure that the equipment is checked for leaks, including during their manufacture. Or. en Amendment 253 Danilo Oscar Lancini Proposal for a regulation Article 5 - paragraph 1 - subparagraph 1 Text proposed by the Commission Operators of equipment that contains 5 tonnes of CO2 equivalent or more of fluorinated greenhouse gases listed in Annex I or 1 kilogram or more of fluorinated greenhouse gases listed in Annex II, Section I, not contained in foams, shall ensure that the equipment is checked for leaks. Amendment Operators of equipment that contains 5 tonnes of CO2 equivalent or more of fluorinated greenhouse gases listed in Annex I or 6 kilogram or more of fluorinated greenhouse gases listed in Annex II, Section I, not contained in foams, shall ensure that the equipment is checked for leaks. Or. en Amendment 254 Stanislav Polck PR\1265051EN.docx 125/334 PE737.211v01-00 EN Proposal for a regulation Article 5 - paragraph 1 - subparagraph 1 Text proposed by the Commission Provozovatel zazen, kter obsahuje 5 tun ekvivalentu CO2 ci vce fluorovanch sklenkovch plyn uvedench v ploze I nebo 1 kilogram ci vce fluorovanch sklenkovch plyn uvedench v oddle I plohy II, kter nejsou obsazeny v pnch, zajist, aby byla provedena kontrola tsnosti tohoto zazen. Amendment Provozovatel zazen, kter obsahuje 5 tun ekvivalentu CO2 ci vce fluorovanch sklenkovch plyn uvedench v ploze I nebo 1 kilogram ci vce fluorovanch sklenkovch plyn uvedench v oddle 1 plohy II, kter nejsou obsazeny v pnch, zajist, aby byla provedena kontrola tsnosti tohoto zazen. Or. cs Amendment 255 Alexandr Vondra Proposal for a regulation Article 5 - paragraph 1 - subparagraph 1 Text proposed by the Commission Operators of equipment that contains 5 tonnes of CO2 equivalent or more of fluorinated greenhouse gases listed in Annex I or 1 kilogram or more of fluorinated greenhouse gases listed in Annex II, Section I, not contained in foams, shall ensure that the equipment is checked for leaks. Amendment Operators of equipment that contains 5 tonnes of CO2 equivalent or more of fluorinated greenhouse gases listed in Annex I or 3 kilogram or more of fluorinated greenhouse gases listed in Annex II, Section I, not contained in foams, shall ensure that the equipment is checked for leaks. Or. en Amendment 256 Cristian-Silviu Buoi Proposal for a regulation Article 5 - paragraph 1 - subparagraph 1 Text proposed by the Commission Operators of equipment that contains 5 tonnes of CO2 equivalent or more of fluorinated greenhouse gases listed in Annex I or 1 kilogram or more of fluorinated greenhouse gases listed in Annex II, Section I, not contained in foams, shall ensure that the equipment is checked for leaks. Amendment Operators of equipment that contains 5 tonnes of CO2 equivalent or more of fluorinated greenhouse gases listed in Annex I or 3 kilogram or more of fluorinated greenhouse gases listed in Annex II, Section I, not contained in foams, shall ensure that the equipment is checked for leaks. Or. en PE737.211v01-00 EN 126/334 PR\1265051EN.docx Amendment 257 Danilo Oscar Lancini Proposal for a regulation Article 5 - paragraph 1 - subparagraph 2 Text proposed by the Commission Hermetically sealed equipment that contains less than 10 tonnes of CO2 equivalent of fluorinated greenhouse gases listed in Annex I or 2 kilograms of fluorinated greenhouse gases listed in Annex II, Section I, shall not be checked for leaks, provided the equipment is labelled as hermetically sealed and its connected parts have a tested leakage rate of less than 3 grams per year under a pressure of at least a quarter of the maximum allowable pressure. Amendment Hermetically sealed equipment that contains less than 10 tonnes of CO2 equivalent of fluorinated greenhouse gases listed in Annex I or 2 kilograms of fluorinated greenhouse gases listed in Annex II, Section I, shall not be checked for leaks, provided the equipment is labelled as hermetically sealed. Or. en Amendment 258 Gnther Sidl, Maria Arena Proposal for a regulation Article 5 - paragraph 1 - subparagraph 2 Text proposed by the Commission Hermetically sealed equipment that contains less than 10 tonnes of CO2 equivalent of fluorinated greenhouse gases listed in Annex I or 2 kilograms of fluorinated greenhouse gases listed in Annex II, Section I, shall not be checked for leaks, provided the equipment is labelled as hermetically sealed and its connected parts have a tested leakage rate of less than 3 grams per year under a pressure of at least a quarter of the maximum allowable pressure. Amendment With the exception of fluorinated greenhouse gases listed in Annex I, Section III, hermetically sealed equipment that contains less than 10 tonnes of CO2 equivalent of fluorinated greenhouse gases listed in Annex I or 2 kilograms of fluorinated greenhouse gases listed in Annex II, Section I, shall not be checked for leaks, provided the equipment is labelled as hermetically sealed and its connected parts have a tested leakage rate of less than 3 grams per year under a pressure of at least a quarter of the maximum allowable pressure. Or. en Amendment 259 Nikolaj Villumsen Proposal for a regulation Article 5 - paragraph 1 - subparagraph 2 PR\1265051EN.docx 127/334 PE737.211v01-00 EN Text proposed by the Commission Hermetically sealed equipment that contains less than 10 tonnes of CO2 equivalent of fluorinated greenhouse gases listed in Annex I or 2 kilograms of fluorinated greenhouse gases listed in Annex II, Section I, shall not be checked for leaks, provided the equipment is labelled as hermetically sealed and its connected parts have a tested leakage rate of less than 3 grams per year under a pressure of at least a quarter of the maximum allowable pressure. Amendment With the exception of fluorinated greenhouse gases listed in Annex I, Section III, hermetically sealed equipment that contains less than 10 tonnes of CO2 equivalent of fluorinated greenhouse gases listed in Annex I or 2 kilograms of fluorinated greenhouse gases listed in Annex II, Section I, shall not be checked for leaks, provided the equipment is labelled as hermetically sealed and its connected parts have a tested leakage rate of less than 3 grams per year under a pressure of at least a quarter of the maximum allowable pressure. Or. en Amendment 260 Danilo Oscar Lancini Proposal for a regulation Article 5 - paragraph 1 - subparagraph 2 Text proposed by the Commission Hermetically sealed equipment that contains less than 10 tonnes of CO2 equivalent of fluorinated greenhouse gases listed in Annex I or 2 kilograms of fluorinated greenhouse gases listed in Annex II, Section I, shall not be checked for leaks, provided the equipment is labelled as hermetically sealed and its connected parts have a tested leakage rate of less than 3 grams per year under a pressure of at least a quarter of the maximum allowable pressure. Amendment Hermetically sealed equipment that contains less than 10 tonnes of CO2 equivalent of fluorinated greenhouse gases listed in Annex I or 12 kilograms of fluorinated greenhouse gases listed in Annex II, Section I, shall not be checked for leaks, provided the equipment is labelled as hermetically sealed and its connected parts have a tested leakage rate of less than 3 grams per year under a pressure of at least a quarter of the maximum allowable pressure. Or. en Amendment 261 Cristian-Silviu Buoi Proposal for a regulation Article 5 - paragraph 1 - subparagraph 2 Text proposed by the Commission Hermetically sealed equipment that contains less than 10 tonnes of CO2 equivalent of fluorinated greenhouse gases listed in Annex I or 2 kilograms of fluorinated greenhouse gases listed in Annex II, Amendment Hermetically sealed equipment that contains less than 10 tonnes of CO2 equivalent of fluorinated greenhouse gases listed in Annex I or 6 kilograms of fluorinated greenhouse gases listed in Annex II, PE737.211v01-00 EN 128/334 PR\1265051EN.docx Section I, shall not be checked for leaks, provided the equipment is labelled as hermetically sealed and its connected parts have a tested leakage rate of less than 3 grams per year under a pressure of at least a quarter of the maximum allowable pressure. Section I, shall not be checked for leaks, provided the equipment is labelled as hermetically sealed and its connected parts have a tested leakage rate of less than 3 grams per year under a pressure of at least a quarter of the maximum allowable pressure. Or. en Amendment 262 Stanislav Polck Proposal for a regulation Article 5 - paragraph 1 - subparagraph 2 Text proposed by the Commission Tsnost hermeticky uzavenho zazen, kter obsahuje mn nez 10 tun ekvivalentu CO2 fluorovanch sklenkovch plyn uvedench v ploze I nebo 2 kilogramy fluorovanch sklenkovch plyn uvedench v oddle I plohy II, se nekontroluje, pokud je zazen oznaceno jako hermeticky uzaven a jeho pipojen csti maj testovanou mru niku nizs nez 3 gramy za rok pi tlaku nejmn ctvrtiny maximlnho povolenho tlaku. Amendment Tsnost hermeticky uzavenho zazen, kter obsahuje mn nez 10 tun ekvivalentu CO2 fluorovanch sklenkovch plyn uvedench v ploze I nebo 2 kilogramy fluorovanch sklenkovch plyn uvedench v oddle 1 plohy II, se nekontroluje, pokud je zazen oznaceno jako hermeticky uzaven a jeho pipojen csti maj testovanou mru niku nizs nez 3 gramy za rok pi tlaku nejmn ctvrtiny maximlnho povolenho tlaku. Or. cs Amendment 263 Alexandr Vondra Proposal for a regulation Article 5 - paragraph 1 - subparagraph 2 Text proposed by the Commission Hermetically sealed equipment that contains less than 10 tonnes of CO2 equivalent of fluorinated greenhouse gases listed in Annex I or 2 kilograms of fluorinated greenhouse gases listed in Annex II, Section I, shall not be checked for leaks, provided the equipment is labelled as hermetically sealed and its connected parts have a tested leakage rate of less than 3 grams per year under a pressure of at least a quarter of the maximum allowable pressure. Amendment Hermetically sealed equipment that contains less than 10 tonnes of CO2 equivalent of fluorinated greenhouse gases listed in Annex I or 6 kilograms of fluorinated greenhouse gases listed in Annex II, Section I, shall not be checked for leaks, provided the equipment is labelled as hermetically sealed and its connected parts have a tested leakage rate of less than 3 grams per year under a pressure of at least a quarter of the maximum allowable pressure. PR\1265051EN.docx 129/334 Or. en PE737.211v01-00 EN Amendment 264 Stelios Kympouropoulos, Dolors Montserrat, Dan-tefan Motreanu, Bartosz Arlukowicz, Sara Skyttedal Proposal for a regulation Article 5 - paragraph 1 - subparagraph 3 Text proposed by the Commission Amendment Electrical switchgear shall not be checked for leaks provided it complies with one of the following conditions: (a) it has a tested leakage rate of less than 0,1 % per year as set out in the technical specification of the manufacturer and is labelled accordingly; (b) it is equipped with a pressure or density monitoring device; (c) it contains less than 6 kilograms of fluorinated greenhouse gases listed in Annex I. deleted Or. en Amendment 265 Gnther Sidl, Maria Arena Proposal for a regulation Article 5 - paragraph 1 - subparagraph 3 - point c Text proposed by the Commission (c) it contains less than 6 kilograms of fluorinated greenhouse gases listed in Annex I. deleted Amendment Or. en Justification All emissions should be accounted for. Therefore, no threshold should be set on the amount of f-gases for which leak checks are required. Very high amounts of SF6 are "stored" in existing equipment, 50% of which falls under the 6-kilogram threshold. Avoiding leaks from this equipment will benefit the environment but also ensure proper functioning and reduce safety risks of equipment failure. Amendment 266 Nikolaj Villumsen Proposal for a regulation Article 5 - paragraph 1 - subparagraph 3 - point c PE737.211v01-00 EN 130/334 PR\1265051EN.docx Text proposed by the Commission (c) it contains less than 6 kilograms of fluorinated greenhouse gases listed in Annex I. deleted Amendment Or. en Amendment 267 Stelios Kympouropoulos, Dolors Montserrat, Dan-tefan Motreanu, Bartosz Arlukowicz, Pernille Weiss, Sara Skyttedal Proposal for a regulation Article 5 - paragraph 2 - subparagraph 1 - introductory part Text proposed by the Commission Amendment Paragraph 1 applies to operators of the following equipment that contains fluorinated greenhouse gases listed in Annex I or in Annex II, Section I: Paragraph 1 applies to operators of the following equipment that contains fluorinated greenhouse gases listed in Annex I or in Annex II, Section I, or other relevant alternatives to fluorinated gases: Or. en Justification This amendment goes further in the emission prevention or leak check and can have numerous benefits in terms of environmental protection, and energy efficiency, as non-fluorinated alternatives often have high GWP, or pose safety risks. Amendment 268 Stanislav Polck Proposal for a regulation Article 5 - paragraph 2 - subparagraph 1 - introductory part Text proposed by the Commission Amendment Odstavec 1 se vztahuje na provozovatele nsledujcch zazen, kter obsahuj fluorovan sklenkov plyny uveden v ploze I nebo v oddle I plohy II: Odstavec 1 se vztahuje na provozovatele nsledujcch zazen, kter obsahuj fluorovan sklenkov plyny uveden v ploze I nebo v oddle 1 plohy II: Or. cs Amendment 269 Nikolaj Villumsen Proposal for a regulation PR\1265051EN.docx 131/334 PE737.211v01-00 EN Article 5 - paragraph 2 - subparagraph 1 - point e Text proposed by the Commission (e) refrigeration units of refrigerated trucks and trailers; Amendment (e) refrigeration units of refrigerated trucks, trailers, vans and ships; Or. en Amendment 270 Gnther Sidl, Maria Arena Proposal for a regulation Article 5 - paragraph 2 - subparagraph 1 - point e Text proposed by the Commission (e) refrigeration units of refrigerated trucks and trailers; Amendment (e) refrigeration units of refrigerated vans, trucks, trailers and ships; Or. en Justification Mobile equipment often has high leakage rates due to vibrations during movement; the external preparatory study informing the impact assessment for this proposal found that leakage rates from operation of transport refrigeration are as follows: vans 28%, trucks and trailers 18% and ships 40%. Amendment 271 Stanislav Polck Proposal for a regulation Article 5 - paragraph 2 - subparagraph 1 - point e Text proposed by the Commission e) chladic jednotky chladrenskch nkladnch vozidel a pvs; Amendment e) chladic jednotky chladrenskch vozidel a pvs; Or. cs Amendment 272 Gnther Sidl, Maria Arena Proposal for a regulation Article 5 - paragraph 2 - subparagraph 1 - point e a (new) PE737.211v01-00 EN 132/334 PR\1265051EN.docx Text proposed by the Commission Amendment (e a) air-conditioning equipment in metros, trains, ships, planes and in road transport vehicles with the exception of those within the scope of Directive 2006/40/EC; Or. en Justification Mobile equipment often has high leakage rates due to vibrations during movement; the external preparatory study informing the impact assessment for this proposal found that leakage rates from mobile air-conditioning from sectors not covered by the MAC Directive span from 7% for metros and trains to 40% for passenger and cargo ships. Amendment 273 Nikolaj Villumsen Proposal for a regulation Article 5 - paragraph 2 - subparagraph 1 - point e a (new) Text proposed by the Commission Amendment (e a) air-conditioning equipment in metros, trains, ships, planes and in road transport vehicles with the exception of those within the scope of Directive 2006/40/EC; Or. en Amendment 274 Alexander Bernhuber Proposal for a regulation Article 5 - paragraph 3 - point a Text proposed by the Commission a) Einrichtungen, die fluorierte Treibhausgase gem Anhang I in einer Menge von weniger als 50 Tonnen CO2-quivalent oder fluorierte Treibhausgase gem Anhang II Gruppe 1 in einer Menge von weniger als 10 kg enthalten: mindestens alle 12 Monate oder, wenn ein Leckage-Erkennungssystem installiert ist, mindestens alle 24 Monate; Amendment a) Einrichtungen, die fluorierte Treibhausgase gem Anhang I in einer Menge von weniger als 50 Tonnen CO2-quivalent oder fluorierte Treibhausgase gem Anhang II Gruppe 1 in einer Menge von weniger als 10 kg enthalten: mindestens alle 24 Monate oder, wenn ein Leckage-Erkennungssystem installiert ist, mindestens alle 48 Monate; Or. de PR\1265051EN.docx 133/334 PE737.211v01-00 EN Justification Die verpflichtenden Dichtheitskontrollen sollen laut Entwurf auf einen greren Anwendungsbereich erweitert werden. Beispielsweise ist bei Heizungs-Wrmepumpen dadurch mit erhhten jhrlichen Kosten zu rechnen. Gleichzeitig herrscht in diesen Bereichen ein Mangel an Fachkrften, die ber die notwendige und rechtlich vorgesehene Sachkunde verfgen. Weiters fehlt eine detaillierte Begrndung fr diese Kontrollen, wir sehen keine technische Notwendigkeit, unreflektiert und flchendeckend prophylaktische Dichtheits-kontrollen durchzufhren. Amendment 275 Alexander Bernhuber Proposal for a regulation Article 5 - paragraph 3 - point b Text proposed by the Commission b) Einrichtungen, die fluorierte Treibhausgase gem Anhang I in einer Menge von mindestens 50 Tonnen und weniger als 500 Tonnen CO2-quivalent enthalten oder die fluorierte Treibhausgase gem Anhang II Gruppe 1 in einer Menge von 10 bis 100 kg enthalten: mindestens alle sechs Monate oder, wenn ein Leckage- Erkennungssystem installiert ist, mindestens alle 12 Monate; Amendment b) Einrichtungen, die fluorierte Treibhausgase gem Anhang I in einer Menge von mindestens 50 Tonnen und weniger als 500 Tonnen CO2-quivalent enthalten oder die fluorierte Treibhausgase gem Anhang II Gruppe 1 in einer Menge von 10 bis 100 kg enthalten: mindestens alle 12 Monate oder, wenn ein Leckage- Erkennungssystem installiert ist, mindestens alle 24 Monate; Or. de Amendment 276 Alexander Bernhuber Proposal for a regulation Article 5 - paragraph 3 - point c Text proposed by the Commission c) Einrichtungen, die fluorierte Treibhausgase gem Anhang I in einer Menge von mindestens 500 Tonnen CO2-quivalent oder fluorierte Treibhausgase gem Anhang II Gruppe 1 in einer Menge von mehr als 100 kg enthalten: mindestens alle drei Monate oder, wenn ein Leckage-Erkennungssystem installiert ist, mindestens alle sechs Monate. Amendment c) Einrichtungen, die fluorierte Treibhausgase gem Anhang I in einer Menge von mindestens 500 Tonnen CO2-quivalent oder fluorierte Treibhausgase gem Anhang II Gruppe 1 in einer Menge von mehr als 100 kg enthalten: mindestens alle sechs Monate oder, wenn ein Leckage-Erkennungssystem installiert ist, mindestens alle 12 Monate. Or. de PE737.211v01-00 EN 134/334 PR\1265051EN.docx Amendment 277 Stelios Kympouropoulos, Dolors Montserrat, Dan-tefan Motreanu, Bartosz Arlukowicz, Sara Skyttedal Proposal for a regulation Article 6 - paragraph 2 Text proposed by the Commission Amendment 2. Operators of the equipment listed in Article 5(2), points (f) and (g), and containing fluorinated greenhouse gases listed in Annex I in quantities of 500 tonnes of CO2 equivalent or more and installed from 1 January 2017, shall ensure that equipment is provided with a leakage detection system which alerts the operator or a service company of any leakage. 2. Operators of the equipment listed in Article 5(2), points (f) and (g), and containing fluorinated greenhouse gases listed in Annex I in quantities of 500 tonnes of CO2 equivalent or more and installed from 1 January 2017, shall ensure that equipment is provided with a leakage detection system which alerts the operator or a service company of any leakage. For the purposes of Article 5(2), point (g), the leakage detection system shall have a higher sensitivity than a pressure or density monitoring device. Or. en Amendment 278 Stanislav Polck Proposal for a regulation Article 6 - paragraph 4 Text proposed by the Commission 4. Provozovatel zazen uvedench v cl. 5 odst. 2 psm. g), na kter se vztahuje odstavec 2, zajist, aby systmy detekce nik byly kontrolovny nejmn jednou za sest let, aby bylo zajistno jejich dn fungovn. Amendment 4. Provozovatel zazen uvedench v cl. 5 odst. 2 psm. g), na kter se vztahuje odstavec 2, zajist, aby systmy detekce nik byly kontrolovny nejmn jednou za dva roky, aby bylo zajistno jejich dn fungovn. Or. cs Amendment 279 Stanislav Polck Proposal for a regulation Article 7 - paragraph 1 - point b Text proposed by the Commission b) mnozstv plyn doplnnch v prbhu instalace, drzby ci servisu, nebo v dsledku niku; Amendment b) mnozstv plyn doplnnch v prbhu instalace, drzby ci servisu, nebo v dsledku niku, vcetn pesnho casovho urcen takovho doplnn; PR\1265051EN.docx 135/334 PE737.211v01-00 EN Or. cs Amendment 280 Alexandr Vondra Proposal for a regulation Article 7 - paragraph 2 - subparagraph 1 - introductory part Text proposed by the Commission Amendment Unless the records referred to in paragraph 1 are stored in a database set up by the competent authorities of the Member States the following rules apply: The records referred to in paragraph 1 shall be stored in a database set up by the competent authorities of the Member States and the following rules apply: Or. en Amendment 281 Gnther Sidl, Maria Arena Proposal for a regulation Article 8 - paragraph 1 - subparagraph 1 Text proposed by the Commission Operators of stationary equipment or of refrigeration units of refrigerated trucks and trailers that contain fluorinated greenhouse gases listed in Annex I and Annex II, Section 1, not contained in foams, shall ensure that the recovery of those gases is carried out by natural persons that hold the relevant certificates provided for in Article 10, so and that those gases are recycled, reclaimed or destroyed. Amendment Operators of stationary equipment or of refrigeration units of refrigerated vans, trucks, trailers and ships that contain fluorinated greenhouse gases listed in Annex I and Annex II, Section 1, not contained in foams, shall ensure that the recovery of those gases is carried out by natural persons that hold the relevant certificates provided for in Article 10, so and that those gases are recycled, reclaimed or destroyed. Justification To be seen in conjunction with AM to Article 5 - paragraph 2 - subparagraph 1 - point e Or. en Amendment 282 Nikolaj Villumsen Proposal for a regulation Article 8 - paragraph 1 - subparagraph 1 PE737.211v01-00 EN 136/334 PR\1265051EN.docx Text proposed by the Commission Operators of stationary equipment or of refrigeration units of refrigerated trucks and trailers that contain fluorinated greenhouse gases listed in Annex I and Annex II, Section 1, not contained in foams, shall ensure that the recovery of those gases is carried out by natural persons that hold the relevant certificates provided for in Article 10, so and that those gases are recycled, reclaimed or destroyed. Amendment Operators of stationary equipment or of refrigeration units of refrigerated trucks, trailers, vans and ships that contain fluorinated greenhouse gases listed in Annex I and Annex II, Section 1, not contained in foams, shall ensure that the recovery of those gases is carried out by natural persons that hold the relevant certificates provided for in Article 10, so and that those gases are recycled, reclaimed or destroyed. Or. en Amendment 283 Bas Eickhout Proposal for a regulation Article 8 - paragraph 1 - subparagraph 1 Text proposed by the Commission Operators of stationary equipment or of refrigeration units of refrigerated trucks and trailers that contain fluorinated greenhouse gases listed in Annex I and Annex II, Section 1, not contained in foams, shall ensure that the recovery of those gases is carried out by natural persons that hold the relevant certificates provided for in Article 10, so and that those gases are recycled, reclaimed or destroyed. Amendment Operators of stationary equipment or of refrigeration units of refrigerated trucks and trailers that contain fluorinated greenhouse gases listed in Annex I and Annex II, not contained in foams, shall ensure that the recovery of those gases is carried out by natural persons that hold the relevant certificates provided for in Article 10, so and that those gases are recycled, reclaimed or destroyed. Or. en Justification It should be required to recover not only Annex I and Annex II, Section 1 gases, but also other Annex II gases, such as NF3 used as a chamber-cleaning gas in the manufacture of electronics. Amendment 284 Stanislav Polck Proposal for a regulation Article 8 - paragraph 1 - subparagraph 1 Text proposed by the Commission Provozovatel stacionrnch zazen nebo chladcch jednotek chladrenskch nkladnch vozidel a pvs, kter obsahuj fluorovan Amendment Provozovatel stacionrnch zazen nebo chladcch jednotek chladrenskch vozidel a pvs, kter obsahuj fluorovan sklenkov plyny PR\1265051EN.docx 137/334 PE737.211v01-00 EN sklenkov plyny uveden v ploze I a v oddle 1 plohy II v jin nez pnov form, zajist, aby znovuzskn tchto plyn provdly fyzick osoby, kter jsou drziteli pslusnch certifikt stanovench v clnku 10 s clem tyto plyny recyklovat, regenerovat nebo zneskodnit. uveden v ploze I a v oddle 1 plohy II v jin nez pnov form, zajist, aby znovuzskn tchto plyn provdly fyzick osoby, kter jsou drziteli pslusnch certifikt stanovench v clnku 10 s clem tyto plyny recyklovat, regenerovat nebo zneskodnit. Or. cs Amendment 285 Gnther Sidl, Maria Arena Proposal for a regulation Article 8 - paragraph 1 - subparagraph 2 - point b Text proposed by the Commission (b) the cooling circuits of refrigeration units of refrigerated trucks and trailers; Amendment (b) the cooling circuits of refrigeration units of refrigerated vans, trucks, trailers and ships; Or. en Amendment 286 Nikolaj Villumsen Proposal for a regulation Article 8 - paragraph 1 - subparagraph 2 - point b Text proposed by the Commission (b) the cooling circuits of refrigeration units of refrigerated trucks and trailers; Amendment (b) the cooling circuits of refrigeration units of refrigerated trucks, trailers, vans or ships; Or. en Amendment 287 Stanislav Polck Proposal for a regulation Article 8 - paragraph 1 - subparagraph 2 - point b Text proposed by the Commission b) chladicch okruh chladicch jednotek nebo chladrenskch nkladnch vozidel a pvs; Amendment b) chladicch okruh chladicch jednotek nebo chladrenskch vozidel a pvs; Or. cs PE737.211v01-00 EN 138/334 PR\1265051EN.docx Amendment 288 Stelios Kympouropoulos, Dolors Montserrat, Dan-tefan Motreanu, Bartosz Arlukowicz, Pernille Weiss, Sara Skyttedal Proposal for a regulation Article 8 - paragraph 2 Text proposed by the Commission Amendment 2. Any recovered fluorinated greenhouse gases listed in Annex I and Annex II, Section 1, shall not be used for filling or refilling equipment unless the gas has been recycled or reclaimed. 2. Any recovered fluorinated greenhouse gases listed in Annex I and Annex II, Section 1, shall not be used for filling or refilling other equipment unless the gas has been recycled or reclaimed. Or. en Amendment 289 Bas Eickhout Proposal for a regulation Article 8 - paragraph 2 Text proposed by the Commission 2. Any recovered fluorinated greenhouse gases listed in Annex I and Annex II, Section 1, shall not be used for filling or refilling equipment unless the gas has been recycled or reclaimed. Amendment 2. Any recovered fluorinated greenhouse gases listed in Annex I and Annex II shall not be used for filling or refilling equipment unless the gas has been recycled or reclaimed. Or. en Amendment 290 Bas Eickhout Proposal for a regulation Article 8 - paragraph 3 Text proposed by the Commission 3. The undertaking that uses a container with fluorinated greenhouse gases listed in Annex I and Annex II, Section 1, shall immediately prior to its disposal arrange for the recovery of any residual gases to make sure they are recycled, reclaimed or destroyed. Amendment 3. The undertaking that uses a container with fluorinated greenhouse gases listed in Annex I and Annex II shall immediately prior to its disposal arrange for the recovery of any residual gases to make sure they are recycled, reclaimed or destroyed. Or. en PR\1265051EN.docx 139/334 PE737.211v01-00 EN Amendment 291 Alexandr Vondra Proposal for a regulation Article 8 - paragraph 4 Text proposed by the Commission 4. As from 1 January 2024, building owners and contractors shall ensure that during renovation, refurbishing or demolition activities implying the removal of metal-faced panels that contain foams with fluorinated greenhouse gases listed in Annex I and Annex II, Section 1, the emissions are avoided to the extent possible by recovery for reuse or destruction of the foams and the gases contained therein. The recovery shall be carried out by appropriately qualified natural persons. Amendment 4. As from 1 January 2026, building owners and contractors shall ensure that during renovation, refurbishing or demolition activities implying the removal of metal-faced panels that contain foams with fluorinated greenhouse gases listed in Annex I and Annex II, Section 1, the emissions are avoided to the extent possible by recovery for reuse or destruction of the foams and the gases contained therein. The recovery shall be carried out by appropriately qualified natural persons. Or. en Amendment 292 Alexandr Vondra Proposal for a regulation Article 8 - paragraph 5 - subparagraph 1 Text proposed by the Commission As from 1 January 2024, building owners and contractors shall ensure that during renovation, refurbishing or demolition activities implying the removal of foams in laminated boards installed in cavities or built-up structures that contain fluorinated greenhouse gases listed in Annex I and Annex II, Section 1, the emissions are avoided to the extent possible by recovery for reuse or destruction of the foams and the gases contained therein. The recovery shall be carried out by appropriately qualified natural persons. Amendment As from 1 January 2026, building owners and contractors shall ensure that during renovation, refurbishing or demolition activities implying the removal of foams in laminated boards installed in cavities or built-up structures that contain fluorinated greenhouse gases listed in Annex I and Annex II, Section 1, the emissions are avoided to the extent possible by recovery for reuse or destruction of the foams and the gases contained therein. The recovery shall be carried out by appropriately qualified natural persons. Or. en Amendment 293 Stelios Kympouropoulos, Dolors Montserrat, Dan-tefan Motreanu, Bartosz Arlukowicz, Sara Skyttedal Proposal for a regulation PE737.211v01-00 EN 140/334 PR\1265051EN.docx Article 8 - paragraph 6 - subparagraph 1 Text proposed by the Commission Operators of products and equipment not listed in paragraphs 1, 6 and 7 that contain fluorinated greenhouse gases listed in Annex I and Annex II, Section 1, shall arrange for the recovery of the gases, unless it can be established that it is not technically feasible or entails disproportionate costs. The operators shall ensure that the recovery is carried out by appropriately qualified natural persons, so that the gases are recycled, reclaimed or destroyed or shall arrange for their destruction without prior recovery. Amendment Operators of products and equipment not listed in paragraphs 1, 6 and 7 that contain fluorinated greenhouse gases listed in Annex I and Annex II, Section 1, shall arrange for the recovery of the gases, unless it can be established that it is not technically feasible. The operators shall ensure that the recovery is carried out by appropriately qualified natural persons, so that the gases are recycled, reclaimed or destroyed or shall arrange for their destruction without prior recovery. Or. en Amendment 294 Bas Eickhout Proposal for a regulation Article 8 - paragraph 6 - subparagraph 1 Text proposed by the Commission Operators of products and equipment not listed in paragraphs 1, 6 and 7 that contain fluorinated greenhouse gases listed in Annex I and Annex II, Section 1, shall arrange for the recovery of the gases, unless it can be established that it is not technically feasible or entails disproportionate costs. The operators shall ensure that the recovery is carried out by appropriately qualified natural persons, so that the gases are recycled, reclaimed or destroyed or shall arrange for their destruction without prior recovery. Amendment Operators of products and equipment not listed in paragraphs 1, 6 and 7 that contain fluorinated greenhouse gases listed in Annex I and Annex II shall arrange for the recovery of the gases, unless it can be established that it is not technically feasible or entails disproportionate costs. The operators shall ensure that the recovery is carried out by appropriately qualified natural persons, so that the gases are recycled, reclaimed or destroyed or shall arrange for their destruction without prior recovery. Or. en Amendment 295 Nikolaj Villumsen Proposal for a regulation Article 8 - paragraph 8 Text proposed by the Commission 8. The Commission is empowered to adopt delegated acts in accordance with Article 32 to Amendment 8. The Commission is empowered to adopt delegated acts in accordance with Article 32 to PR\1265051EN.docx 141/334 PE737.211v01-00 EN supplement this Regulation by establishing a list of products and equipment for which the recovery of fluorinated greenhouse gases listed in Annex I and Annex II, Section 1, or destruction of products and equipment containing such gases without prior recovery of these gases shall be considered technically and economically feasible, specifying, if appropriate, the technologies to be applied. supplement this Regulation by establishing a list of products and equipment for which the recovery of fluorinated greenhouse gases listed in Annex I and Annex II, or destruction of products and equipment containing such gases without prior recovery of these gases shall be considered technically and economically feasible, specifying, if appropriate, the technologies to be applied. Or. en Amendment 296 Stelios Kympouropoulos, Dolors Montserrat, Dan-tefan Motreanu, Bartosz Arlukowicz, Sara Skyttedal Proposal for a regulation Article 8 - paragraph 8 Text proposed by the Commission Amendment 8. The Commission is empowered to adopt delegated acts in accordance with Article 32 to supplement this Regulation by establishing a list of products and equipment for which the recovery of fluorinated greenhouse gases listed in Annex I and Annex II, Section 1, or destruction of products and equipment containing such gases without prior recovery of these gases shall be considered technically and economically feasible, specifying, if appropriate, the technologies to be applied. 8. The Commission is empowered to adopt delegated acts in accordance with Article 32 to supplement this Regulation by establishing a list of products and equipment for which the recovery of fluorinated greenhouse gases listed in Annex I and Annex II, or destruction of products and equipment containing such gases without prior recovery of these gases shall be considered technically and economically feasible, specifying, if appropriate, the technologies to be applied. Or. en Amendment 297 Gnther Sidl, Maria Arena Proposal for a regulation Article 8 - paragraph 8 Text proposed by the Commission 8. The Commission is empowered to adopt delegated acts in accordance with Article 32 to supplement this Regulation by establishing a list of products and equipment for which the recovery of fluorinated greenhouse gases listed in Annex I and Annex II, Section 1, or destruction of products and equipment containing such gases without prior recovery of these gases shall be considered technically and economically feasible, specifying, if appropriate, the technologies to be applied. Amendment 8. The Commission is empowered to adopt delegated acts in accordance with Article 32 to supplement this Regulation by establishing a list of products and equipment for which the recovery of fluorinated greenhouse gases listed in Annex I and Annex II, or destruction of products and equipment containing such gases without prior recovery of these gases shall be considered technically and economically feasible, specifying, if appropriate, the technologies to be applied. PE737.211v01-00 EN 142/334 PR\1265051EN.docx Or. en Justification Annex II Sections 2 and 3 contain fluorinated greenhouse gases with GWPs ranging from 702 to 13,400. It is incumbent on the EU to promote recovery and destruction of these gases wherever possible. Amendment 298 Stanislav Polck Proposal for a regulation Article 8 - paragraph 9 Text proposed by the Commission 9. Clensk stty podporuj znovuzskvn, recyklaci, regeneraci a zneskodnn fluorovanch sklenkovch plyn uvedench v ploze I a v oddle 1 plohy II. Amendment 9. Clensk stty pijmou vhodn opaten za celem podpory znovuzskvn, recyklace, regenerace a zneskodnn fluorovanch sklenkovch plyn uvedench v ploze I a v oddle 1 plohy II. Or. cs Amendment 299 Gnther Sidl, Maria Arena Proposal for a regulation Article 8 - paragraph 9 Text proposed by the Commission 9. Member States shall promote the recovery, recycling, reclamation and destruction of fluorinated greenhouse gases listed in Annex I and Annex II, Section 1. Amendment 9. Member States shall promote the recovery, recycling, reclamation and destruction of fluorinated greenhouse gases listed in Annex I and Annex II. Or. en Justification Annex II Sections 2 and 3 contain fluorinated greenhouse gases with GWPs ranging from 702 to 13 400. It is incumbent on the EU to promote recovery and destruction of these gases wherever possible. Amendment 300 Nikolaj Villumsen Proposal for a regulation Article 8 - paragraph 9 PR\1265051EN.docx 143/334 PE737.211v01-00 EN Text proposed by the Commission 9. Member States shall promote the recovery, recycling, reclamation and destruction of fluorinated greenhouse gases listed in Annex I and Annex II, Section 1. Amendment 9. Member States shall promote the recovery, recycling, reclamation and destruction of fluorinated greenhouse gases listed in Annex I and Annex II. Or. en Amendment 301 Nikolaj Villumsen Proposal for a regulation Article 9 - title Text proposed by the Commission Producer responsibility schemes Amendment Extended producer responsibility schemes Or. en Amendment 302 Gnther Sidl, Maria Arena Proposal for a regulation Article 9 - title Text proposed by the Commission Producer responsibility schemes Amendment Extended producer responsibility schemes Or. en Amendment 303 Nicola Procaccini Proposal for a regulation Article 9 - paragraph 1 Text proposed by the Commission Without prejudice to existing Union legislation, Member States shall encourage the development of producer responsi bility schemes for the recovery of fluorinated greenhouse gases listed in Annexes I and II and their recycling, reclamation or Amendment Without prejudice to existing Union legislation, Member States shall ensure the existence of producer responsibility schemes for the recovery of fluorinated greenhouse gases listed in Annexes I and II and their recycling, reclamation or destruction, taking into account already PE737.211v01-00 EN 144/334 PR\1265051EN.docx destruction. applicable producer responsibility schemes. Or. en Justification Producer responsibility schemes are essential to the proper recovering, recycling and reclaiming of F-gases. Currently, their application varies widely across EU Member States. It is highly important for the further reduction of F-gas emissions that all MS have effective schemes in place. Amendment 304 Stelios Kympouropoulos, Dolors Montserrat, Dan-tefan Motreanu, Bartosz Arlukowicz, Pernille Weiss, Sara Skyttedal Proposal for a regulation Article 9 - paragraph 1 Text proposed by the Commission Amendment Without prejudice to existing Union legislation, Member States shall encourage the development of producer responsi bility schemes for the recovery of fluorinated greenhouse gases listed in Annexes I and II and their recycling, reclamation or destruction. Without prejudice to existing Union legislation, Member States shall ensure the development of producer responsi-bility schemes for the recovery of fluorinated greenhouse gases listed in Annexes I and II and their recycling, reclamation or destruction, taking into account already applicable producer responsibility schemes. Or. en Justification Recovery schemes for electrical and electronic equipment containing f-gases already exist under the Directive for Waste from Electrical and Electronic Equipment (WEEE) (2012/19/EU). However, the recovery of f-gasses itself should also be promoted as this would help preventing further f-gas emissions and stimulate a circular economy of refrigerants. Amendment 305 Stanislav Polck Proposal for a regulation Article 9 - paragraph 1 Text proposed by the Commission Aniz jsou dotceny stvajc prvn pedpisy Unie, clensk stty podporuj vytvoen rezim odpovdnosti vrobce, pokud jde o znovuzskvn fluorovanch sklenkovch plyn uvedench v plohch I a II a jejich recyklaci, regeneraci nebo Amendment Aniz jsou dotceny stvajc prvn pedpisy Unie, clensk stty pijmou vhodn opaten za celem vytvoen rezim odpovdnosti vrobce, pokud jde o znovuzskvn fluorovanch sklenkovch plyn uvedench v plohch I a II a jejich recyklaci, PR\1265051EN.docx 145/334 PE737.211v01-00 EN zneskodnn. regeneraci nebo zneskodnn. Or. cs Amendment 306 Gnther Sidl, Maria Arena Proposal for a regulation Article 9 - paragraph 1 Text proposed by the Commission Without prejudice to existing Union legislation, Member States shall encourage the development of producer responsi bility schemes for the recovery of fluorinated greenhouse gases listed in Annexes I and II and their recycling, reclamation or destruction. Amendment Without prejudice to existing Union legislation, Member States shall require that by 31 December 2027 extended producer responsibility schemes are established for the recovery, recycling, reclamation or destruction of fluorinated greenhouse gases listed in Annexes I and II. Or. en Justification The EU should set out some minimum requirements for collection, reclamation, recycling, disposal facilities, equipment provision to certified technicians, reporting and awareness-raising. According to the evaluation report that accompanied the impact assessment for this proposal, just four Member States confirmed that a producer responsibility scheme was in place and two Member States declared that a scheme was planned. In recent years, however, EPR has become a mainstream EU policy approach, most significantly with the revision of the Waste Framework Directive (WFD). Amendment 307 Nikolaj Villumsen Proposal for a regulation Article 9 - paragraph 1 Text proposed by the Commission Without prejudice to existing Union legislation, Member States shall encourage the development of producer responsi bility schemes for the recovery of fluorinated greenhouse gases listed in Annexes I and II and their recycling, reclamation or destruction. Amendment Without prejudice to existing Union legislation, Member States shall by 31 December 2027 establish extended producer responsi-bility schemes for the recovery of fluorinated greenhouse gases listed in Annexes I and II and their recycling, reclamation or destruction. Or. en Amendment 308 PE737.211v01-00 EN 146/334 PR\1265051EN.docx Nikolaj Villumsen Proposal for a regulation Article 9 - paragraph 1 a (new) Text proposed by the Commission Amendment The Commission shall, by 31 December 2025, adopt delegated acts in accordance with Article 32 to supplement this Regulation by setting out minimum requirements for the extended producer responsibility schemes referred to in paragraph 1, including on collection, reclamation, recycling, disposal facilities, equipment provision to certified technicians, reporting and awareness raising. Or. en Amendment 309 Gnther Sidl, Maria Arena Proposal for a regulation Article 9 - paragraph 1 a (new) Text proposed by the Commission Amendment The Commission shall, by 31 December 2025, adopt delegated acts in accordance with Article 32 to supplement this Regulation by setting out minimum requirements for the producer responsibility schemes referred to in paragraph 1, including on collection, reclamation, recycling, disposal facilities, equipment provision to certified technicians, reporting and awareness raising. Or. en Justification The EU should set out some minimum requirements for collection, reclamation, recycling, disposal facilities, equipment provision to certified technicians, reporting and awareness-raising. According to the evaluation report that accompanied the impact assessment for this proposal, just four Member States confirmed that a producer responsibility scheme was in place and two Member States declared that a scheme was planned. In recent years, however, EPR has become a mainstream EU policy approach, most significantly with the revision of the Waste Framework Directive (WFD). Amendment 310 Gnther Sidl, Maria Arena Proposal for a regulation PR\1265051EN.docx 147/334 PE737.211v01-00 EN Article 9 - paragraph 1 b (new) Text proposed by the Commission Amendment Member States shall ensure that producers and importers of fluorinated greenhouse gases listed in Annexes I and II cover the costs pursuant to the extended producer responsibility provisions in Directive 2008/98/EC of the European Parliament and of the Council and, insofar as not already included, cover at least the following costs: (a) the costs of collection, including the provision of accessible collection points, storage and transport; (b) the costs of recycling units for natural persons certified in accordance with Article 10 for the purposes of onsite recycling. Or. en Justification The EU should set out some minimum requirements for collection, reclamation, recycling, disposal facilities, equipment provision to certified technicians, reporting and awareness-raising. According to the evaluation report that accompanied the impact assessment for this proposal, just four Member States confirmed that a producer responsibility scheme was in place and two Member States declared that a scheme was planned. In recent years, however, EPR has become a mainstream EU policy approach, most significantly with the revision of the Waste Framework Directive (WFD). Amendment 311 Nikolaj Villumsen Proposal for a regulation Article 9 - paragraph 1 b (new) Text proposed by the Commission Amendment Member States shall ensure that producers and importers of fluorinated greenhouse gases listed in Annex I and II cover the costs pursuant to the extended producer responsibility provisions in Directive 2008/98/EC of the European Parliament and of the Council. Or. en Amendment 312 Gnther Sidl, Maria Arena PE737.211v01-00 EN 148/334 PR\1265051EN.docx Proposal for a regulation Article 9 - paragraph 2 Text proposed by the Commission Member States shall inform the Commission on the actions undertaken. deleted Amendment Or. en Amendment 313 Nikolaj Villumsen Proposal for a regulation Article 9 - paragraph 2 Text proposed by the Commission Member States shall inform the Commission on the actions undertaken. deleted Amendment Or. en Amendment 314 Bas Eickhout Proposal for a regulation Article 10 - paragraph 1 - introductory part Text proposed by the Commission 1. Member States shall, on the basis of the minimum requirements referred to in paragraph 5, establish or adapt certification programmes, including evaluation processes, and ensure that training on practical skills and theoretical knowledge is available for natural persons carrying out the following tasks involving fluorinated greenhouse gases listed in Annex I and Annex II, Section 1 and other relevant alternatives to fluorinated greenhouse gases: Amendment 1. Member States shall, on the basis of the minimum requirements referred to in paragraph 5, establish or adapt certification programmes, including evaluation processes, and ensure that training on practical skills and theoretical knowledge is available for natural persons carrying out the following tasks involving fluorinated greenhouse gases listed in Annex I and Annex II and other relevant alternatives to fluorinated greenhouse gases: Or. en Amendment 315 Stelios Kympouropoulos, Dolors Montserrat, Dan-tefan Motreanu, Bartosz Arlukowicz, Pernille Weiss, Sara Skyttedal PR\1265051EN.docx 149/334 PE737.211v01-00 EN Proposal for a regulation Article 10 - paragraph 2 Text proposed by the Commission 2. Member States shall ensure that training programmes for natural persons recovering fluorinated greenhouse gases listed in Annex I and Annex II, Section I from air-conditioning equipment in motor vehicles falling within the scope of Directive 2006/40/EC of the European Parliament and of the Council42 are available, pursuant to paragraph 5. _________________ 42 Directive 2006/40/EC of the European Parliament and of the Council of 17 May 2006 relating to emissions from air conditioning systems in motor vehicles and amending Council Directive 70/156/EEC (OJ L 161, 14.6.2006, p. 12). Amendment 2. Member States shall ensure that training programmes for natural persons recovering fluorinated greenhouse gases listed in Annex I and Annex II, Section I, and other relevant alternatives to fluorinated greenhouse gases, from air- conditioning equipment in motor vehicles falling within the scope of Directive 2006/40/EC of the European Parliament and of the Council42 are available, pursuant to paragraph 5. _________________ 42 Directive 2006/40/EC of the European Parliament and of the Council of 17 May 2006 relating to emissions from air conditioning systems in motor vehicles and amending Council Directive 70/156/EEC (OJ L 161, 14.6.2006, p. 12). Or. en Amendment 316 Nikolaj Villumsen Proposal for a regulation Article 10 - paragraph 2 Text proposed by the Commission 2. Member States shall ensure that training programmes for natural persons recovering fluorinated greenhouse gases listed in Annex I and Annex II, Section I from air-conditioning equipment in motor vehicles falling within the scope of Directive 2006/40/EC of the European Parliament and of the Council42 are available, pursuant to paragraph 5. _________________ 42 Directive 2006/40/EC of the European Parliament and of the Council of 17 May 2006 relating to emissions from air conditioning systems in motor vehicles and amending Council Directive 70/156/EEC (OJ L 161, 14.6.2006, p. 12). Amendment 2. Member States shall ensure that training programmes for natural persons recovering fluorinated greenhouse gases listed in Annex I and Annex II, Section I and other relevant alternatives from air-conditioning equipment in motor vehicles falling within the scope of Directive 2006/40/EC of the European Parliament and of the Council42 are available, pursuant to paragraph 5. _________________ 42 Directive 2006/40/EC of the European Parliament and of the Council of 17 May 2006 relating to emissions from air conditioning systems in motor vehicles and amending Council Directive 70/156/EEC (OJ L 161, 14.6.2006, p. 12). Or. en PE737.211v01-00 EN 150/334 PR\1265051EN.docx Amendment 317 Gnther Sidl, Maria Arena Proposal for a regulation Article 10 - paragraph 2 Text proposed by the Commission 2. Member States shall ensure that training programmes for natural persons recovering fluorinated greenhouse gases listed in Annex I and Annex II, Section I from air-conditioning equipment in motor vehicles falling within the scope of Directive 2006/40/EC of the European Parliament and of the Council42 are available, pursuant to paragraph 5. _________________ 42 Directive 2006/40/EC of the European Parliament and of the Council of 17 May 2006 relating to emissions from air conditioning systems in motor vehicles and amending Council Directive 70/156/EEC (OJ L 161, 14.6.2006, p. 12). Amendment 2. Member States shall ensure that training programmes for natural persons recovering fluorinated greenhouse gases listed in Annex I and Annex II, Section I and relevant alternatives from air-conditioning equipment in motor vehicles falling within the scope of Directive 2006/40/EC of the European Parliament and of the Council42 are available, pursuant to paragraph 5. _________________ 42 Directive 2006/40/EC of the European Parliament and of the Council of 17 May 2006 relating to emissions from air conditioning systems in motor vehicles and amending Council Directive 70/156/EEC (OJ L 161, 14.6.2006, p. 12). Or. en Amendment 318 Stanislav Polck Proposal for a regulation Article 10 - paragraph 3 - introductory part Text proposed by the Commission 3. Certifikacn programy a skolen stanoven v odstavcch 1 a 2 mus zahrnovat: Amendment 3. Certifikacn programy a skolen stanoven v odstavcch 1 a 2 mus zahrnovat minimln: Or. cs Amendment 319 Stelios Kympouropoulos, Dolors Montserrat, Dan-tefan Motreanu, Bartosz Arlukowicz, Pernille Weiss, Sara Skyttedal Proposal for a regulation Article 10 - paragraph 3 - point e Text proposed by the Commission Amendment (e) energy efficiency aspects. (e) installation and maintenance of equipment to improve the energy efficiency and PR\1265051EN.docx 151/334 PE737.211v01-00 EN heat recovery aspects. Or. en Amendment 320 Danilo Oscar Lancini Proposal for a regulation Article 10 - paragraph 3 - point e Text proposed by the Commission (e) energy efficiency aspects. Amendment (e) energy efficiency aspects and heat recovery aspects. Or. en Amendment 321 Gnther Sidl, Maria Arena Proposal for a regulation Article 10 - paragraph 3 - point e a (new) Text proposed by the Commission Amendment (e a) certification for natural refrigerants (their characteristics and benefits compared to the use of fluorinated greenhouse gases, and their safe handling during installation, servicing, maintenance, repair and decommissioning). Or. en Justification It is important to clarify that certification must be available not only for f-gases but also for the use of natural alternatives, which have different characteristics compared to f-gases and must be handled differently. Amendment 322 Stanislav Polck Proposal for a regulation Article 10 - paragraph 6 Text proposed by the Commission 6. Clensk stty na zklad minimlnch pozadavk uvedench v odstavci 5 zavedou nebo Amendment 6. Clensk stty na zklad minimlnch pozadavk uvedench v odstavci 5 zavedou nebo PE737.211v01-00 EN 152/334 PR\1265051EN.docx uprav certifikacn programy pro podniky provdjc instalaci, servis, drzbu, opravu nebo vyazen z provozu v ppad zazen uvedench v cl. 5 odst. 2 psm. a) az f), kter obsahuj fluorovan sklenkov plyny uveden v ploze I a v oddle I plohy II, a dals pslusn alternativy fluorovanch sklenkovch plyn pro tet strany. uprav certifikacn programy pro podniky provdjc pro tet strany instalaci, servis, drzbu, opravu nebo vyazen z provozu v ppad zazen uvedench v cl. 5 odst. 2 psm. a) az f), kter obsahuj fluorovan sklenkov plyny uveden v ploze I a v oddle 1 plohy II, a dals pslusn alternativy fluorovanch sklenkovch plyn. Or. cs Amendment 323 Stelios Kympouropoulos, Dolors Montserrat, Dan-tefan Motreanu, Bartosz Arlukowicz, Sara Skyttedal Proposal for a regulation Article 10 - paragraph 6 a (new) Text proposed by the Commission Amendment 6 a. The Member States shall establish or adapt certification schemes and training programmes pursuant to paragraphs 1, 2, 3 and 6 within six months from entry into force of this regulation. Justification Installers, trained and certified, are urgently required throughout Europe. Or. en Amendment 324 Alexandr Vondra Proposal for a regulation Article 10 - paragraph 6 a (new) Text proposed by the Commission Amendment 6 a. The Member States shall establish or adapt certification schemes and training programmes pursuant to paragraphs 1, 2, 3 and 6 within six months from entry into force of this regulation. Or. en Amendment 325 Stelios Kympouropoulos, Dolors Montserrat, Dan-tefan Motreanu, Bartosz Arlukowicz, Pernille Weiss, Sara PR\1265051EN.docx 153/334 PE737.211v01-00 EN Skyttedal Proposal for a regulation Article 10 - paragraph 7 Text proposed by the Commission 7. Existing certificates and training attestations issued in accordance with Regulation (EU) No 517/2014 shall remain valid, in accordance with the conditions under which they were originally issued. Amendment 7. Existing training attestations issued in accordance with Regulation (EU) No 517/2014 shall remain valid, in accordance with the conditions under which they were originally issued. The validity of existing certificates may be subject to additional requirements to reflect the extension of the certification scheme to other relevant alternatives to fluorinated greenhouse gases. Or. en Amendment 326 Nikolaj Villumsen Proposal for a regulation Article 10 - paragraph 8 - subparagraph 1 Text proposed by the Commission By 1 January [OP, please insert the date = one year following the entry into force of this Regulation] Member States shall notify the Commission of certification and training programmes. Amendment By 1 January [OP, please insert the date = one year following the entry into force of this Regulation] Member States shall notify the Commission of certification and training programmes and the number of certified and trained persons for fluorinated greenhouse gases and the relevant alternatives in each sector. Where certification and training for the relevant alternatives fall below a minimum threshold, Member States shall accompany the notification with a plan, compiled in consultation with the social partners, setting out actions to increase certification and training on the relevant alternatives as from the following calendar year. Or. en Amendment 327 Gnther Sidl, Maria Arena Proposal for a regulation Article 10 - paragraph 8 - subparagraph 1 PE737.211v01-00 EN 154/334 PR\1265051EN.docx Text proposed by the Commission By 1 January [OP, please insert the date = one year following the entry into force of this Regulation] Member States shall notify the Commission of certification and training programmes. Amendment By 1 January [OP, please insert the date = one year following the entry into force of this Regulation] Member States shall notify the Commission of certification and training programmes and the number of certified and trained persons for fluorinated greenhouse gases and the relevant alternatives in each sector. Member States shall accompany the notification with a plan to setting out actions to increase certification and training on the relevant alternatives during the upcoming calendar year. Or. en Amendment 328 Alexandr Vondra Proposal for a regulation Article 10 - paragraph 8 - subparagraph 1 Text proposed by the Commission By 1 January [OP, please insert the date = one year following the entry into force of this Regulation] Member States shall notify the Commission of certification and training programmes. Amendment By 1 January [OP, please insert the date = three years following the entry into force of this Regulation] Member States shall notify the Commission of certification and training programmes. Or. en Amendment 329 Stanislav Polck Proposal for a regulation Article 10 - paragraph 8 - subparagraph 2 Text proposed by the Commission Clensk stty uznvaj certifikty a osvdcen o skolen vydan jinm clenskm sttem v souladu s tmto clnkem. Neomezuj voln pohyb sluzeb ani svobodu usazovn z dvodu, ze byl certifikt vydn v jinm clenskm stt. Amendment Clensk stty uznvaj certifikty a osvdcen o skolen vydan jinm clenskm sttem v souladu s tmto clnkem. Neomezuj voln pohyb sluzeb ani svobodu usazovn z dvodu, ze byl certifikt vydn v jinm clenskm stt, s vjimkou situace, kdy je dan certifikt vydn v jinm clenskm stt za podmnek, kter jsou ve zjevnm rozporu s ustanovenmi tohoto nazen. PR\1265051EN.docx 155/334 Or. cs PE737.211v01-00 EN Amendment 330 Nikolaj Villumsen Proposal for a regulation Article 10 - paragraph 9 Text proposed by the Commission 9. The Commission may, by means of implementing acts, determine the format of the notification referred to in paragraph 8. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 34(2). Amendment 9. The Commission shall, by means of implementing acts, determine the minimum threshold and format of the notification referred to in paragraph 8. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 34(2). Or. en Amendment 331 Gnther Sidl, Maria Arena Proposal for a regulation Article 10 - paragraph 9 Text proposed by the Commission 9. The Commission may, by means of implementing acts, determine the format of the notification referred to in paragraph 8. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 34(2). Amendment 9. The Commission shall, by means of implementing acts, determine the format and targets of both the notification and the plan. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 34(2). Or. en Justification Training is the key bottleneck for the deployment of the 10millions heat pumps envisaged by the Repower EU Plan. The relatively low availability of certified persons on natural refrigerants, particularly in the HVAC sector, could jeopardize the RepowerEU heat pumps objective. A generic call for higher training levels is not enough though, to accelerate the pace of change. Making use, inter alia, of the needed funds to be retrieved via the allocation fee, Members States should put in place national plans to reach 100% trained professionals on all available refrigerants by 2030. Amendment 332 Martin Hojsk, Michal Wiezik Proposal for a regulation Article 10 - paragraph 9 PE737.211v01-00 EN 156/334 PR\1265051EN.docx Text proposed by the Commission 9. The Commission may, by means of implementing acts, determine the format of the notification referred to in paragraph 8. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 34(2). Amendment 9. The Commission shall, by means of implementing acts, determine the format of the notification referred to in paragraph 8. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 34(2). Or. en Amendment 333 Stanislav Polck Proposal for a regulation Article 10 - paragraph 10 Text proposed by the Commission 10. Kazd podnik, kter svuje kol uveden v odstavci 1 jinmu podniku, pijme pimen kroky k tomu, aby zajistil, ze tento druh podnik je pro pozadovan koly drzitelem nezbytnch certifikt uvedench v odstavci 1. Amendment 10. Svit kol podle odstavce 1 jinmu podniku mze podnik pouze po oven, ze tento jin podnik je pro pozadovan koly drzitelem nezbytnch certifikt uvedench v odstavci 1. Or. cs Amendment 334 Stanislav Polck Proposal for a regulation Article 10 - paragraph 12 Text proposed by the Commission 12. Tento clnek nebrn clenskm sttm v zavdn dalsch certifikacnch a skolicch program tkajcch se jinch zazen, nez kter jsou uvedena v odstavci 1. Amendment 12. Tento clnek nebrn clenskm sttm v zavdn dalsch certifikacnch a skolicch program tkajcch se jinch kol, nez kter jsou uvedeny v odstavci 1. Or. cs Amendment 335 Alexandr Vondra, Nicola Procaccini, Pietro Fiocchi Proposal for a regulation Article 11 - paragraph 1 - subparagraph 1 PR\1265051EN.docx 157/334 PE737.211v01-00 EN Text proposed by the Commission The placing on the market of products and equipment, including parts thereof, listed in Annex IV, with an exemption for military equipment, shall be prohibited from the date specified in that Annex, differentiating, where applicable, according to the type or global warming potential of the gas contained. Amendment The placing on the market of products and equipment listed in Annex IV, with an exemption for military equipment, shall be prohibited from the date specified in that Annex, differentiating, where applicable, according to the type or global warming potential of the gas contained. The date of placing on the market shall be referring to the planned delivery date as specified in the purchase contract. Or. en Amendment 336 Christian Doleschal Proposal for a regulation Article 11 - paragraph 1 - subparagraph 1 Text proposed by the Commission The placing on the market of products and equipment, including parts thereof, listed in Annex IV, with an exemption for military equipment, shall be prohibited from the date specified in that Annex, differentiating, where applicable, according to the type or global warming potential of the gas contained. Amendment The placing on the market of products and equipment, listed in Annex IV, with an exemption for military equipment, shall be prohibited from the date specified in that Annex, differentiating, where applicable, according to the type or global warming potential of the gas contained. The decisive date is the contractually assured delivery date. Or. en Amendment 337 Stelios Kympouropoulos, Dolors Montserrat, Dan-tefan Motreanu, Bartosz Arlukowicz, Pernille Weiss, Sara Skyttedal Proposal for a regulation Article 11 - paragraph 1 - subparagraph 1 Text proposed by the Commission Amendment The placing on the market of products and equipment, including parts thereof, listed in Annex IV, with an exemption for military equipment, shall be prohibited from the date specified in that Annex, differentiating, where applicable, according to the type or global warming potential of the gas contained. The placing on the market of products and equipment, listed in Annex IV, including parts thereof after 15 years of the date listed, with an exemption for military equipment, shall be prohibited from the date specified in that Annex, differentiating, where applicable, according to the type or global warming potential of the gas PE737.211v01-00 EN 158/334 PR\1265051EN.docx contained. Or. en Justification Including parts of products and equipment listed in Annex IV to the placing on the market prohibitions, without any time limitation, would impair the repair and upgrading of existing equipment on the market, which will result in a huge increase of waste and environmental damage, and this goes fully against the objective of this regulation. The period of 15 years will give room for maintenance or repair of existing equipment but not for infinite reparability. Amendment 338 Nikolaj Villumsen Proposal for a regulation Article 11 - paragraph 1 - subparagraph 1 Text proposed by the Commission The placing on the market of products and equipment, including parts thereof, listed in Annex IV, with an exemption for military equipment, shall be prohibited from the date specified in that Annex, differentiating, where applicable, according to the type or global warming potential of the gas contained. Amendment The placing on the market of products and equipment, including parts thereof, listed in Annex IV, shall be prohibited from the date specified in that Annex, differentiating, where applicable, according to the type or global warming potential of the gas contained. Or. en Amendment 339 Agns Evren Proposal for a regulation Article 11 - paragraph 1 - subparagraph 1 Text proposed by the Commission La mise sur le march de produits et d'quipements, ainsi que de parties de ceux-ci, numrs l'annexe IV, l'exception des quipements militaires, est interdite compter de la date spcifie dans ladite annexe avec, le cas chant, des distinctions en fonction du type de gaz qu'ils contiennent ou du potentiel de rchauffement plantaire de ce gaz. Amendment La mise sur le march de produits et d'quipements, numrs l'annexe IV, l'exception des quipements militaires, est interdite compter de la date spcifie dans ladite annexe avec, le cas chant, des distinctions en fonction du type de gaz qu'ils contiennent ou du potentiel de rchauffement plantaire de ce gaz. Or. fr PR\1265051EN.docx 159/334 PE737.211v01-00 EN Amendment 340 Alexander Bernhuber Proposal for a regulation Article 11 - paragraph 1 - subparagraph 1 Text proposed by the Commission Das Inverkehrbringen der in Anhang IV aufgefhrten Erzeugnisse und Einrichtungen, einschlielich Teilen davon, auer Militrausrstung, ist ab dem in diesem Anhang angegebenen Zeitpunkt untersagt, wobei gegebenenfalls nach der Art oder dem Treibhausgaspotenzial des enthaltenen Gases differenziert wird. Amendment Das Inverkehrbringen der in Anhang IV aufgefhrten Erzeugnisse und Einrichtungen, auer Militrausrstung, ist ab dem in diesem Anhang angegebenen Zeitpunkt untersagt, wobei gegebenenfalls nach der Art oder dem Treibhausgaspotenzial des enthaltenen Gases differenziert wird. Or. de Justification Aus dem Blickwinkel der Ressourceneffizienz und des Trends in Richtung ,,Right to Repair" muss eine Reparierfhigkeit von Installationen/Erzeugnissen ber deren gesamte Lebensdauer gewhrleistet sein. In diesem Kontext sind Verbote des Inverkehrbringens von Ersatzteilen kontraproduktiv. Solche Regelung htten in manchen Konstellationen zur Folge, dass der Austausch defekter Bauteile verboten wre, obwohl die Gesamtanlage in einem einwandfreien Zustand ist. Amendment 341 Nicola Procaccini, Pietro Fiocchi Proposal for a regulation Article 11 - paragraph 1 - subparagraph 1 Text proposed by the Commission The placing on the market of products and equipment, including parts thereof, listed in Annex IV, with an exemption for military equipment, shall be prohibited from the date specified in that Annex, differentiating, where applicable, according to the type or global warming potential of the gas contained. Amendment The placing on the market of products and equipment listed in Annex IV, with an exemption for military equipment, shall be prohibited from the date specified in that Annex, differentiating, where applicable, according to the type or global warming potential of the gas contained. Or. en Justification The wording 'including parts thereof' in the placing on the market prohibitions would extend the prohibition also to spare parts for existing equipment, effectively making it impossible to repair and upgrade existing equipment on the market, which would result in large amounts of waste, which clearly contradicts the circular economy and the goals of durability and reparability of sustainable products. PE737.211v01-00 EN 160/334 PR\1265051EN.docx Amendment 342 Alessandra Moretti Proposal for a regulation Article 11 - paragraph 1 - subparagraph 1 Text proposed by the Commission The placing on the market of products and equipment, including parts thereof, listed in Annex IV, with an exemption for military equipment, shall be prohibited from the date specified in that Annex, differentiating, where applicable, according to the type or global warming potential of the gas contained. Amendment The placing on the market of products and equipment listed in Annex IV, with an exemption for military equipment, shall be prohibited from the date specified in that Annex, differentiating, where applicable, according to the type or global warming potential of the gas contained. Or. en Amendment 343 Ondej Knotek, Andreas Glck, Frdrique Ries, Emma Wiesner, Billy Kelleher Proposal for a regulation Article 11 - paragraph 1 - subparagraph 1 Text proposed by the Commission Amendment The placing on the market of products and equipment, including parts thereof, listed in Annex IV, with an exemption for military equipment, shall be prohibited from the date specified in that Annex, differentiating, where applicable, according to the type or global warming potential of the gas contained. The placing on the market of products and equipment listed in Annex IV, with an exemption for military equipment, shall be prohibited from the date specified in that Annex, differentiating, where applicable, according to the type or global warming potential of the gas contained. Or. en Justification Availability of spare parts is essential to repair and upgrade installations that are currently in operation. Amendment 344 Edina Tth Proposal for a regulation Article 11 - paragraph 1 - subparagraph 1 Text proposed by the Commission PR\1265051EN.docx 161/334 Amendment PE737.211v01-00 EN The placing on the market of products and equipment, including parts thereof, listed in Annex IV, with an exemption for military equipment, shall be prohibited from the date specified in that Annex, differentiating, where applicable, according to the type or global warming potential of the gas contained. The placing on the market of products and equipment, listed in Annex IV, with an exemption for military equipment, shall be prohibited from the date specified in that Annex, differentiating, where applicable, according to the type or global warming potential of the gas contained. Or. en Justification It is recommended to delete the sentence referring to "parts thereof" as applying the placing on the market prohibitions to "parts" of products and equipment would mean that repair and upgrade of existing equipment would no longer be possible. Amendment 345 Alexandr Vondra, Nicola Procaccini, Pietro Fiocchi Proposal for a regulation Article 11 - paragraph 1 - subparagraph 2 Text proposed by the Commission Products and equipment unlawfully placed on the market after the date referred to in the first subparagraph, shall not be subsequently used or supplied, or made available to other persons within the Union for payment or free of charge or exported. Such products and equipment may only be stored or transported for subsequent disposal and for the recovery of the gas prior to the disposal pursuant to Article 8. Amendment Products and equipment unlawfully placed on the market after the date referred to in the first subparagraph, shall not be subsequently used or supplied, or made available to other persons within the Union for payment or free of charge or exported. Such products and equipment may only be stored or transported for subsequent return to the country of origin or for disposal and for the recovery of the gas prior to the disposal pursuant to Article 8. Or. en Amendment 346 Nicola Procaccini, Pietro Fiocchi Proposal for a regulation Article 11 - paragraph 1 - subparagraph 2 Text proposed by the Commission Products and equipment unlawfully placed on the market after the date referred to in the first subparagraph, shall not be subsequently used or supplied, or made available to other persons within the Union for payment or free of charge or Amendment Products and equipment unlawfully placed on the market after the date referred to in the first subparagraph, shall not be subsequently used or supplied, or made available to other persons within the Union for payment or free of charge or PE737.211v01-00 EN 162/334 PR\1265051EN.docx exported. Such products and equipment may only be stored or transported for subsequent disposal and for the recovery of the gas prior to the disposal pursuant to Article 8. exported. Such products and equipment may only be stored or transported for subsequent return to the origin country or for disposal and for the recovery of the gas prior to the disposal pursuant to Article 8. Or. en Justification It should be allowed to return products and equipment illegally placed in the EU market to the country of origin. Requiring such products to be disposed of would go against the durability principles laid down in the Ecodesign Regulations for sustainable products. Amendment 347 Stelios Kympouropoulos, Dolors Montserrat, Dan-tefan Motreanu, Bartosz Arlukowicz, Pernille Weiss, Sara Skyttedal Proposal for a regulation Article 11 - paragraph 1 - subparagraph 2 Text proposed by the Commission Amendment Products and equipment unlawfully placed on the market after the date referred to in the first subparagraph, shall not be subsequently used or supplied, or made available to other persons within the Union for payment or free of charge or exported. Such products and equipment may only be stored or transported for subsequent disposal and for the recovery of the gas prior to the disposal pursuant to Article 8. Products and equipment unlawfully placed on the market after the date referred to in the first subparagraph, shall not be subsequently used or supplied, or made available to other parties within the Union for payment or free of charge or exported. Such products and equipment may only be stored or transported for subsequent return to the origin country or for disposal and for the recovery of the gas prior to the disposal pursuant to Article 8. Or. en Justification It should be allowed to return products and equipment that were unlawfully placed on the EU market back to their country of origin. Imposing that such products are disposed of would go against the durability principles, similar to the EU Regulation on Ecodesign for Sustainable Products. Amendment 348 Danilo Oscar Lancini Proposal for a regulation Article 11 - paragraph 1 - subparagraph 2 PR\1265051EN.docx 163/334 PE737.211v01-00 EN Text proposed by the Commission Products and equipment unlawfully placed on the market after the date referred to in the first subparagraph, shall not be subsequently used or supplied, or made available to other persons within the Union for payment or free of charge or exported. Such products and equipment may only be stored or transported for subsequent disposal and for the recovery of the gas prior to the disposal pursuant to Article 8. Amendment Products and equipment unlawfully placed on the market after the date referred to in the first subparagraph, shall not be subsequently used or supplied, or made available to other persons within the Union for payment or free of charge or exported. Such products and equipment may only be stored or transported for subsequent return to the origin country or for disposal and for the recovery of the gas prior to the disposal pursuant to Article 8. Or. en Amendment 349 Edina Tth Proposal for a regulation Article 11 - paragraph 1 - subparagraph 2 Text proposed by the Commission Products and equipment unlawfully placed on the market after the date referred to in the first subparagraph, shall not be subsequently used or supplied, or made available to other persons within the Union for payment or free of charge or exported. Such products and equipment may only be stored or transported for subsequent disposal and for the recovery of the gas prior to the disposal pursuant to Article 8. Amendment Products and equipment unlawfully placed on the market after the date referred to in the first subparagraph, shall not be subsequently used or supplied, or made available to other persons within the Union for payment or free of charge or exported. Such products and equipment may only be stored or transported for subsequent return to the origin country or for disposal and for the recovery of the gas prior to the disposal pursuant to Article 8. Or. en Amendment 350 Alexandr Vondra Proposal for a regulation Article 11 - paragraph 1 - subparagraph 3 Text proposed by the Commission Two years following the individual dates listed in Annex IV, the subsequent supply or making available to another party in the Union for payment or free of charge of products or equipment lawfully placed on the market prior to the date referred to in the first subparagraph shall deleted PE737.211v01-00 EN 164/334 Amendment PR\1265051EN.docx be allowed only if evidence is provided that the product or equipment was placed lawfully on the market prior to the date. Or. en Amendment 351 Nikolaj Villumsen Proposal for a regulation Article 11 - paragraph 1 - subparagraph 3 Text proposed by the Commission Two years following the individual dates listed in Annex IV, the subsequent supply or making available to another party in the Union for payment or free of charge of products or equipment lawfully placed on the market prior to the date referred to in the first subparagraph shall be allowed only if evidence is provided that the product or equipment was placed lawfully on the market prior to the date. Amendment Following the individual dates listed in Annex IV, the subsequent supply or making available to another party in the Union for payment or free of charge of products or equipment lawfully placed on the market prior to the date referred to in the first subparagraph shall be allowed only if evidence is provided that the product or equipment was placed lawfully on the market prior to the date. Or. en Amendment 352 Martin Hojsk, Michal Wiezik Proposal for a regulation Article 11 - paragraph 1 - subparagraph 3 Text proposed by the Commission Two years following the individual dates listed in Annex IV, the subsequent supply or making available to another party in the Union for payment or free of charge of products or equipment lawfully placed on the market prior to the date referred to in the first subparagraph shall be allowed only if evidence is provided that the product or equipment was placed lawfully on the market prior to the date. Amendment Following the individual dates listed in Annex IV, the subsequent supply or making available to another party in the Union for payment or free of charge of products or equipment lawfully placed on the market prior to the date referred to in the first subparagraph shall be allowed only if evidence is provided that the product or equipment was placed lawfully on the market prior to the date. Justification The "2 year" period would in effect prolong the sale of the equipment over the period in Annex IV. Or. en PR\1265051EN.docx 165/334 PE737.211v01-00 EN Amendment 353 Gnther Sidl, Maria Arena Proposal for a regulation Article 11 - paragraph 1 - subparagraph 3 Text proposed by the Commission Two years following the individual dates listed in Annex IV, the subsequent supply or making available to another party in the Union for payment or free of charge of products or equipment lawfully placed on the market prior to the date referred to in the first subparagraph shall be allowed only if evidence is provided that the product or equipment was placed lawfully on the market prior to the date. Amendment Following the individual dates listed in Annex IV, the subsequent supply or making available to another party in the Union for payment or free of charge of products or equipment lawfully placed on the market prior to the date referred to in the first subparagraph shall be allowed only if evidence is provided that the product or equipment was placed lawfully on the market prior to the date. Or. en Justification There is no reason why operators should be allowed to sell banned equipment during two years after the entry into force of the ban. Amendment 354 Agns Evren Proposal for a regulation Article 11 - paragraph 2 Text proposed by the Commission 2. L'interdiction nonce au paragraphe 1, premier alina, ne s'applique pas aux quipements pour lesquels il a t tabli, dans les exigences en matire d'coconception adoptes au titre de la directive 2009/125/CE, que, du fait des gains d'efficacit nergtique obtenus pendant leur fonctionnement, leurs missions exprimes en quivalent CO2 sur l'ensemble du cycle de vie seraient infrieures celles d'quipements quivalents rpondant aux exigences pertinentes en matire d'coconception. Amendment 2. L'interdiction nonce au paragraphe 1, premier alina, ne s'applique pas aux quipements pour lesquels il a t tabli, dans les exigences en matire d'coconception adoptes au titre de la directive 2009/125/CE, que leurs missions exprimes en quivalent CO2 sur l'ensemble du cycle de vie, et, o applicable, les missions exprimes en quivalent CO2 sur l'ensemble du cycle de vie de leur structure de support, seraient infrieures celles d'quipements quivalents et de leur structure de support rpondant aux exigences pertinentes en matire d'coconception. De mme, cette interdiction ne s'applique pas aux quipements pour lesquels il est tabli, en tenant compte de l'valuation du cycle de vie, que toutes les solutions alternatives mettent plus de gaz effet de serre. PE737.211v01-00 EN 166/334 PR\1265051EN.docx Or. fr Amendment 355 Alexandr Vondra Proposal for a regulation Article 11 - paragraph 2 Text proposed by the Commission 2. The prohibition set out in paragraph 1, first subparagraph, shall not apply to equipment for which it has been established in ecodesign requirements adopted under Directive 2009/125/EC that due to higher energy efficiency during its operation, its lifecycle CO2 equivalent emissions would be lower than those of equivalent equipment which meets relevant ecodesign requirements. Amendment 2. The prohibition set out in paragraph 1, first subparagraph, shall not apply to equipment for which it has been established in ecodesign studies and/or requirements adopted under Directive 2009/125/EC that due to higher energy efficiency during its operation, its lifecycle CO2 equivalent emissions would be lower than equipment which meets relevant ecodesign requirements. In addition, the prohibition shall not apply to equipment for which it has been established that alternative solutions emit more GHG emissions, taking into account their life-cycle assessment. Or. en Amendment 356 Edina Tth Proposal for a regulation Article 11 - paragraph 2 Text proposed by the Commission 2. The prohibition set out in paragraph 1, first subparagraph, shall not apply to equipment for which it has been established in ecodesign requirements adopted under Directive 2009/125/EC that due to higher energy efficiency during its operation, its lifecycle CO2 equivalent emissions would be lower than those of equivalent equipment which meets relevant ecodesign requirements. Amendment 2. The prohibition set out in paragraph 1, first subparagraph, shall not apply to equipment for which it has been established in ecodesign requirements adopted under Directive 2009/125/EC that due to higher energy efficiency during its operation, its lifecycle CO2 equivalent emissions would be lower than equipment which meets relevant ecodesign requirements. Or. en Amendment 357 Ondej Knotek, Andreas Glck, Frdrique Ries, Emma Wiesner, Billy Kelleher PR\1265051EN.docx 167/334 PE737.211v01-00 EN Proposal for a regulation Article 11 - paragraph 2 a (new) Text proposed by the Commission Amendment 2 a. The prohibition set out in paragraph 1, first subparagraph shall not apply to spare parts needed for the repairing and maintenance of existing installations. Or. en Justification Availability of spare parts is essential to repair and upgrade installations that are currently in operation. Amendment 358 Bas Eickhout Proposal for a regulation Article 11 - paragraph 3 - subparagraph 1 Text proposed by the Commission In addition to the placing on the market prohibition set out in Annex IV, point 1, the import, placing on the market, any subsequent supply, or making available to other persons within the Union for payment or free of charge, use or export of nonrefillable containers for fluorinated greenhouse gases listed in Annex I and Annex II, Section 1, empty or fully or partially filled shall be prohibited. Such containers may only be stored or transported for subsequent disposal. This prohibition does not apply to containers for laboratory or analytical uses. Amendment In addition to the placing on the market prohibition set out in Annex IV, point 1, the import, placing on the market, any subsequent supply, or making available to other persons within the Union for payment or free of charge, use or export of nonrefillable containers for fluorinated greenhouse gases, empty or fully or partially filled shall be prohibited. Such containers may only be stored or transported for subsequent disposal. This prohibition does not apply to containers for laboratory or analytical uses. Or. en Justification The ban on non-refillable containers should apply to containers of all f-gases, no matter which Annex and Section gases belong to. Amendment 359 Stanislav Polck Proposal for a regulation Article 11 - paragraph 3 - subparagraph 2 - point a PE737.211v01-00 EN 168/334 PR\1265051EN.docx Text proposed by the Commission a) ndoby, kter se nedaj optovn naplnit bez pravy pro tento cel (pro jednorzov pouzit); a Amendment a) ndoby, kter se nedaj optovn naplnit bez pravy pro tento cel (ndoby pro jednorzov pouzit); a Or. cs Amendment 360 Gnther Sidl, Maria Arena Proposal for a regulation Article 11 - paragraph 3 - subparagraph 2 a (new) Text proposed by the Commission Amendment The Commission is empowered to adopt delegated acts in accordance with Article 32 to set out the evidentiary requirements to satisfy the requirements in subparagraph (b) of Article 11(3). Or. en Justification It is unclear what evidence must exist of such "provision" for return for refilling or how it is to be provided, raising the risk that refillable containers will simply be used as non-refillable containers (also prohibited) - a particular problem in illegal HFC trade. [Environmental Investigation Agency (2019). Doors Wide Open: Europe's Flourishing Illegal Trade in Hydrofluorocarbons (HFCs).] Amendment 361 Alexandr Vondra Proposal for a regulation Article 11 - paragraph 4 - subparagraph 1 - introductory part Text proposed by the Commission Amendment Following a substantiated request by a competent authority of a Member State and taking into account the objectives of this Regulation, the Commission may, exceptionally, by means of implementing acts, authorise an exemption for up to four years to allow the placing on the market of products and equipment listed in Annex IV, including parts thereof, containing fluorinated greenhouse gases or whose functioning relies upon those gases, where it is demonstrated that: Following a substantiated request by a competent authority and taking into account the objectives of this Regulation, a Member State may, exceptionally, authorise an exemption to allow the placing on the market of products and equipment listed in Annex IV, containing fluorinated greenhouse gases or whose functioning relies upon those gases, where it is demonstrated that: PR\1265051EN.docx 169/334 PE737.211v01-00 EN Or. en Amendment 362 Stelios Kympouropoulos, Dolors Montserrat, Dan-tefan Motreanu, Bartosz Arlukowicz, Pernille Weiss, Sara Skyttedal Proposal for a regulation Article 11 - paragraph 4 - subparagraph 1 - introductory part Text proposed by the Commission Amendment Following a substantiated request by a competent authority of a Member State and taking into account the objectives of this Regulation, the Commission may, exceptionally, by means of implementing acts, authorise an exemption for up to four years to allow the placing on the market of products and equipment listed in Annex IV, including parts thereof, containing fluorinated greenhouse gases or whose functioning relies upon those gases, where it is demonstrated that: Following a substantiated request by a competent authority of a Member State and taking into account the objectives of this Regulation, the Commission may, exceptionally, by means of implementing acts, authorise an exemption for up to four years to allow the placing on the market of products and equipment listed in Annex IV, including parts thereof after 15 years of the date listed, containing fluorinated greenhouse gases or whose functioning relies upon those gases, where it is demonstrated that: Or. en Justification Including parts of products and equipment listed in Annex IV to the placing on the market prohibitions, without any time limitation, would impair the repair and upgrading of existing equipment on the market, which will result in a huge increase of waste and environmental damage, and this goes fully against the objective of this regulation. The period of 15 years will give room for maintenance or repair of existing equipment but not for infinite reparability. Amendment 363 Ondej Knotek, Andreas Glck, Emma Wiesner, Billy Kelleher Proposal for a regulation Article 11 - paragraph 4 - subparagraph 1 - introductory part Text proposed by the Commission Amendment Following a substantiated request by a competent authority of a Member State and taking into account the objectives of this Regulation, the Commission may, exceptionally, by means of implementing acts, authorise an exemption for up to four years to allow the placing on the market of products and equipment listed in Annex IV, including parts thereof, containing fluorinated greenhouse gases or whose functioning relies upon Following a substantiated request by a competent authority of a Member State and taking into account the objectives of this Regulation, the Commission may, exceptionally, by means of implementing acts, authorise an exemption for up to eight years to allow the placing on the market of products and equipment listed in Annex IV, including parts thereof, containing fluorinated greenhouse gases or whose functioning relies upon PE737.211v01-00 EN 170/334 PR\1265051EN.docx those gases, where it is demonstrated that: those gases, where it is demonstrated that: Or. en Justification It is important to phase out quite rapidly HFCs. However, flexibility is needed due to the rising demand for heat pumps and the lack of certainty regarding the availability of alternative for MDIs to avoid any shortage. Amendment 364 Danilo Oscar Lancini Proposal for a regulation Article 11 - paragraph 4 - subparagraph 1 - introductory part Text proposed by the Commission Amendment Following a substantiated request by a competent authority of a Member State and taking into account the objectives of this Regulation, the Commission may, exceptionally, by means of implementing acts, authorise an exemption for up to four years to allow the placing on the market of products and equipment listed in Annex IV, including parts thereof, containing fluorinated greenhouse gases or whose functioning relies upon those gases, where it is demonstrated that: Following a substantiated request by a competent authority of a Member State and taking into account the objectives of this Regulation, the Commission may, exceptionally, by means of implementing acts, authorise an exemption for up to four years to allow the placing on the market of products and equipment listed in Annex IV,containing fluorinated greenhouse gases or whose functioning relies upon those gases, where it is demonstrated that: Or. en Amendment 365 Edina Tth Proposal for a regulation Article 11 - paragraph 4 - subparagraph 1 - introductory part Text proposed by the Commission Amendment Following a substantiated request by a competent authority of a Member State and taking into account the objectives of this Regulation, the Commission may, exceptionally, by means of implementing acts, authorise an exemption for up to four years to allow the placing on the market of products and equipment listed in Annex IV, including parts thereof, containing fluorinated greenhouse gases or whose functioning relies upon those gases, where it is demonstrated that: Following a substantiated request by a competent authority of a Member State and taking into account the objectives of this Regulation, the Commission may, exceptionally, by means of implementing acts, authorise an exemption for up to four years to allow the placing on the market of products and equipment listed in Annex IV, containing fluorinated greenhouse gases or whose functioning relies upon those gases, where it is demonstrated that: PR\1265051EN.docx 171/334 Or. en PE737.211v01-00 EN Amendment 366 Alexandr Vondra Proposal for a regulation Article 11 - paragraph 4 - subparagraph 1 - point a Text proposed by the Commission (a) for a specific product or a piece of equipment, or for a specific category of products or equipment, alternatives are not available, or cannot be used for technical or safety reasons; or Amendment (a) for a specific product or a piece of equipment, or for a specific category of products or equipment, proved and qualified alternatives are not available, or cannot be used for technical or safety reasons; or Or. en Amendment 367 Agns Evren Proposal for a regulation Article 11 - paragraph 4 - subparagraph 1 - point a Text proposed by the Commission (a) pour un produit spcifique ou une pice d'quipement ou une catgorie spcifique de produits ou d'quipements, il n'existe pas de solutions de substitution, ou qu'elles ne peuvent pas tre utilises pour des raisons techniques ou de scurit; ou Amendment (a) pour un produit spcifique ou une pice d'quipement ou une catgorie spcifique de produits ou d'quipements, il n'existe pas de solutions de substitution qualifie, ou qu'elles ne peuvent pas tre utilises pour des raisons techniques ou de scurit; ou Or. fr Amendment 368 Nikolaj Villumsen Proposal for a regulation Article 11 - paragraph 4 - subparagraph 1 - point b Text proposed by the Commission (b) the use of technically feasible and safe alternatives would entail disproportionate costs. Amendment (b) the use of technically feasible and safe alternatives would entail disproportionate lifetime costs. Or. en PE737.211v01-00 EN 172/334 PR\1265051EN.docx Amendment 369 Agns Evren Proposal for a regulation Article 11 - paragraph 4 - subparagraph 1 - point b a (new) Text proposed by the Commission Amendment (b bis) L'alternative qualifie n'est pas suffisamment disponible sur le march ou les capacits de production, avec au moins deux fabricants fournissant ces solutions, ne sont pas suffisantes. Or. fr Amendment 370 Alexandr Vondra Proposal for a regulation Article 11 - paragraph 4 - subparagraph 2 Text proposed by the Commission Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 34(2). Amendment The Member State shall notify the exemption and its duration to the Commission, and regularly assess it. Or. en Amendment 371 Gnther Sidl, Maria Arena Proposal for a regulation Article 11 - paragraph 4 - subparagraph 2 a (new) Text proposed by the Commission Amendment The import, placing on the market, any subsequent supply, or making available to other persons within the Union for payment or free of charge, use or export of fluorinated greenhouse gases listed in Annex I, Section 1 with a global warming potential of 2500 or more is prohibited. Or. en Amendment 372 PR\1265051EN.docx 173/334 PE737.211v01-00 EN Alexandr Vondra Proposal for a regulation Article 11 - paragraph 5 - subparagraph 1 Text proposed by the Commission Only undertakings that hold a certificate required under Article 10(1), point (a) or the training attestation required under Article 10(2), or undertakings that employ persons holding such a certificate or a training attestation shall be allowed to purchase fluorinated greenhouse gases listed in Annex I or Annex II, Section 1, for the purpose of carrying out the installation, servicing, maintenance or repair of the equipment containing those gases, or whose functioning relies upon those gases, referred to in Article 5(2), points (a) to (g), and Article 10(2). Amendment Only undertakings that hold a certificate required under Article 10(1), point (a) or the training attestation required under Article 10(2), or undertakings that employ persons holding such a certificate or a training attestation shall be allowed to purchase fluorinated greenhouse gases listed in Annex I or Annex II, Section 1, for the purpose of carrying out the installation, servicing, maintenance or repair of the equipment containing those gases, or whose functioning relies upon those gases, referred to in Article 5(2), points (a) to (g), and Article 10(2). Operators of electrical switchgear shall also be allowed to buy, for the purposes mentioned above, spare parts for existing switchgear as well as parts for their extension in the manner foreseen by the respective technology. Or. en Amendment 373 Ondej Knotek, Andreas Glck, Frdrique Ries, Emma Wiesner, Billy Kelleher Proposal for a regulation Article 11 - paragraph 5 - subparagraph 1 Text proposed by the Commission Amendment Only undertakings that hold a certificate required under Article 10(1), point (a) or the training attestation required under Article 10(2), or undertakings that employ persons holding such a certificate or a training attestation shall be allowed to purchase fluorinated greenhouse gases listed in Annex I or Annex II, Section 1, for the purpose of carrying out the installation, servicing, maintenance or repair of the equipment containing those gases, or whose functioning relies upon those gases, referred to in Article 5(2), points (a) to (g), and Article 10(2). Only undertakings that hold a certificate required under Article 10(1), point (a) or the training attestation required under Article 10(2), or undertakings that employ persons holding such a certificate or a training attestation shall be allowed to purchase fluorinated greenhouse gases listed in Annex I or Annex II, Section 1, and spare parts for the purpose of carrying out the installation, servicing, maintenance or repair of the equipment containing those gases, or whose functioning relies upon those gases, referred to in Article 5(2), points (a) to (g), and Article 10(2). The prohibition set out in paragraph 1, first subparagraph shall not cover spare parts that are needed for repair and maintenance of existing installations. PE737.211v01-00 EN 174/334 PR\1265051EN.docx Or. en Justification Availability of spare parts is essential to repair and upgrade installations that are currently in operation. Amendment 374 Stelios Kympouropoulos, Dolors Montserrat, Dan-tefan Motreanu, Bartosz Arlukowicz, Pernille Weiss, Sara Skyttedal Proposal for a regulation Article 11 - paragraph 5 - subparagraph 1 Text proposed by the Commission Amendment Only undertakings that hold a certificate required under Article 10(1), point (a) or the training attestation required under Article 10(2), or undertakings that employ persons holding such a certificate or a training attestation shall be allowed to purchase fluorinated greenhouse gases listed in Annex I or Annex II, Section 1, for the purpose of carrying out the installation, servicing, maintenance or repair of the equipment containing those gases, or whose functioning relies upon those gases, referred to in Article 5(2), points (a) to (g), and Article 10(2). Only undertakings that hold a certificate required under Article 10(1), point (a) or the training attestation required under Article 10(2), or undertakings that employ persons holding such a certificate or a training attestation shall be allowed to purchase fluorinated greenhouse gases listed in Annex I or Annex II, Section 1, and other relevant alternatives to fluorinated greenhouse gases. for the purpose of carrying out the installation, servicing, maintenance or repair of the equipment containing those gases, or whose functioning relies upon those gases, referred to in Article 5(2), points (a) to (g), and Article 10(2). Or. en Amendment 375 Stelios Kympouropoulos, Dolors Montserrat, Dan-tefan Motreanu, Bartosz Arlukowicz, Pernille Weiss, Sara Skyttedal Proposal for a regulation Article 11 - paragraph 5 - subparagraph 2 Text proposed by the Commission Amendment This paragraph shall not prevent non-certified undertakings, who do not carry out such activities, from collecting, transporting or delivering fluorinated greenhouse gases listed in Annex I and Annex II, Section 1. This paragraph shall not prevent non-certified undertakings, who do not carry out such activities, from collecting, transporting or delivering fluorinated greenhouse gases listed in Annex I and Annex II, Section 1, and other relevant alternatives to fluorinated greenhouse gases. Or. en PR\1265051EN.docx 175/334 PE737.211v01-00 EN Amendment 376 Gnther Sidl, Maria Arena Proposal for a regulation Article 11 - paragraph 6 a (new) Text proposed by the Commission Amendment 6 a. Only undertakings that hold a certificate or training attestation required under Article 10, or undertakings that employ persons holding such a certificate or a training attestation, shall be allowed to import or sell bulk fluorinated greenhouse gases listed in Annex I or Annex II. Or. en Justification Under the current F-gas Regulation once HFCs are placed on the market in the EU enforcement authorities have limited power to seize suspected non-quota HFCs. Challenges faced by enforcement authorities are fuelled by the use of e-commerce and online trading platforms. The suggested amendment restricts online sale of bulk Fgases to undertakings with personnel certified in the safe handling of refrigerants. The sale of bulk F-gases through online marketplaces is also banned. Annex II gases are included to avoid illegal trade through mislabelling of Annex I gases as Annex II gases. Amendment 377 Gnther Sidl, Maria Arena Proposal for a regulation Article 11 - paragraph 6 b (new) Text proposed by the Commission Amendment 6 b. The sale of fluorinated greenhouse gases listed in Annex I or Annex II via online marketplace trading platforms is prohibited. Or. en Amendment 378 Gnther Sidl, Maria Arena Proposal for a regulation Article 11 - paragraph 6 c (new) Text proposed by the Commission PE737.211v01-00 EN Amendment 6 c. In addition to the placing on the market prohibitions set out in Annex IV, the import, 176/334 PR\1265051EN.docx placing on the market, any subsequent supply, or making available to other persons within the Union for payment or free of charge, use or export of fluorinated greenhouse gases that are PFAS is prohibited from 1 January 2025. Or. en Justification PFAS are substances of great concern that have polluted vast areas of the European territory and leading to massive spending from public bodies to either contain the pollution or decontaminate the soil/waterbed. Some HFCs alternatives that are very popular in air conditioning and refrigeration are PFAS and their fast deployment is leading to a potentially ubiquitarian pollution of trifluoroacetic acid (TFA). The German Environment Agency (UBA) has set a human health "orientation value" limit of 60 g/L for TFA in drinking water and a "precautionary measure" of 10 g/L. Amendment 379 Edina Tth Proposal for a regulation Article 12 - paragraph 1 - point e a (new) Text proposed by the Commission Amendment (e a) contained in products or equipment, for export out of the Union, where those hydrofluorocarbons are not subsequently made available to any other party within the Union, prior to export. Or. en Justification The EU F-Gas Regulation needs to safeguard the global competitiveness of EU equipment manufacturers. The proposal as it stands now is discriminatory because the competitiveness for F-Gas producers is guaranteed while that for EU equipment manufacturers is not. It has to be further highlighted that this recommendation will not prevent the EU from meeting its commitment to the Montreal Protocol and Kigali amendments. The quantity of exported gas in pre-charged equipment should be handled by the country/region that receives the equipment, which is the logic that the EU applies itself when pre-charged equipment is instead imported to the EU. Amendment 380 Gnther Sidl, Maria Arena Proposal for a regulation Article 12 - paragraph 2 PR\1265051EN.docx 177/334 PE737.211v01-00 EN Text proposed by the Commission 2. Products or equipment subject to an exemption as referred to in Article 11 (4) shall be labelled accordingly and shall include a reference that those products or equipment may only be used for the purpose for which an exemption under that Article was granted. Amendment 2. Products or equipment subject to an exemption as referred to in Article 11 (4) shall be labelled accordingly, mentioning the validity period of the exemption, and shall include a reference that those products or equipment may only be used for the purpose for which an exemption under that Article was granted. Justification exemptions are granted for a 4-year period maximum. Or. en Amendment 381 Gnther Sidl, Maria Arena Proposal for a regulation Article 12 - paragraph 3 - subparagraph 1 - point c Text proposed by the Commission (c) from 1 January 2017, the quantity expressed in weight and in CO2 equivalent of fluorinated greenhouse gases contained in the product or equipment, or the quantity of fluorinated greenhouse gases for which the equipment is designed, and the global warming potential of those gases. Amendment (c) from 1 January 2017, the quantity expressed in weight and in CO2 equivalent of fluorinated greenhouse gases contained in the product or equipment, or the quantity of fluorinated greenhouse gases for which the equipment is designed, and the global warming potential of those gases, both on a 100- and 20- year timescale. Or. en Justification Many HFCs have a far greater GWP on the short term than on the long term. Displaying the 20-year GWP on labels next to the 100-year GWP will contribute to increasing awareness about the short term high global warming impact of some gases. Amendment 382 Martin Hojsk, Michal Wiezik Proposal for a regulation Article 12 - paragraph 3 - subparagraph 1 - point c Text proposed by the Commission (c) from 1 January 2017, the quantity Amendment (c) from 1 January 2017, the quantity PE737.211v01-00 EN 178/334 PR\1265051EN.docx expressed in weight and in CO2 equivalent of fluorinated greenhouse gases contained in the product or equipment, or the quantity of fluorinated greenhouse gases for which the equipment is designed, and the global warming potential of those gases. expressed in weight and in CO2 equivalent of fluorinated greenhouse gases contained in the product or equipment, or the quantity of fluorinated greenhouse gases for which the equipment is designed, and the global warming potential of those gases including on a 100- and 20-year timescale. Justification The amendment will improve information with regard short term impacts of some gases. Or. en Amendment 383 Gnther Sidl, Maria Arena Proposal for a regulation Article 12 - paragraph 3 - subparagraph 2 a (new) Text proposed by the Commission Amendment Where relevant, retrofitted products or equipment containing fluorinated greenhouse gases shall be relabelled with updated information referred to in this paragraph. Justification Needed in case the f-gases or their blends change when the equipment is retrofitted. Or. en Amendment 384 Gnther Sidl, Maria Arena Proposal for a regulation Article 12 - paragraph 5 a (new) Text proposed by the Commission Amendment 5 a. Where relevant, refilled containers of fluorinated greenhouse gases shall be relabelled with updated information as referred to in the first subparagraph. Or. en PR\1265051EN.docx 179/334 PE737.211v01-00 EN Justification Containers may be refilled with different f-gases from before. Amendment 385 Bas Eickhout Proposal for a regulation Article 12 - paragraph 9 Text proposed by the Commission 9. Fluorinated greenhouse gases listed in Annex I and placed on the market for use in military equipment shall be labelled with an indication that the contents of the container may only be used for that purpose. deleted Amendment Or. en Justification This labelling requirement would be linked to the exemption from the quota system. However this exemption is not an enumerated exemption under the Montreal Protocol, it is not well justified in the impact assessment, and it discourages the development of natural alternatives. Amendment 386 Bas Eickhout Proposal for a regulation Article 12 - paragraph 10 Text proposed by the Commission 10. Fluorinated greenhouse gases listed in Annexes I and II placed on the market for etching of semiconductor material or cleaning of chemicals vapour deposition chambers within the semiconductor manufacturing sector shall be labelled with an indication that the contents of the container may only be used for that purpose. deleted Amendment Or. en Justification This labelling requirement would be linked to the exemption from the quota system. However this exemption is not an enumerated exemption under the Montreal Protocol, it is not well justified in the impact assessment, and it discourages the development of natural alternatives. PE737.211v01-00 EN 180/334 PR\1265051EN.docx Amendment 387 Bas Eickhout Proposal for a regulation Article 12 - paragraph 11 Text proposed by the Commission 11. Fluorinated greenhouse gases listed in Annex I and placed on the market for feedstock use shall be labelled with an indication that the contents of the container may only be used as feedstock. deleted Amendment Or. en Justification This labelling requirement would be linked to the exemption from the quota system. However this exemption is not an enumerated exemption under the Montreal Protocol, it is not well justified in the impact assessment, and it discourages the development of natural alternatives. Amendment 388 Bas Eickhout Proposal for a regulation Article 12 - paragraph 13 - subparagraph 1 Text proposed by the Commission In case of hydrofluorocarbons, the label referred to in paragraphs 7 to 11 shall include the indication "exempted from quota under Regulation (EU) No .../... [OP: Please add reference to this Regulation]". Amendment In case of hydrofluorocarbons, the label referred to in paragraphs 7 and 8 shall include the indication "exempted from quota under Regulation (EU) No .../... [OP: Please add reference to this Regulation]". Or. en Justification F-gases used in military equipment, semiconductor material and feedstock should not be exempted from the HFC quota system. Amendment 389 Bas Eickhout Proposal for a regulation Article 12 - paragraph 13 - subparagraph 2 PR\1265051EN.docx 181/334 PE737.211v01-00 EN Text proposed by the Commission In the absence of the labelling requirements referred to in the first subparagraph and in paragraphs 7 to 11, the hydrofluorocarbons shall be subject to the quota requirements pursuant to Article 16(1). Amendment In the absence of the labelling requirements referred to in the first subparagraph and in paragraphs 7 and 8, the hydrofluorocarbons shall be subject to the quota requirements pursuant to Article 16(1). Or. en Justification F-gases used in military equipment, semiconductor material and feedstock should not be exempted from the HFC quota system. Amendment 390 Nicola Procaccini Proposal for a regulation Article 12 - paragraph 13 - subparagraph 2 a (new) Text proposed by the Commission Amendment Fluorinated greenhouse gases listed in Annex II, Section 3, placed on the market for the purpose of fumigation shall be labelled without prejudice to existing labelling requirements included under Regulation (EC) 1272/2008, Regulation (EU) 528/2012 and Regulation (EC) 1107/2009. Where additional information is required under this Regulation, it shall be assessed in conjunction with other labelling parameters defined according to Regulation (EC) 1272/2008, Regulation (EU) 528/2012 and Regulation (EC) 1107/2009. Or. en Justification Adding new labelling or prevention requirements under the F-Gases Regulation would simply duplicate current requirements under the BPR, PPPR and CLP and would not necessarily help achieve the regulators' goals. Any new labelling requirements can and should be assessed under existing legislation. Amendment 391 Alexandr Vondra Proposal for a regulation Article 12 - paragraph 14 PE737.211v01-00 EN 182/334 PR\1265051EN.docx Text proposed by the Commission 14. In the cases referred to in Annex IV, points 3, 8, 18(b) and (c), 19 and 20, the product shall be labelled with an indication that it may be used only where required by the safety standard to be specified. In the case referred to in Annex IV, points 20 and 22, the product shall be labelled with an indication that the product may only be used where required by the medical application to be specified. deleted Amendment Or. en Amendment 392 Stelios Kympouropoulos, Dolors Montserrat, Dan-tefan Motreanu, Bartosz Arlukowicz, Sara Skyttedal Proposal for a regulation Article 12 - paragraph 17 a (new) Text proposed by the Commission Amendment 17 a. Fluorinated greenhouse gases listed in Annex II, Section 3, placed on the market for the purpose of fumigation shall be labelled without prejudice to existing labelling requirements included under Regulation (EC) 1272/2008, Regulation (EU) 528/2012 and Regulation (EC) 1107/2009. Where additional information is required under this Regulation, it shall be assessed in conjunction with other labelling parameters defined according to Regulation (EC) 1272/2008, Regulation (EU) 528/2012 and Regulation (EC) 1107/2009. Or. en Justification The purpose of this amendment is to ensure that any labelling requirements are in line with existing processes, without any duplication. Amendment 393 Nikolaj Villumsen Proposal for a regulation Article 13 - paragraph 3 - subparagraph 1 Text proposed by the Commission PR\1265051EN.docx 183/334 Amendment PE737.211v01-00 EN From 1 January 2024, the use of fluorinated greenhouse gases listed in Annex I, with a global warming potential of 2 500 or more, for the servicing or maintenance of refrigeration equipment is prohibited. From 1 January 2024, the use of fluorinated greenhouse gases listed in Annex I, with a global warming potential of 2 500 or more, for the servicing or maintenance of refrigeration, air conditioning and heat pump equipment is prohibited. Or. en Amendment 394 Stelios Kympouropoulos, Dolors Montserrat, Dan-tefan Motreanu, Bartosz Arlukowicz, Fulvio Martusciello, Sara Skyttedal Proposal for a regulation Article 13 - paragraph 3 - subparagraph 1 Text proposed by the Commission Amendment From 1 January 2024, the use of fluorinated greenhouse gases listed in Annex I, with a global warming potential of 2 500 or more, for the servicing or maintenance of refrigeration equipment is prohibited. From 1 January 2024, the use of fluorinated greenhouse gases listed in Annex I, with a global warming potential of 150 or more, for the servicing or maintenance of stationary refrigeration equipment (excluding chillers) is prohibited. Or. en Amendment 395 Danilo Oscar Lancini Proposal for a regulation Article 13 - paragraph 3 - subparagraph 1 Text proposed by the Commission From 1 January 2024, the use of fluorinated greenhouse gases listed in Annex I, with a global warming potential of 2 500 or more, for the servicing or maintenance of refrigeration equipment is prohibited. Amendment From 1 January 2024, the use of fluorinated greenhouse gases listed in Annex I, with a global warming potential of 1 500 or more, for the servicing or maintenance of stationary refrigeration equipment is prohibited. Or. en Amendment 396 Nicola Procaccini Proposal for a regulation Article 13 - paragraph 3 - subparagraph 1 PE737.211v01-00 EN 184/334 PR\1265051EN.docx Text proposed by the Commission From 1 January 2024, the use of fluorinated greenhouse gases listed in Annex I, with a global warming potential of 2 500 or more, for the servicing or maintenance of refrigeration equipment is prohibited. Amendment From 1 January 2024, the use of fluorinated greenhouse gases listed in Annex I, with a global warming potential of 150 or more, for the servicing or maintenance of stationary refrigeration equipment is prohibited. Or. en Amendment 397 Giuseppe Ferrandino Proposal for a regulation Article 13 - paragraph 3 - subparagraph 1 Text proposed by the Commission From 1 January 2024, the use of fluorinated greenhouse gases listed in Annex I, with a global warming potential of 2 500 or more, for the servicing or maintenance of refrigeration equipment is prohibited. Amendment From 1 January 2024, the use of fluorinated greenhouse gases listed in Annex I, with a global warming potential of 2 500 or more, for the servicing or maintenance of stationary refrigeration equipment is prohibited. Or. en Amendment 398 Gnther Sidl, Maria Arena Proposal for a regulation Article 13 - paragraph 3 - subparagraph 1 Text proposed by the Commission From 1 January 2024, the use of fluorinated greenhouse gases listed in Annex I, with a global warming potential of 2 500 or more, for the servicing or maintenance of refrigeration equipment is prohibited. Amendment From 1 January 2024,the use of fluorinated greenhouse gases listed in Annex I, with a global warming potential of 2 500 or more, for the servicing or maintenance of equipment is prohibited. Or. en Amendment 399 Nikolaj Villumsen Proposal for a regulation Article 13 - paragraph 3 - subparagraph 2 PR\1265051EN.docx 185/334 PE737.211v01-00 EN Text proposed by the Commission This paragraph shall not apply to military equipment or equipment intended for applications designed to cool products to temperatures below 50 C. deleted Amendment Or. en Amendment 400 Gnther Sidl, Maria Arena Proposal for a regulation Article 13 - paragraph 3 - subparagraph 2 Text proposed by the Commission This paragraph shall not apply to military equipment or equipment intended for applications designed to cool products to temperatures below 50 C. Amendment This paragraph shall not apply to cool pharmaceutical products to temperatures below 50 C. Or. en Amendment 401 Nicola Procaccini, Pietro Fiocchi Proposal for a regulation Article 13 - paragraph 3 - subparagraph 3 - introductory part Text proposed by the Commission Amendment The prohibition referred to in the first subparagraph shall not apply to the following categories of fluorinated greenhouse gases until 1 January 2030: The prohibition referred to in the first subparagraph shall not apply to the following categories of fluorinated greenhouse gases until 1 January 2034: Or. en Amendment 402 Stelios Kympouropoulos, Dolors Montserrat, Dan-tefan Motreanu, Bartosz Arlukowicz, Sara Skyttedal Proposal for a regulation Article 13 - paragraph 3 - subparagraph 3 - introductory part Text proposed by the Commission Amendment The prohibition referred to in the first The prohibition referred to in the first PE737.211v01-00 EN 186/334 PR\1265051EN.docx subparagraph shall not apply to the following categories of fluorinated greenhouse gases until 1 January 2030: subparagraph shall not apply to the following categories of fluorinated greenhouse gases until 1 January 2034: Or. en Amendment 403 Nikolaj Villumsen Proposal for a regulation Article 13 - paragraph 3 - subparagraph 3 - introductory part Text proposed by the Commission Amendment The prohibition referred to in the first subparagraph shall not apply to the following categories of fluorinated greenhouse gases until 1 January 2030: The prohibition referred to in the first subparagraph shall not apply to the following categories of fluorinated greenhouse gases until 1 January 2027: Or. en Amendment 404 Gnther Sidl, Maria Arena Proposal for a regulation Article 13 - paragraph 3 - subparagraph 3 - introductory part Text proposed by the Commission Amendment The prohibition referred to in the first subparagraph shall not apply to the following categories of fluorinated greenhouse gases until 1 January 2030: The prohibition referred to in the first subparagraph shall not apply to the following categories of fluorinated greenhouse gases until 1 January 2027: Or. en Amendment 405 Nicola Procaccini Proposal for a regulation Article 13 - paragraph 3 - subparagraph 3 - point a Text proposed by the Commission (a) reclaimed fluorinated greenhouse gases listed in Annex I with a global warming potential of 2 500 or more used for the maintenance or servicing of existing refrigeration equipment, Amendment (a) reclaimed fluorinated greenhouse gases listed in Annex I with a global warming potential of 150 or more used for the maintenance or servicing of existing refrigeration equipment, provided that PR\1265051EN.docx 187/334 PE737.211v01-00 EN provided that they have been labelled in accordance with Article 12(6); they have been labelled in accordance with Article 12(6); Or. en Amendment 406 Stelios Kympouropoulos, Dolors Montserrat, Dan-tefan Motreanu, Bartosz Arlukowicz, Sara Skyttedal Proposal for a regulation Article 13 - paragraph 3 - subparagraph 3 - point a Text proposed by the Commission Amendment (a) reclaimed fluorinated greenhouse gases listed in Annex I with a global warming potential of 2 500 or more used for the maintenance or servicing of existing refrigeration equipment, provided that they have been labelled in accordance with Article 12(6); (a) reclaimed fluorinated greenhouse gases listed in Annex I with a global warming potential of 150 or more used for the maintenance or servicing of existing refrigeration equipment, provided that they have been labelled in accordance with Article 12(6); Or. en Amendment 407 Gnther Sidl, Maria Arena Proposal for a regulation Article 13 - paragraph 3 - subparagraph 3 - point a Text proposed by the Commission (a) reclaimed fluorinated greenhouse gases listed in Annex I with a global warming potential of 2 500 or more used for the maintenance or servicing of existing refrigeration equipment, provided that they have been labelled in accordance with Article 12(6); Amendment (a) reclaimed fluorinated greenhouse gases listed in Annex I with a global warming potential of 2 500 or more used for the maintenance or servicing of existing equipment, provided that they have been labelled in accordance with Article 12(6); Or. en Amendment 408 Nicola Procaccini Proposal for a regulation Article 13 - paragraph 3 - subparagraph 3 - point b Text proposed by the Commission (b) recycled fluorinated greenhouse gases (b) PE737.211v01-00 EN 188/334 Amendment recycled fluorinated greenhouse gases PR\1265051EN.docx listed in Annex I with a global warming potential of 2 500 or more used for the maintenance or servicing of existing refrigeration equipment provided they have been recovered from such equipment. Such recycled gases may only be used by the undertaking which carried out their recovery as part of maintenance or servicing or the undertaking for which the recovery was carried out as part of maintenance or servicing. listed in Annex I with a global warming potential of 150 or more used for the maintenance or servicing of existing refrigeration equipment provided they have been recovered from such equipment. Such recycled gases may only be used by the undertaking which carried out their recovery as part of maintenance or servicing or the undertaking for which the recovery was carried out as part of maintenance or servicing. Or. en Amendment 409 Stelios Kympouropoulos, Dolors Montserrat, Dan-tefan Motreanu, Bartosz Arlukowicz, Sara Skyttedal Proposal for a regulation Article 13 - paragraph 3 - subparagraph 3 - point b Text proposed by the Commission Amendment (b) recycled fluorinated greenhouse gases listed in Annex I with a global warming potential of 2 500 or more used for the maintenance or servicing of existing refrigeration equipment provided they have been recovered from such equipment. Such recycled gases may only be used by the undertaking which carried out their recovery as part of maintenance or servicing or the undertaking for which the recovery was carried out as part of maintenance or servicing. (b) recycled fluorinated greenhouse gases listed in Annex I with a global warming potential of 150 or more used for the maintenance or servicing of existing refrigeration equipment provided they have been recovered from such equipment. Such recycled gases may only be used by the undertaking which carried out their recovery as part of maintenance or servicing or the undertaking for which the recovery was carried out as part of maintenance or servicing. Or. en Amendment 410 Gnther Sidl, Maria Arena Proposal for a regulation Article 13 - paragraph 3 - subparagraph 3 - point b Text proposed by the Commission (b) recycled fluorinated greenhouse gases listed in Annex I with a global warming potential of 2 500 or more used for the maintenance or servicing of existing refrigeration equipment provided they have been recovered from such equipment. Such recycled gases may only be used by the undertaking which carried out their recovery as part of maintenance or servicing or the undertaking for which the recovery was carried out Amendment (b) recycled fluorinated greenhouse gases listed in Annex I with a global warming potential of 2 500 or more used for the maintenance or servicing of existing equipment provided they have been recovered from such equipment. Such recycled gases may only be used by the undertaking which carried out their recovery as part of maintenance or servicing or the undertaking for which the recovery was carried out PR\1265051EN.docx 189/334 PE737.211v01-00 EN as part of maintenance or servicing. as part of maintenance or servicing. Or. en Amendment 411 Danilo Oscar Lancini Proposal for a regulation Article 13 - paragraph 3 - subparagraph 3 - subparagraph 1 Text proposed by the Commission Amendment The prohibition referred to in the first subparagraph shall not apply to refrigeration equipment for which an exemption has been authorised in accordance with Article 11(4). The prohibition referred to in the first subparagraph shall not apply to to the following categories of fluorinated greenhouse gases until 1 January 2034: (a) reclaimed fluorinated greenhouse gases listed in Annex I with a global warming potential of 150 or more used for the maintenance or servicing of existing refrigeration equipment, provided that they have been labelled in accordance with Article 12(6); (b) recycled fluorinated greenhouse gases listed in Annex I with a global warming potential of 150 or more used for the maintenance or servicing of existing refrigeration equipment provided they have been recovered from such equipment. Such recycled gases may only be used by the undertaking which carried out their recovery as part of maintenance or servicing or the undertaking for which the recovery was carried out as part of maintenance or servicing. The prohibition referred to in the first subparagraph shall not apply to refrigeration equipment for which an exemption has been authorised in accordance with Article 11(4). Or. en Amendment 412 Gnther Sidl, Maria Arena Proposal for a regulation Article 13 - paragraph 3 - subparagraph 3 - subparagraph 1 Text proposed by the Commission Amendment The prohibition referred to in the first subparagraph shall not apply to refrigeration The prohibition referred to in the first subparagraph shall not apply to equipment for PE737.211v01-00 EN 190/334 PR\1265051EN.docx equipment for which an exemption has been authorised in accordance with Article 11(4). which an exemption has been authorised in accordance with Article 11(4). Or. en Amendment 413 Gnther Sidl, Maria Arena Proposal for a regulation Article 13 - paragraph 4 Text proposed by the Commission 4. The use of desflurane as inhalation anaesthetic is prohibited as from 1 January 2026, except when such use is strictly required and no other anaesthetic can be used on medical grounds. The user shall provide evidence, upon request, on the medical justification to the competent authority of the Member State and the Commission. Amendment 4. The use of desflurane as inhalation anaesthetic is prohibited as from 1 January 2026, except when such use is strictly required and no other anaesthetic can be used on medical grounds. The health provider shall provide evidence, upon request, on the medical justification to the competent authority of the Member State and the Commission. The Commission shall work in close cooperation with the European Medicines Agency to coordinate a smooth approval process in respect of fluorinated substances and alternatives for medical use, so that all environmental and health aspects are taken into account in line with the One Health approach. Or. en Amendment 414 Sara Cerdas Proposal for a regulation Article 13 - paragraph 4 Text proposed by the Commission 4. The use of desflurane as inhalation anaesthetic is prohibited as from 1 January 2026, except when such use is strictly required and no other anaesthetic can be used on medical grounds. The user shall provide evidence, upon request, on the medical justification to the competent authority of the Member State and the Commission. Amendment 4. The use of desflurane as inhalation anaesthetic should only be used in highly indicated cases when such use is strictly required and no other anaesthetic can be used on medical grounds. All available and feasible techniques and technological solutions shall be employed to reduce its use and dispersion. The health provider shall provide evidence, upon request, on the medical justification, including its purpose, indication and outcome, to the competent authority of the Member State and the Commission. This request shall not be conducted PR\1265051EN.docx 191/334 PE737.211v01-00 EN per use but after a significant period of time, collecting multiple use records, in order to reduce the burden to the health provider. Or. en Justification It is not justified to introduce a complete prohibition on the use of desflurane as it can still be applied to patients with specific characteristics and comorbidities. Deleting the prohibition would ensure patient safety and wellbeing, as well as respecting the doctor's assessment to meet the patient's needs. It's important to value other techniques or technological solutions, such as local anaesthesia (that excludes the need for inhaled anaesthetics) and technologies that recapture possible leaks. Finally, a periodical request and the collection of several instances of use means less burden to the health provider compared to requesting information after each specific use. Amendment 415 Ondej Knotek, Andreas Glck, Emma Wiesner, Susana Sols Prez, Billy Kelleher Proposal for a regulation Article 13 - paragraph 4 Text proposed by the Commission Amendment 4. The use of desflurane as inhalation anaesthetic is prohibited as from 1 January 2026, except when such use is strictly required and no other anaesthetic can be used on medical grounds. The user shall provide evidence, upon request, on the medical justification to the competent authority of the Member State and the Commission. 4. The use of desflurane as inhalation anaesthetic is prohibited as from 1 January 2029, except when such use is strictly required and no other anaesthetic can be used on medical grounds. Or. en Justification The ban of desflurane should be postponed a little bit to give enough time to develop alternatives and get the approval from the European Medicine Agency. Amendment 416 Stelios Kympouropoulos, Dolors Montserrat, Dan-tefan Motreanu, Bartosz Arlukowicz, Pernille Weiss, Sara Skyttedal Proposal for a regulation Article 13 - paragraph 4 Text proposed by the Commission Amendment 4. The use of desflurane as inhalation 4. The use of desflurane as inhalation PE737.211v01-00 EN 192/334 PR\1265051EN.docx anaesthetic is prohibited as from 1 January 2026, except when such use is strictly required and no other anaesthetic can be used on medical grounds. The user shall provide evidence, upon request, on the medical justification to the competent authority of the Member State and the Commission. anaesthetic is only permitted as from 1 January 2026, when such use is strictly required and no other anaesthetic can be used on medical grounds, or when it is used in conjunction with a gas capture technology. Or. en Justification The proposed ban of desflurane and complex exemption are disproportionate to the potentially negative impact it could have on clinician choice, patient safety, clinical outcomes as well as efficiencies versus the overall contribution to limiting F-gas releases. Gas capture technology can effectively capture and prevent anaesthetic gas exhaled by the patient in the operating room from escaping to the atmosphere and can therefore reduce the environmental impact of inhaled anaesthesia while allowing doctors to choose the anesthetic agent best suited for the patient and procedure. Amendment 417 Alexandr Vondra Proposal for a regulation Article 13 - paragraph 4 Text proposed by the Commission 4. The use of desflurane as inhalation anaesthetic is prohibited as from 1 January 2026, except when such use is strictly required and no other anaesthetic can be used on medical grounds. The user shall provide evidence, upon request, on the medical justification to the competent authority of the Member State and the Commission. Amendment 4. The use of desflurane as inhalation anaesthetic is prohibited as from 1 January 2026, except when such use confer medical benefits versus other anaesthetic agents or when used in conjunction with a gas capture technology. The user shall provide evidence, upon request, to the competent authority of the Member State and the Commission. Or. en Amendment 418 Alexandr Vondra Proposal for a regulation Article 13 - paragraph 4 a (new) Text proposed by the Commission PR\1265051EN.docx Amendment 4 a. From 1 January 2030, the use of sulfuryl fluoride for post-harvest fumigation and treatment of wood and wooden products against pest infestation shall be prohibited. 193/334 PE737.211v01-00 EN In exceptional circumstances, where a phytosanitary certificate is required and no other treatment can be used, short-term approval to use sulfuryl fluoride must be requested. Perpetual broad-spectrum approval for phytosanitary use is prohibited. Or. en Amendment 419 Gnther Sidl, Maria Arena Proposal for a regulation Chapter IV - title Text proposed by the Commission IV PRODUCTION SCHEDULE AND REDUCTION OF THE QUANTITY OF HYDROFLUOROCARBONS PLACED ON THE MARKET Amendment IV PRODUCTION SCHEDULE, REDUCTION OF THE QUANTITY OF HYDROFLUOROCARBONS PLACED ON THE MARKET AND RESTRICTION ON EXPORT OF HYDROFLUOROCARBONS Or. en Amendment 420 Gnther Sidl, Maria Arena Proposal for a regulation Article 14 - paragraph 4 a (new) Text proposed by the Commission Amendment 4 a. The production of 1,1,1,3,3pentafluorobutane shall be prohibited. Or. en Amendment 421 Bas Eickhout Proposal for a regulation Article 16 - paragraph 2 - point b Text proposed by the Commission (b) used by a producer in feedstock applications or supplied directly by a producer or an importer to undertakings for use in feedstock deleted PE737.211v01-00 EN 194/334 Amendment PR\1265051EN.docx applications; Or. en Amendment 422 Stelios Kympouropoulos, Dolors Montserrat, Dan-tefan Motreanu, Bartosz Arlukowicz, Pernille Weiss, Sara Skyttedal Proposal for a regulation Article 16 - paragraph 2 - point c Text proposed by the Commission Amendment (c) supplied directly by a producer or an importer to undertakings, for export out of the Union, not contained in products or equipment, where those hydrofluorocarbons are not subsequently made available to any other party within the Union, prior to export; (c) supplied directly by a producer or an importer to undertakings, for export out of the Union, not contained in pre-charged equipment referred to in Article 19(1), where those hydrofluorocarbons are not subsequently made available to any other party within the Union, prior to export; Or. en Justification The Commission proposal does not provide sufficient time to complete the transition to low-GWP pMDIs until 2030. Amendment 423 Susana Sols Prez Proposal for a regulation Article 16 - paragraph 2 - point c Text proposed by the Commission (c) supplied directly by a producer or an importer to undertakings, for export out of the Union, not contained in products or equipment, where those hydrofluorocarbons are not subsequently made available to any other party within the Union, prior to export; Amendment (c) supplied directly by a producer or an importer to undertakings, for export out of the Union, not contained in products in pre- charged equipment referred to in Article 19(1), where those hydrofluorocarbons are not subsequently made available to any other party within the Union, prior to export; Or. en Amendment 424 Pietro Fiocchi, Nicola Procaccini PR\1265051EN.docx 195/334 PE737.211v01-00 EN Proposal for a regulation Article 16 - paragraph 2 - point c Text proposed by the Commission (c) supplied directly by a producer or an importer to undertakings, for export out of the Union, not contained in products or equipment, where those hydrofluorocarbons are not subsequently made available to any other party within the Union, prior to export; Amendment (c) supplied directly by a producer or an importer to undertakings, for export out of the Union, not contained in pre-charged equipment listed in Article 19 (1), where those hydrofluorocarbons are not subsequently made available to any other party within the Union, prior to export; Or. en Amendment 425 Nikolaj Villumsen Proposal for a regulation Article 16 - paragraph 2 - point d Text proposed by the Commission (d) supplied directly by a producer or an importer for use in military equipment; deleted Amendment Or. en Amendment 426 Gnther Sidl, Maria Arena Proposal for a regulation Article 16 - paragraph 2 - point d Text proposed by the Commission (d) supplied directly by a producer or an importer for use in military equipment; deleted Amendment Or. en Justification This exemption is not an enumerated exemption under the Montreal Protocol, it is not well justified in the impact assessment, and it discourages the development of natural alternatives. Amendment 427 PE737.211v01-00 EN 196/334 PR\1265051EN.docx Stelios Kympouropoulos, Dolors Montserrat, Dan-tefan Motreanu, Bartosz Arlukowicz, Pernille Weiss, Sara Skyttedal Proposal for a regulation Article 16 - paragraph 2 - point d Text proposed by the Commission Amendment (d) supplied directly by a producer or an importer for use in military equipment; (d) supplied by a producer or an importer for use in military equipment; Or. en Amendment 428 Nikolaj Villumsen Proposal for a regulation Article 16 - paragraph 2 - point e Text proposed by the Commission (e) supplied directly by a producer or an importer to an undertaking using it for the etching of semiconductor material or the cleaning of chemicals vapour deposition chambers within the semiconductor manufacturing sector. deleted Amendment Or. en Amendment 429 Gnther Sidl, Maria Arena Proposal for a regulation Article 16 - paragraph 2 - point e Text proposed by the Commission (e) supplied directly by a producer or an importer to an undertaking using it for the etching of semiconductor material or the cleaning of chemicals vapour deposition chambers within the semiconductor manufacturing sector. deleted Amendment Or. en Justification This exemption is not an enumerated exemption under the Montreal Protocol, it is not well justified in the impact assessment, and it discourages the development of natural alternatives. PR\1265051EN.docx 197/334 PE737.211v01-00 EN Amendment 430 Susana Sols Prez Proposal for a regulation Article 16 - paragraph 2 - point e Text proposed by the Commission (e) supplied directly by a producer or an importer to an undertaking using it for the etching of semiconductor material or the cleaning of chemicals vapour deposition chambers within the semiconductor manufacturing sector. Amendment (e) supplied directly by a producer or an importer to an undertaking producing metered dose inhalers for the delivery of pharmaceutical ingredients using a propellant with a GWP of less than 150. Or. en Amendment 431 Pernille Weiss Proposal for a regulation Article 16 - paragraph 2 - point e a (new) Text proposed by the Commission Amendment (e a) supplied directly by a producer or an importer to an undertaking producing metered dose inhalers for the delivery of pharmaceutical ingredients using a propellant with a low global warming potential; Or. en Amendment 432 Ondej Knotek, Andreas Glck, Frdrique Ries, Emma Wiesner, Susana Sols Prez, Billy Kelleher Proposal for a regulation Article 16 - paragraph 2 - point e a (new) Text proposed by the Commission Amendment (e a) supplied directly by a producer or an importer for medical use if the usage is of medical necessity and if no other suitable alternative is available. Or. en PE737.211v01-00 EN 198/334 PR\1265051EN.docx Justification It is of outermost importance that patients suffering from asthma and chronic obstructive pulmonary diseases can continue to have access to the current MDIs in case no alternative is available. Amendment 433 Alexander Bernhuber Proposal for a regulation Article 16 - paragraph 2 - point e a (new) Text proposed by the Commission Amendment e a) teilfluorierte Kohlenwasserstoffe in vorbefllten Einrichtungen, die nachweislich und ausschlielich fr die Ausfuhr bestimmt sind; Or. de Justification F-Gase als solche bzw. in Gemischen, die exportiert werden, sind vom Quotensystem ausgenommen. Bei Einrichtungen, wie z.B. Wrmepumpen, die gleichzeitig in der EU hergestellt und mit F-Gasen vorbefllt werden, und sodann exportiert werden, ist dies jedoch nicht der Fall. Dieser Umstand beschrnkt den Export von Einrichtungen, schwcht die globale Wettbewerbsfhigkeit der Europischen Unternehmen und behindert den Export von effizienter Europischer Technologie. Amendment 434 Stelios Kympouropoulos, Dolors Montserrat, Dan-tefan Motreanu, Bartosz Arlukowicz, Pernille Weiss, Sara Skyttedal Proposal for a regulation Article 16 - paragraph 2 - point e a (new) Text proposed by the Commission Amendment (e a) contained in products or in pre-charged equipment which are exported outside the Union. Or. en Justification This amendment is proposed to avoid having double penalties in the case of exports of pre-charged equipment to countries with similar approach to EU, such as but not limited to the UK, or the possible loss of quotas for the EU market, that could potentially lead to the relocation of factories outside Europe. This amendment does not prevent the EU from meeting its commitment to the Montreal Protocol and Kigali Amendments but helps safeguard the global competitiveness of EU equipment manufacturers. PR\1265051EN.docx 199/334 PE737.211v01-00 EN Amendment 435 Alexandr Vondra Proposal for a regulation Article 16 - paragraph 2 - point e a (new) Text proposed by the Commission Amendment (e a) used in pre-charged equipment which are exported outside the Union. Or. en Amendment 436 Danilo Oscar Lancini Proposal for a regulation Article 16 - paragraph 2 - point e a (new) Text proposed by the Commission Amendment (e a) used in pre-charged equipment which are exported outside the Union. Or. en Amendment 437 Alexander Bernhuber Proposal for a regulation Article 16 - paragraph 2 - point e b (new) Text proposed by the Commission Amendment e b) teilfluorierte Kohlenwasserstoffe, die von einem Hersteller oder einem Einfhrer direkt an ein Unternehmen, das Dosier-Aerosole fr dieVerabreichung pharmazeutischer Wirkstoffe herstellt, geliefert werden. Or. de Justification Die Aufnahme von pharmazeutischen Dosieraerosolen in die Quotenregelung bedeutet in der Praxis eine indirekte Reduktion der Verfgbarkeit von CO2-quivalenten fr alle anderen Sektoren. Besonders das beschleunigte Wachstum bei Wrme- bzw. Erdwrmepumpen bentigt zwischenzeitlich - d.h. bis die Umstellung auf natrliche und brennbare Kltemittel schrittweise erfolgt ist - dringend ein mehr an Kltemittel und nicht weniger. PE737.211v01-00 EN 200/334 PR\1265051EN.docx Amendment 438 Stelios Kympouropoulos, Dolors Montserrat, Dan-tefan Motreanu, Bartosz Arlukowicz, Sara Skyttedal Proposal for a regulation Article 16 - paragraph 2 - point e b (new) Text proposed by the Commission Amendment (e b) supplied directly by a producer or an importer to an undertaking producing metered dose inhalers for the delivery of pharmaceutical ingredients, before 31 December 2029; Or. en Justification The Commission's Proposal as stated is asking a reduction of approximately 60 % by 2027, and approximately 80 % by 2030, of the quota allocated for propellant used in MDIs. As currently there are no new alternatives available in the market, to ensure the supply of MDIs and avoid potential interruption of patient access, the current MDI exemption should be kept until 31 December 2029. Amendment 439 Ondej Knotek, Andreas Glck, Frdrique Ries, Emma Wiesner, Billy Kelleher Proposal for a regulation Article 16 - paragraph 2 - point e b (new) Text proposed by the Commission Amendment (e b) supplied directly by a producer or an importer to repair existing installations. Or. en Justification Availability of spare parts is essential to repair and upgrade installations that are currently in operation. Amendment 440 Stelios Kympouropoulos, Dolors Montserrat, Dan-tefan Motreanu, Bartosz Arlukowicz, Pernille Weiss, Sara Skyttedal Proposal for a regulation Article 16 - paragraph 2 - point e c (new) Text proposed by the Commission Amendment PR\1265051EN.docx 201/334 PE737.211v01-00 EN (e c) from 1 January 2030 and until 31 December 2035, supplied directly by a producer or an importer to an undertaking producing metered dose inhalers for the delivery of pharmaceutical ingredients, for export out of the Union. Or. en Justification Need to secure patient accent to MDIs outside EU, while protecting EU MDI producers from being disadvantaged from non-EU MDI producers when supplying their MDIs to the non-EU market. Pharma propellant purchased from an EU F-gas producer is considered an inner-EU transaction and as such placing on the EU market for which an EU F-gas quota is required. This is the case even for gas that will be used in MDI products for export outside the EU. Gas purchased for use in such products should be exempted from the EU Fgas quota as is also the case for technical refrigerant exports (Article 16, 2 (c) ). Amendment 441 Stelios Kympouropoulos, Dolors Montserrat, Dan-tefan Motreanu, Bartosz Arlukowicz, Pernille Weiss, Sara Skyttedal Proposal for a regulation Article 16 - paragraph 4 - subparagraph 1 - introductory part Text proposed by the Commission Amendment Following a substantiated request by a competent authority of a Member State and taking into account the objectives of this Regulation, the Commission may, exceptionally by means of implementing acts, authorise an exemption for up to four years to exclude from the quota requirement laid down in paragraph 1 hydrofluorocarbons for use in specific applications, or specific categories of products or equipment, where it is demonstrated in the request that: Following a substantiated request by a competent authority of a Member State, or an Agency of the EU, or the Consultation Forum, and taking into account the objectives of this Regulation, the Commission may, exceptionally by means of implementing acts, authorise an exemption for up to four years to exclude from the quota requirement laid down in paragraph 1 hydrofluorocarbons for use in specific applications, or specific categories of products or equipment, where it is demonstrated in the request that: Or. en Amendment 442 Susana Sols Prez Proposal for a regulation Article 16 - paragraph 4 - subparagraph 1 - introductory part Text proposed by the Commission Amendment Following a substantiated request by a competent authority of a Member State and taking into Following a substantiated request by a competent authority of a Member State or an Agency of the PE737.211v01-00 EN 202/334 PR\1265051EN.docx account the objectives of this Regulation, the Commission may, exceptionally by means of implementing acts, authorise an exemption for up to four years to exclude from the quota requirement laid down in paragraph 1 hydrofluorocarbons for use in specific applications, or specific categories of products or equipment, where it is demonstrated in the request that: EU, or the Consultation Forum, and taking into account the objectives of this Regulation, the Commission may, exceptionally by means of implementing acts, authorise an exemption for up to four years to exclude from the quota requirement laid down in paragraph 1 hydrofluorocarbons for use in specific applications, or specific categories of products or equipment,where it is demonstrated in the request that: Or. en Amendment 443 Gnther Sidl, Maria Arena Proposal for a regulation Article 16 - paragraph 4 - subparagraph 1 - introductory part Text proposed by the Commission Amendment Following a substantiated request by a competent authority of a Member State and taking into account the objectives of this Regulation, the Commission may, exceptionally by means of implementing acts, authorise an exemption for up to four years to exclude from the quota requirement laid down in paragraph 1 hydrofluorocarbons for use in specific applications, or specific categories of products or equipment, where it is demonstrated in the request that: Following a substantiated request by a competent authority of a Member State or an Agency of the EU and taking into account the objectives of this Regulation, the Commission may, exceptionally by means of implementing acts, authorise an exemption for up to four years to exclude from the quota requirement laid down in paragraph 1 hydrofluorocarbons for use in specific applications, or specific categories of products or equipment, where it is demonstrated in the request that: Or. en Amendment 444 Ondej Knotek, Andreas Glck, Emma Wiesner, Billy Kelleher Proposal for a regulation Article 16 - paragraph 4 - subparagraph 1 - introductory part Text proposed by the Commission Amendment Following a substantiated request by a competent authority of a Member State and taking into account the objectives of this Regulation, the Commission may, exceptionally by means of implementing acts, authorise an exemption for up to four years to exclude from the quota requirement laid down in paragraph 1 hydrofluorocarbons for use in specific applications, Following a substantiated request by a competent authority of a Member State and taking into account the objectives of this Regulation, the Commission may, exceptionally by means of implementing acts, authorise an exemption for up to eight years to exclude from the quota requirement laid down in paragraph 1 hydrofluorocarbons for use in specific applications, PR\1265051EN.docx 203/334 PE737.211v01-00 EN or specific categories of products or equipment, where it is demonstrated in the request that: or specific categories of products or equipment, where it is demonstrated in the request that: Or. en Justification It is important to phase out quite rapidly HFCs. However, flexibility is needed due to the rising demand for heat pumps and the lack of certainty regarding the availability of alternative for MDIs to avoid any shortage. Amendment 445 Gnther Sidl, Maria Arena Proposal for a regulation Article 16 - paragraph 4 - subparagraph 1 - point a Text proposed by the Commission (a) for those particular applications, products or equipment, alternatives are not available, or cannot be used for technical or safety reasons; and Amendment (a) for those particular applications, products or equipment, alternatives are not available, or cannot be used for technical or safety reasons or risks to public health; and Or. en Amendment 446 Stelios Kympouropoulos, Dolors Montserrat, Dan-tefan Motreanu, Bartosz Arlukowicz, Pernille Weiss, Sara Skyttedal Proposal for a regulation Article 16 - paragraph 4 - subparagraph 1 - point a Text proposed by the Commission Amendment (a) for those particular applications, products or equipment, alternatives are not available, or cannot be used for technical or safety reasons; and (a) for those particular applications, products or equipment, alternatives are not available, or cannot be used for technical or safety reasons or risks to public health; and Or. en Amendment 447 Susana Sols Prez Proposal for a regulation Article 16 - paragraph 4 - subparagraph 1 - point a PE737.211v01-00 EN 204/334 PR\1265051EN.docx Text proposed by the Commission (a) for those particular applications, products or equipment, alternatives are not available, or cannot be used for technical or safety reasons; and Amendment (a) for those particular applications, products or equipment, alternatives are not available, or cannot be used for technical or safety reasons or risks to public health; and Or. en Amendment 448 Alexandr Vondra, Nicola Procaccini, Pietro Fiocchi Proposal for a regulation Article 16 - paragraph 4 - subparagraph 1 - point b Text proposed by the Commission (b) a sufficient supply of hydrofluorocarbons cannot be ensured without entailing disproportionate costs. Amendment (b) a sufficient supply of hydrofluorocarbons cannot be ensured without entailing disproportionate costs or risks to public health. Or. en Amendment 449 Edina Tth Proposal for a regulation Article 16 - paragraph 4 - subparagraph 1 - point b a (new) Text proposed by the Commission Amendment (b a) complying with the quota system would lead to a shortage of fluorinated greenhouse gases, which would undermine the EU's decarbonisation targets. Or. en Justification Following the justification provided for amendment of article 16.1, it is necessary to include the specification to quota system if it would constitute a barrier to the REPower EU objectives. Amendment 450 Danilo Oscar Lancini Proposal for a regulation Article 16 - paragraph 4 - subparagraph 1 - point b a (new) PR\1265051EN.docx 205/334 PE737.211v01-00 EN Text proposed by the Commission Amendment (b a) a sufficient supply of hydrofluorocarbons cannot be ensured without undermining availability of medicines for patients. Or. en Amendment 451 Alexandr Vondra Proposal for a regulation Article 16 - paragraph 4 - subparagraph 1 - point b a (new) Text proposed by the Commission Amendment (b a) the quota system will affect the European Union decarbonization targets. Or. en Amendment 452 Stelios Kympouropoulos, Dolors Montserrat, Dan-tefan Motreanu, Bartosz Arlukowicz, Pernille Weiss, Sara Skyttedal Proposal for a regulation Article 16 - paragraph 4 - subparagraph 2 Text proposed by the Commission Amendment Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 34(2). Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 34(2). Where requests concerning protection on imperative grounds of urgency so require, the Commission shall adopt delegated acts in accordance with the procedure provided for in Article 32 in order to authorise an exemption referred to in paragraph 4 of this Article. Or. en Amendment 453 Susana Sols Prez Proposal for a regulation Article 16 - paragraph 4 - subparagraph 2 PE737.211v01-00 EN 206/334 PR\1265051EN.docx Text proposed by the Commission Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 34(2). Amendment Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 34(2). (a). Where a request concerns protection of public health, and imperative grounds of urgency so require, the Commission shall adopt delegated acts in accordance with the procedure provided for in Article 32 (1a) in order to authorise an exemption referred to in paragraph 4 of this Article. Or. en Amendment 454 Alexandr Vondra Proposal for a regulation Article 16 - paragraph 4 - subparagraph 2 Text proposed by the Commission Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 34(2). Amendment Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 34(2). The authorized exemption shall be applicable within the whole Union and not exclusively to the single Member State. Or. en Amendment 455 Danilo Oscar Lancini Proposal for a regulation Article 16 - paragraph 4 - subparagraph 2 a (new) Text proposed by the Commission Amendment Once the exemption is authorized, that has to be applied within the whole Union and not just to the single Member State. Or. en Amendment 456 Alexandr Vondra PR\1265051EN.docx 207/334 PE737.211v01-00 EN Proposal for a regulation Article 16 - paragraph 6 Text proposed by the Commission 6. This Article and Articles 17, 20 to 29 and 31 shall also apply to hydrofluorocarbons contained in pre-blended polyols. Amendment 6. This Article and Articles 17, 20 to 29 and 31 shall not apply to hydrofluorocarbons contained in pre-blended polyols. Or. en Amendment 457 Nikolaj Villumsen Proposal for a regulation Article 16 a (new) Text proposed by the Commission Amendment Article 16 a Restriction on the export of certain hydrofluorocarbons, PFAS, and of products and equipment containing those The export of hydrofluorocarbons listed in Annex I, Section 1, with a GWP of 2 500 as well as fluorinated greenhouse gases that are also PFAS or otherwise decompose to PFAS, as well as products and equipment containing those gases or substances shall be prohibited. Or. en Amendment 458 Gnther Sidl, Maria Arena Proposal for a regulation Article 16 a (new) Text proposed by the Commission PE737.211v01-00 EN Amendment Article 16 a Restriction on the export of certain hydrofluorocarbons and of products and equipment containing those hydrofluorocarbons The export of fluorinated greenhouse gases listed in Annex I, Section 1, with a GWP of 2 500 or more, and of products and equipment containing 208/334 PR\1265051EN.docx those gases, shall be prohibited. Or. en Justification The EU as a global leader in climate change mitigation should not allow the export at least of the most climate harmful f-gases to third countries, also considering that such countries may not have the same stringent containment standards and infrastructure as the EU has. Amendment 459 Martin Hojsk, Michal Wiezik Proposal for a regulation Article 16 a (new) Text proposed by the Commission Amendment Article 16 a Restriction on the export of certain hydrofluorocarbons and of products and equipment containing those hydrofluorocarbons The export of fluorinated greenhouse gases listed in Annex I, Section 1, with a GWP of 2 500 or more, and of products and equipment containing those gases, shall be prohibited. Or. en Justification The European Union should in line with its aim to lead the global effort to tackle climate change and with its promises to not to export its environmental footprint outside its borders, particularly to developing states without sufficient infrastructure, limit the export of the most potent hydrofluorocarbons. The limit would furthermore incentivise European production of sustainable and safe alternatives. Amendment 460 Alexander Bernhuber Proposal for a regulation Article 17 - paragraph 5 Text proposed by the Commission (5) Die Zuweisung von Quoten erfolgt vorbehaltlich der Zahlung des flligen Betrags in Hhe von 3 EUR je Tonne zuzuweisendes CO2quivalent. Einfhrer und Hersteller werden ber das F-Gas-Portal ber den fr die berechnete entfllt PR\1265051EN.docx 209/334 Amendment PE737.211v01-00 EN maximale Quotenzuweisung fr das folgende Kalenderjahr flligen Betrag und die Zahlungsfrist informiert. Die Kommission kann im Wege von Durchfhrungsrechtsakten die Modalitten und Einzelheiten fr die Zahlung des flligen Betrags festlegen. Diese Durchfhrungsrechtsakte werden nach dem Prfverfahren gem Artikel 34 Absatz 2 erlassen. Einfhrern und Herstellern steht es frei, nur fr einen Teil der ihnen angebotenen berechneten maximalen Quotenzuweisung zu zahlen. In diesem Fall wird diesen Einfhrern und Erzeugern die Quote zugewiesen, die der innerhalb der festgesetzten Frist geleisteten Zahlung entspricht. Die Kommission teilt die Quote, fr die innerhalb der festgesetzten Frist keine Zahlung geleistet wurde, kostenlos nur auf diejenigen Einfhrer und Hersteller auf, die den Gesamtbetrag fr ihre berechnete maximale Quotenzuweisung gem Unterabsatz 1 gezahlt haben und die eine Anmeldung gem Absatz 3 eingereicht haben. Diese Aufteilung erfolgt auf der Grundlage des Anteils jedes Einfhrers oder Herstellers an der Summe aller berechneten Hchstquoten, die diesen Einfhrern und Herstellern angeboten und vollstndig gezahlt wurden. Die Kommission wird ermchtigt, in Abhngigkeit von Durchfhrungsproblemen im Zuweisungszeitraum die in Anhang VII genannte Hchstmenge nicht in vollem Umfang auszuschpfen oder zustzliche Quoten zuzuweisen. Or. de Amendment 461 Gnther Sidl, Maria Arena Proposal for a regulation Article 17 - paragraph 5 - subparagraph 1 Text proposed by the Commission The allocation of quotas is subject to the payment of the amount due which equals to three euro for each tonne of CO2 equivalent of quota to be allocated. Importers and producers shall be notified via the F-gas Portal of the total amount due for its calculated maximum quota allocation for the following calendar year and of the deadline for completing the payment. The Commission may, Amendment The allocation of quotas is subject to the payment of the amount due in accordance with Annex VII. Importers and producers shall be notified via the Fgas Portal of the total amount due for its calculated maximum quota allocation for the following calendar year and of the deadline for completing the payment. The Commission may, by means of implementing acts,determine the modalities and PE737.211v01-00 EN 210/334 PR\1265051EN.docx by means of implementing acts, determine the modalities and the detailed arrangements for the payment of the amount due. Those implementing acts shall be adopted in accordance with the examination procedure referred to in 34(2). the detailed arrangements for the payment of the amount due. Those implementing acts shall be adopted in accordance with the examination procedure referred to in 34(2). Or. en Amendment 462 Nikolaj Villumsen Proposal for a regulation Article 17 - paragraph 5 - subparagraph 1 Text proposed by the Commission The allocation of quotas is subject to the payment of the amount due which equals to three euro for each tonne of CO2 equivalent of quota to be allocated. Importers and producers shall be notified via the F-gas Portal of the total amount due for its calculated maximum quota allocation for the following calendar year and of the deadline for completing the payment. The Commission may, by means of implementing acts, determine the modalities and the detailed arrangements for the payment of the amount due. Those implementing acts shall be adopted in accordance with the examination procedure referred to in 34(2). Amendment The allocation of quotas is subject to the payment of the amount due in accordance with Annex VIIIa. Importers and producers shall be notified via the Fgas Portal of the total amount due for its calculated maximum quota allocation for the following calendar year and of the deadline for completing the payment. The Commission may, by means of implementing acts, determine the modalities and the detailed arrangements for the payment of the amount due. Those implementing acts shall be adopted in accordance with the examination procedure referred to in 34(2). Or. en Amendment 463 Ondej Knotek, Martin Hojsk, Emma Wiesner, Billy Kelleher Proposal for a regulation Article 17 - paragraph 5 - subparagraph 1 Text proposed by the Commission Amendment The allocation of quotas is subject to the payment of the amount due which equals to three euro for each tonne of CO2 equivalent of quota to be allocated. Importers and producers shall be notified via the F-gas Portal of the total amount due for its calculated maximum quota allocation for the following calendar year and of the deadline for completing the payment. The Commission may, by means of implementing acts, determine the modalities and the detailed arrangements for the The allocation of quotas is subject to the payment of the amount due which equals to five euro for each tonne of CO2 equivalent of quota to be allocated. Importers and producers shall be notified via the F-gas Portal of the total amount due for its calculated maximum quota allocation for the following calendar year and of the deadline for completing the payment. The Commission may, by means of implementing acts, determine the modalities and the detailed arrangements for the PR\1265051EN.docx 211/334 PE737.211v01-00 EN payment of the amount due. Those implementing acts shall be adopted in accordance with the examination procedure referred to in 34(2). payment of the amount due. Those implementing acts shall be adopted in accordance with the examination procedure referred to in 34(2). Or. en Amendment 464 Alexandr Vondra Proposal for a regulation Article 17 - paragraph 5 - subparagraph 1 Text proposed by the Commission The allocation of quotas is subject to the payment of the amount due which equals to three euro for each tonne of CO2 equivalent of quota to be allocated. Importers and producers shall be notified via the F-gas Portal of the total amount due for its calculated maximum quota allocation for the following calendar year and of the deadline for completing the payment. The Commission may, by means of implementing acts, determine the modalities and the detailed arrangements for the payment of the amount due. Those implementing acts shall be adopted in accordance with the examination procedure referred to in 34(2). Amendment The allocation of quotas is subject to the payment of the amount due which equals to one euro for each tonne of CO2 equivalent of quota to be allocated. Importers and producers shall be notified via the F-gas Portal of the total amount due for its calculated maximum quota allocation for the following calendar year and of the deadline for completing the payment. The Commission may, by means of implementing acts, determine the modalities and the detailed arrangements for the payment of the amount due. Those implementing acts shall be adopted in accordance with the examination procedure referred to in 34(2). Or. en Amendment 465 Stanislav Polck Proposal for a regulation Article 17 - paragraph 5 - subparagraph 1 Text proposed by the Commission Pidlen kvt je podmnno zaplacenm dluzn cstky, kter se rovn tem eurm za kazdou tunu ekvivalentu kvty CO2, kter m bt pidlena. Dovozci a vrobci jsou prostednictvm portlu fluorovanch sklenkovch plyn informovni o celkov splatn cstce za svou vypoctenou maximln kvtu pidlenou na nsledujc kalendn rok a o lht pro proveden platby. Komise mze prostednictvm provdcch akt stanovit zpsoby a podrobnosti platby splatn cstky. Tyto provdc akty se pijmaj pezkumnm postupem podle cl. 34 odst. 2. Amendment Pidlen kvt je podmnno zaplacenm cstky, kter se rovn tem eurm za kazdou tunu ekvivalentu kvty CO2, kter m bt pidlena. Dovozci a vrobci jsou prostednictvm portlu fluorovanch sklenkovch plyn informovni o celkov splatn cstce za svou vypoctenou maximln kvtu pidlenou na nsledujc kalendn rok a o lht pro proveden platby. Komise mze prostednictvm provdcch akt stanovit zpsoby a podrobnosti platby splatn cstky. Tyto provdc akty se pijmaj pezkumnm postupem podle cl. 34 odst. 2. PE737.211v01-00 EN 212/334 PR\1265051EN.docx Or. cs Amendment 466 Stanislav Polck Proposal for a regulation Article 17 - paragraph 5 - subparagraph 3 Text proposed by the Commission Komise bezplatn perozdl kvtu, za niz nebyla provedena platba ve stanoven lht, pouze tm dovozcm a vrobcm, kte zaplatili celkovou dluznou cstku za svou vypoctenou maximln kvtu pidlenou podle prvnho pododstavce a kte ucinili prohlsen uveden v odstavci 3. Toto rozdlen se provd na zklad podlu kazdho dovozce nebo vrobce na souctu vsech maximlnch vypoctench kvt nabdnutch tmto dovozcm a vrobcm a jimi uhrazench v pln vsi. Amendment Komise bezplatn perozdl kvtu, za niz nebyla provedena platba ve stanoven lht, pouze tm dovozcm a vrobcm, kte zaplatili celkovou cstku za svou vypoctenou maximln kvtu pidlenou podle prvnho pododstavce a kte ucinili prohlsen uveden v odstavci 3. Toto rozdlen se provd na zklad podlu kazdho dovozce nebo vrobce na souctu vsech maximlnch vypoctench kvt nabdnutch tmto dovozcm a vrobcm a jimi uhrazench v pln vsi. Or. cs Amendment 467 Alexander Bernhuber Proposal for a regulation Article 17 - paragraph 6 Text proposed by the Commission (6) Der Kommission wird die Befugnis bertragen, gem Artikel 32 delegierte Rechtsakte zu erlassen, um Absatz 5 in Bezug auf die fr die Zuweisung von Quoten und den Mechanismus zur Zuweisung der verbleibenden Quoten flligen Betrge zu ndern, wenn dies erforderlich ist, um grere Strungen des Marktes fr teilfluorierte Kohlenwasserstoffe zu verhindern, oder wenn der Mechanismus seinen Zweck nicht erfllt und unerwnschte oder unbeabsichtigte Auswirkungen hat. entfllt Amendment Or. de Amendment 468 Stelios Kympouropoulos, Dolors Montserrat, Dan-tefan Motreanu, Bartosz Arlukowicz, Pernille Weiss, Sara PR\1265051EN.docx 213/334 PE737.211v01-00 EN Skyttedal Proposal for a regulation Article 17 - paragraph 6 Text proposed by the Commission 6. The Commission is empowered to adopt delegated acts in accordance with Article 32 to amend paragraph 5 as regards the amounts due for the allocation of quota and the mechanism to allocate remaining quotas, where necessary to prevent major disruptions of the market of hydrofluorocarbons, or where the mechanism is not fulfilling its purpose and is having undesirable or unintended effects. Amendment 6. The Commission is empowered to adopt delegated acts in accordance with Article 32 to amend paragraph 5 as regards the amounts due for the allocation of quota and the mechanism to allocate remaining quotas, where necessary to prevent major disruptions of the market of hydrofluorocarbons or any disruption to the supply of pharmaceutical products, or where the mechanism is not fulfilling its purpose and is having undesirable or unintended effects, including on public health. The Consultation Forum shall be consulted on the potential unintended effects that form a basis for a delegated act. Or. en Justification It is important that unintended risks to public health are identified in a timely manner. To anticipate the effects of a proposed exemption from the quota system, the Commission should inform and make use of the expertise of the Consultation Forum to inform the decision and the duration leading of a delegated act. Amendment 469 Danilo Oscar Lancini Proposal for a regulation Article 17 - paragraph 6 Text proposed by the Commission 6. The Commission is empowered to adopt delegated acts in accordance with Article 32 to amend paragraph 5 as regards the amounts due for the allocation of quota and the mechanism to allocate remaining quotas, where necessary to prevent major disruptions of the market of hydrofluorocarbons, or where the mechanism is not fulfilling its purpose and is having undesirable or unintended effects. Amendment 6. The Commission is empowered to adopt delegated acts in accordance with Article 32 to amend paragraph 5 as regards the amounts due for the allocation of quota and the mechanism to allocate remaining quotas, where necessary to prevent major disruptions of the market of hydrofluorocarbons or any disruption to the supply of pharmaceutical products, or where the mechanism is not fulfilling its purpose and is having undesirable or unintended effects, including on public health. Or. en PE737.211v01-00 EN 214/334 PR\1265051EN.docx Amendment 470 Susana Sols Prez Proposal for a regulation Article 17 - paragraph 6 Text proposed by the Commission 6. The Commission is empowered to adopt delegated acts in accordance with Article 32 to amend paragraph 5 as regards the amounts due for the allocation of quota and the mechanism to allocate remaining quotas, where necessary to prevent major disruptions of the market of hydrofluorocarbons, or where the mechanism is not fulfilling its purpose and is having undesirable or unintended effects. Amendment 6. The Commission is empowered to adopt delegated acts in accordance with Article 32 to amend paragraph 5 as regards the amounts due for the allocation of quota and the mechanism to allocate remaining quotas, where necessary to prevent major disruptions of the market of hydrofluorocarbons, or any disruption to the supply of pharmaceutical products, or where the mechanism is not fulfilling its purpose and is having undesirable or unintended effects, including on public health. Or. en Amendment 471 Alexandr Vondra, Nicola Procaccini, Pietro Fiocchi Proposal for a regulation Article 17 - paragraph 6 Text proposed by the Commission 6. The Commission is empowered to adopt delegated acts in accordance with Article 32 to amend paragraph 5 as regards the amounts due for the allocation of quota and the mechanism to allocate remaining quotas, where necessary to prevent major disruptions of the market of hydrofluorocarbons, or where the mechanism is not fulfilling its purpose and is having undesirable or unintended effects. Amendment 6. The Commission is empowered to adopt delegated acts in accordance with Article 32 to amend paragraph 5 as regards the amounts due for the allocation of quota and the mechanism to allocate remaining quotas, where necessary to prevent major disruptions of the market of hydrofluorocarbons or any disruption to the supply of pharmaceutical products, or where the mechanism is not fulfilling its purpose or is having undesirable or unintended effects, including on public health. Or. en Amendment 472 Gnther Sidl, Maria Arena Proposal for a regulation Article 17 - paragraph 6 PR\1265051EN.docx 215/334 PE737.211v01-00 EN Text proposed by the Commission 6. The Commission is empowered to adopt delegated acts in accordance with Article 32 to amend paragraph 5 as regards the amounts due for the allocation of quota and the mechanism to allocate remaining quotas, where necessary to prevent major disruptions of the market of hydrofluorocarbons, or where the mechanism is not fulfilling its purpose and is having undesirable or unintended effects. Amendment 6. The Commission is empowered to adopt delegated acts in accordance with Article 32 to amend paragraph 5 as regards the amounts due for the allocation of quota and the mechanism to allocate remaining quotas, where necessary to prevent major disruptions of the market of hydrofluorocarbons, or where the mechanism is not fulfilling its purpose and is having undesirable or unintended effects on public health and on the users of metered dose inhalers in particular. Or. en Amendment 473 Alexander Bernhuber Proposal for a regulation Article 17 - paragraph 7 Text proposed by the Commission (7) Die Einnahmen aus der Quotenzuweisung gelten als externe zweckgebundene Einnahmen im Sinne von Artikel 21 Absatz 5 der Verordnung (EU, Euratom) 2018/1046. Diese Einnahmen werden dem LIFE-Programm und der Rubrik 7 des mehrjhrigen Finanzrahmens (Europische ffentliche Verwaltung) zugewiesen, um die Kosten fr externes Personal zu decken, das mit der Verwaltung der Quotenzuweisung, ITDienstleistungen und Lizenzvergabesystemen zum Zweck der Durchfhrung dieser Verordnung und zur Gewhrleistung der Einhaltung des Protokolls befasst ist. Alle nach der Deckung dieser Kosten verbleibenden Einnahmen werden in den Gesamthaushalt der Union eingestellt. entfllt Amendment Or. de Justification Eine Quotengebhr wird einerseits die ohnehin schon hohen F-Gas-Preise weiter anheben. Andererseits werden die hheren Preise den illegalen Verkauf von F-Gasen weiter frdern, wie wir es in der Vergangenheit gesehen haben. Angesichts dessen, dass sich die Vollzugskapazitten der EU in den letzten Jahren nicht verbessert haben, werden KMU weiterhin massiv illegalen Importen ausgesetzt sein. Amendment 474 Gnther Sidl, Maria Arena PE737.211v01-00 EN 216/334 PR\1265051EN.docx Proposal for a regulation Article 17 - paragraph 7 Text proposed by the Commission 7. The revenue generated from the quota allocation amount shall constitute external assigned revenue in accordance with Article 21(5) of Regulation (EU, Euratom) No 2018/1046. That revenue shall be assigned to the LIFE programme and to Heading 7 of the multiannual financial framework (European Public Administration), to cover the costs of external staff working on the management of the quota allocation, IT services, and licensing systems for the purpose of implementation of this Regulation and for ensuring compliance with the Protocol. Any revenue remaining after covering these costs shall be entered into the general budget of the Union. Amendment 7. The revenue generated from the quota allocation amount shall constitute external assigned revenue in accordance with Article 21(5) of Regulation (EU, Euratom) No 2018/1046. That revenue shall be assigned to the LIFE programme and to Heading 7 of the multiannual financial framework(European Public Administration): (a) to cover the costs of external staff working on the management of the quota allocation, IT services, and licensing systems for the purpose of implementation of this Regulation, including Article 24; (b) to cover the costs for ensuring compliance with the Protocol; (c) to support implementation of Articles 10, 23, 27, 28 and 29 in Member States; and (d) to accelerate the deployment of heat pumps containing, or whose functioning relies upon, alternatives to fluorinated greenhouse gases, including increasing production of necessary equipment, facilitating access to finance, reducing prices for consumers, training and certifying natural persons under Article 10 and reskilling gas boiler installers. Any revenue remaining after covering these costs shall be entered into the general budget of the Union. Or. en Amendment 475 Nikolaj Villumsen Proposal for a regulation Article 17 - paragraph 7 PR\1265051EN.docx 217/334 PE737.211v01-00 EN Text proposed by the Commission 7. The revenue generated from the quota allocation amount shall constitute external assigned revenue in accordance with Article 21(5) of Regulation (EU, Euratom) No 2018/1046. That revenue shall be assigned to the LIFE programme and to Heading 7 of the multiannual financial framework (European Public Administration), to cover the costs of external staff working on the management of the quota allocation, IT services, and licensing systems for the purpose of implementation of this Regulation and for ensuring compliance with the Protocol. Any revenue remaining after covering these costs shall be entered into the general budget of the Union. Amendment 7. The revenue generated from the quota allocation amount shall constitute external assigned revenue in accordance with Article 21(5) of Regulation (EU, Euratom) No 2018/1046. That revenue shall be assigned to the LIFE programme and to Heading 7 of the multiannual financial framework (European Public Administration): a) to cover the costs of external staff working on the management of the quota allocation, IT services, and licensing systems for the purpose of implementation of this Regulation, including Article 24; b) to cover the cost for ensuring compliance with the Protocol; c) to support Member States in implementation of Articles 10, 23, 27, 28 and 29; and d) to support Member States' efforts in accelerating the deployment of heat pumps containing, or whose function relies, alternatives to fluorinated greenhouse gases, including increasing production of necessary equipment, facilitating access to finance, reducing prices for consumers and training and certifying natural persons under Article 10. Any revenue remaining after covering these costs shall be entered into the general budget of the Union. Or. en Amendment 476 Danilo Oscar Lancini Proposal for a regulation Article 17 - paragraph 7 Text proposed by the Commission 7. The revenue generated from the quota allocation amount shall constitute external assigned revenue in accordance with Article 21(5) Amendment 7. The revenue generated from the quota allocation amount shall constitute external assigned revenue in accordance with PE737.211v01-00 EN 218/334 PR\1265051EN.docx of Regulation (EU, Euratom) No 2018/1046. That revenue shall be assigned to the LIFE programme and to Heading 7 of the multiannual financial framework (European Public Administration), to cover the costs of external staff working on the management of the quota allocation, IT services, and licensing systems for the purpose of implementation of this Regulation and for ensuring compliance with the Protocol. Any revenue remaining after covering these costs shall be entered into the general budget of the Union. Article 21(5) of Regulation (EU, Euratom) No 2018/1046. Revenues shall be assigned primarily to enforcement (activities, equipment, training programmes, and resources) in Member States. The remaining revenue shall be assigned to the LIFE programme and to Heading 7 of the multiannual financial framework (European Public Administration), to cover the costs of external staff working on the management of the quota allocation, IT services, and licensing systems for the purpose of implementation of this Regulation and for ensuring compliance with the Protocol. Any revenue remaining after covering these costs shall be entered into the general budget of the Union. Or. en Amendment 477 Cristian-Silviu Buoi Proposal for a regulation Article 17 - paragraph 7 Text proposed by the Commission 7. The revenue generated from the quota allocation amount shall constitute external assigned revenue in accordance with Article 21(5) of Regulation (EU, Euratom) No 2018/1046. That revenue shall be assigned to the LIFE programme and to Heading 7 of the multiannual financial framework (European Public Administration), to cover the costs of external staff working on the management of the quota allocation, IT services, and licensing systems for the purpose of implementation of this Regulation and for ensuring compliance with the Protocol. Any revenue remaining after covering these costs shall be entered into the general budget of the Union. Amendment 7. The revenue generated from the quota allocation amount shall constitute external assigned revenue in accordance with Article 21(5) of Regulation (EU, Euratom) No 2018/1046. At least 50% of that revenue shall be assigned to enforcement (activities, equipment, training programmes, and resources) in Member States. The remaining revenue shall be assigned to the LIFE programme and to Heading 7 of the multiannual financial framework (European Public Administration), to cover the costs of external staff working on the management of the quota allocation, IT services, and licensing systems for the purpose of implementation of this Regulation and for ensuring compliance with the Protocol. Any revenue remaining after covering these costs shall be entered into the general budget of the Union. Or. en Amendment 478 Martin Hojsk, Michal Wiezik Proposal for a regulation Article 17 - paragraph 7 PR\1265051EN.docx 219/334 PE737.211v01-00 EN Text proposed by the Commission 7. The revenue generated from the quota allocation amount shall constitute external assigned revenue in accordance with Article 21(5) of Regulation (EU, Euratom) No 2018/1046. That revenue shall be assigned to the LIFE programme and to Heading 7 of the multiannual financial framework (European Public Administration), to cover the costs of external staff working on the management of the quota allocation, IT services, and licensing systems for the purpose of implementation of this Regulation and for ensuring compliance with the Protocol. Any revenue remaining after covering these costs shall be entered into the general budget of the Union. Amendment 7. The revenue generated from the quota allocation amount shall constitute external assigned revenue in accordance with Article 21(5) of Regulation (EU, Euratom) No 2018/1046. That revenue shall be assigned to the LIFE programme and to Heading 7 of the multiannual financial framework (European Public Administration), to cover the costs of external staff working on the management of the quota allocation, for enforcement efforts, including capacity building, support of uptake of safe alternatives, IT services, and licensing systems for the purpose of implementation of this Regulation and for ensuring compliance with the Protocol. Any revenue remaining after covering these costs shall be entered into the general budget of the Union. Or. en Amendment 479 Ondej Knotek, Martin Hojsk, Emma Wiesner, Billy Kelleher Proposal for a regulation Article 17 - paragraph 7 Text proposed by the Commission Amendment 7. The revenue generated from the quota allocation amount shall constitute external assigned revenue in accordance with Article 21(5) of Regulation (EU, Euratom) No 2018/1046. That revenue shall be assigned to the LIFE programme and to Heading 7 of the multiannual financial framework (European Public Administration), to cover the costs of external staff working on the management of the quota allocation, IT services, and licensing systems for the purpose of implementation of this Regulation and for ensuring compliance with the Protocol. Any revenue remaining after covering these costs shall be entered into the general budget of the Union. 7. The revenue generated from the quota allocation amount shall constitute external assigned revenue in accordance with Article 21(5) of Regulation (EU, Euratom) No 2018/1046. That revenue shall be assigned to the LIFE programme and to Heading 7 of the multiannual financial framework (European Public Administration), to cover the costs of external staff working on the management of the quota allocation, IT services, and licensing systems for the purpose of implementation of this Regulation and for ensuring compliance with the Protocol. Any revenue remaining after covering these costs shall be allocated to Horizon Europe Fund. Or. en Justification Any remaining revenue, after the coverage of administrative costs, should go to Horizon Europe to stimulate the development of alternatives. PE737.211v01-00 EN 220/334 PR\1265051EN.docx Amendment 480 Danilo Oscar Lancini Proposal for a regulation Article 18 - paragraph 1 Text proposed by the Commission 1. Quotas shall only be allocated to producers or importers that have an establishment within the Union, or which have mandated an only representative with an establishment within the Union that assumes the full responsibility of complying with this Regulation. The only representative may be the same as the one mandated pursuant to Article 8 of Regulation (EC) No 1907/2006 of the European Parliament and of the Council43 . _________________ 43 Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ L 396, 30.12.2006, p. 1). Amendment 1. Quotas shall only be allocated to producers or importers that have an establishment within the Union, or which have mandated an only representative with an establishment within the Union that assumes the full responsibility of complying with this Regulation and with therequirements of Title II of Regulation (EC) No 1907/2006 of the European Parliament and of the Council. The only representative may be the same as the one mandated pursuant to Article 8 of Regulation (EC) No 1907/2006 of the European Parliament and of the Council43 . _________________ 43 Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ L 396, 30.12.2006, p. 1). Or. en Amendment 481 Alexandr Vondra Proposal for a regulation Article 18 - paragraph 1 Text proposed by the Commission 1. Quotas shall only be allocated to producers or importers that have an establishment within the Union, or which have mandated an only representative with an establishment within the Union that assumes the full responsibility of complying with this Regulation. The only representative may be the same as the one Amendment 1. Quotas shall only be allocated to producers or importers that have an establishment within the Union, or which have mandated an only representative with an establishment within the Union that assumes the full responsibility of complying with this Regulation and with therequirements of Title II of Regulation (EC) No PR\1265051EN.docx 221/334 PE737.211v01-00 EN mandated pursuant to Article 8 of Regulation (EC) No 1907/2006 of the European Parliament and of the Council43 . _________________ 43 Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ L 396, 30.12.2006, p. 1). 1907/2006 of the European Parliament and of the Council. The only representative may be the same as the one mandated pursuant to Article 8 of Regulation (EC) No 1907/2006 of the European Parliament and of the Council43 . _________________ 43 Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ L 396, 30.12.2006, p. 1). Or. en Amendment 482 Cristian-Silviu Buoi Proposal for a regulation Article 18 - paragraph 1 Text proposed by the Commission 1. Quotas shall only be allocated to producers or importers that have an establishment within the Union, or which have mandated an only representative with an establishment within the Union that assumes the full responsibility of complying with this Regulation. The only representative may be the same as the one mandated pursuant to Article 8 of Regulation (EC) No 1907/2006 of the European Parliament and of the Council43 . _________________ 43 Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and Amendment 1. Quotas shall only be allocated to producers or importers that have an establishment within the Union, or which have mandated an only representative with an establishment within the Union that assumes the full responsibility of complying with this Regulation and with therequirements of Title II of Regulation (EC) No 1907/2006 of the European Parliament and of the Council. The only representative may be the same as the one mandated pursuant to Article 8 of Regulation (EC) No 1907/2006 of the European Parliament and of the Council43 . _________________ 43 Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and PE737.211v01-00 222/334 PR\1265051EN.docx EN 2000/21/EC (OJ L 396, 30.12.2006, p. 1). 2000/21/EC (OJ L 396, 30.12.2006, p. 1). Or. en Amendment 483 Stanislav Polck Proposal for a regulation Article 18 - paragraph 2 Text proposed by the Commission 2. Pouze dovozci a vrobci, kte maj zkusenosti s obchodovnm s chemickmi ltkami po dobu t po sob nsledujcch let ped obdobm pidlovn kvt, mohou pedkldat prohlsen uveden v cl. 17 odst. 3 nebo na tomto zklad obdrzet pidlenou kvtu podle cl. 17 odst. 4. Dovozci a vrobci pedloz Komisi za tmto celem na pozdn dkazy. Amendment 2. Pouze dovozci a vrobci, kte maj zkusenosti s obchodovnm s nebezpecnmi chemickmi ltkami po dobu t po sob nsledujcch let ped obdobm pidlovn kvt, mohou pedkldat prohlsen uveden v cl. 17 odst. 3 nebo na tomto zklad obdrzet pidlenou kvtu podle cl. 17 odst. 4. Dovozci a vrobci pedloz Komisi za tmto celem na pozdn dkazy. Or. cs Amendment 484 Nikolaj Villumsen Proposal for a regulation Article 19 - paragraph 1 Text proposed by the Commission 1. Refrigeration, air conditioning and heat pump equipment charged with hydrofluorocarbons shall not be placed on the market unless hydrofluorocarbons charged into the equipment are accounted for within the quota system referred to in this Chapter. Amendment 1. Refrigeration, air conditioning, heat pump equipment and metered dose inhalers charged with hydrofluorocarbons shall not be placed on the market unless hydrofluorocarbons charged into the equipment or product are accounted for within the quota system referred to in this Chapter. Or. en Amendment 485 Martin Hojsk, Michal Wiezik Proposal for a regulation Article 19 - paragraph 1 PR\1265051EN.docx 223/334 PE737.211v01-00 EN Text proposed by the Commission 1. Refrigeration, air conditioning and heat pump equipment charged with hydrofluorocarbons shall not be placed on the market unless hydrofluorocarbons charged into the equipment are accounted for within the quota system referred to in this Chapter. Amendment 1. Refrigeration, air conditioning, meter dose inhalers and heat pump equipment charged with hydrofluorocarbons shall not be placed on the market unless hydrofluorocarbons charged into the equipment are accounted for within the quota system referred to in this Chapter. Or. en Justification The amendment aligns the paragraph with the intention of the Commission to include MDI under the quota system, among others to incentivise uptake of climate-friendly alternatives that are already available and that would not require any adaptations for the MDIs use by patients (see the Commission staff working document impact assessment SWD/2022/96 final accompanying this proposal). Amendment 486 Gnther Sidl, Maria Arena Proposal for a regulation Article 19 - paragraph 2 - subparagraph 1 Text proposed by the Commission When placing pre-charged equipment as referred to in paragraph 1 on the market, manufacturers and importers of equipment shall ensure that compliance with paragraph 1 is fully documented and shall draw up a declaration of conformity in this respect. Amendment When placing pre-charged equipment or products as referred to in paragraph 1 on the market, manufacturers and importers of equipment or products shall ensure that compliance with paragraph 1 is fully documented and shall draw up a declaration of conformity in this respect.. Or. en Amendment 487 Gnther Sidl, Maria Arena Proposal for a regulation Article 19 - paragraph 2 - subparagraph 2 Text proposed by the Commission By drawing up the declaration of conformity, manufacturers and importers of equipment shall assume responsibility for compliance with this paragraph and paragraph 1. Amendment By drawing up the declaration of conformity, manufacturers and importers of equipment or products shall assume responsibility for compliance with this paragraph and paragraph 1. Or. en PE737.211v01-00 EN 224/334 PR\1265051EN.docx Amendment 488 Gnther Sidl, Maria Arena Proposal for a regulation Article 19 - paragraph 2 - subparagraph 3 Text proposed by the Commission Manufacturers and importers of equipment shall keep this documentation and the declaration of conformity for a period of at least five years after the placing on the market of that equipment and shall make it available, on request, to the competent authorities of Member States and the Commission. Amendment Manufacturers and importers of equipment or products shall keep this documentation and the declaration of conformity for a period of at least five years after the placing on the market of that equipment or products and shall make it available, on request, to the competent authorities of Member States and the Commission. Or. en Amendment 489 Gnther Sidl, Maria Arena Proposal for a regulation Article 19 - paragraph 3 - subparagraph 1 Text proposed by the Commission Where hydrofluorocarbons contained in the equipment referred to in paragraph 1 have not been placed on the market prior to the charging of the equipment, importers of that equipment shall ensure that, by 30 April [OP: Please insert the year of application of this Regulation] and every year thereafter, the accuracy of the documentation, the declaration of conformity and the veracity of their report pursuant to Article 26 is confirmed, for the preceding calendar year, at a reasonable level of assurance by an independent auditor registered in the F-gas Portal. Amendment Where hydrofluorocarbons contained in the equipment or products referred to in paragraph 1 have not been placed on the market prior to the charging of the equipment, importers of that equipment or products shall ensure that, by 30 April [OP: Please insert the year of application of this Regulation] and every year thereafter, the accuracy of the documentation, the declaration of conformity and the veracity of their report pursuant to Article 26 is confirmed, for the preceding calendar year, at a reasonable level of assurance by an independent auditor registered in the F-gas Portal. Or. en Amendment 490 Gnther Sidl, Maria Arena Proposal for a regulation Article 19 - paragraph 5 PR\1265051EN.docx 225/334 PE737.211v01-00 EN Text proposed by the Commission 5. Importers of equipment referred to in paragraph 1, which has no establishment in the Union, shall mandate an only representative with an establishment within the Union that assumes the full responsibility of complying with this Regulation. The only representative may be the same as the one mandated pursuant to Article 8 of Regulation (EC) No 1907/2006. Amendment 5. Importers of equipment or products referred to in paragraph 1, which has no establishment in the Union, shall mandate an only representative with an establishment within the Union that assumes the full responsibility of complying with this Regulation. The only representative may be the same as the one mandated pursuant to Article 8 of Regulation (EC) No 1907/2006. Or. en Amendment 491 Gnther Sidl, Maria Arena Proposal for a regulation Article 19 - paragraph 6 Text proposed by the Commission 6. This Article shall not apply to undertakings that placed on the market less than 100 tonnes of CO2 equivalent of hydrofluorocarbons, per year, contained in the equipment referred to in paragraph 1. Amendment 6. This Article shall not apply to undertakings that placed on the market less than 100 tonnes of CO2 equivalent of hydrofluorocarbons, per year, contained in the equipment or products referred to in paragraph 1. Or. en Amendment 492 Gnther Sidl, Maria Arena Proposal for a regulation Article 19 - paragraph 6 a (new) Text proposed by the Commission Amendment 6 a. The export of used equipment charged with fluorinated greenhouse gases shall be prohibited unless the fluorinated greenhouse gases charged within such equipment have been recovered prior to export. Or. en Amendment 493 Martin Hojsk, Michal Wiezik PE737.211v01-00 EN 226/334 PR\1265051EN.docx Proposal for a regulation Article 20 - paragraph 4 - subparagraph 1 - introductory part Text proposed by the Commission Amendment Undertakings shall have a valid registration in the F-gas Portal prior to the import or export of fluorinated greenhouse gases and products and equipment containing fluorinated greenhouse gases or whose functioning relies upon those gases except in cases of temporary storage and for the following activities: Undertakings shall have a valid registration in the F-gas Portal prior to the import or export of fluorinated greenhouse gases and products and equipment containing fluorinated greenhouse gases or whose functioning relies upon those gases for the following activities: Justification The amendment aims at better traceability of F-gases. Or. en Amendment 494 Gnther Sidl, Maria Arena Proposal for a regulation Article 20 - paragraph 4 - subparagraph 1 - introductory part Text proposed by the Commission Amendment Undertakings shall have a valid registration in the F-gas Portal prior to the import or export of fluorinated greenhouse gases and products and equipment containing fluorinated greenhouse gases or whose functioning relies upon those gases except in cases of temporary storage and for the following activities: Undertakings shall have a valid registration in the F-gas Portal prior to the import or export of fluorinated greenhouse gases and products and equipment containing fluorinated greenhouse gases or whose functioning relies upon those gases except for the following activities: Or. en Justification it is better to require registration of equipment and products even if they are for temporary storage, so that if eventually they aren't and are placed on the market, they can be traced back. Moreover, temporary storage is not exempt from the licencing requirements under the Montreal Protocol. Amendment 495 Bas Eickhout Proposal for a regulation Article 20 - paragraph 4 - subparagraph 1 - point c PR\1265051EN.docx 227/334 PE737.211v01-00 EN Text proposed by the Commission (c) supplying, or receiving hydrofluorocarbons for the purposes listed in points (a) to (e) of Article 16(2); deleted Amendment Or. en Justification There are several exemptions under the licensing system. As currently envisaged, the licensing requirements do not fulfil the requirements of the Montreal Protocol, which requires each Party to establish and implement a system for licensing the import and export of new, used, recycled and reclaimed "controlled substances" in Annex F of the Protocol. All HFCs in Annex F (Section I of Annex 1 of the EU F-Gas Regulation) are controlled substances, whether or not their production, placing on the market or use is exempt from the phase-down and therefore should be covered by the licensing system. Amendment 496 Gnther Sidl, Maria Arena Proposal for a regulation Article 20 - paragraph 4 - subparagraph 1 - point c Text proposed by the Commission (c) supplying, or receiving hydrofluorocarbons for the purposes listed in points (a) to (e) of Article 16(2); Amendment (c) supplying, or receiving hydrofluorocarbons for the purposes listed in points (a) to (c) of Article 16(2); Or. en Justification There are a number of exemptions under the licensing system, including HFCs for: feedstock applications; export out of the Union; military and specified semiconductor industry uses; destruction; and HFCs in temporary storage. As currently envisaged, the licensing requirements do not fulfil the requirements of the Montreal Protocol, which requires each Party to establish and implement a system for licensing the import and export of new, used, recycled and reclaimed "controlled substances" in Annex F of the Protocol. All HFCs in Annex F (which mirror the HFCs listed in Section I of Annex 1 of the EU F-Gas Regulation) are controlled substances, whether or not their production, placing on the market or use is exempt from the phase-down (e.g., for feedstock, military use etc.), and therefore should be covered by the licensing system. Amendment 497 Martin Hojsk, Michal Wiezik Proposal for a regulation Article 20 - paragraph 4 - subparagraph 1 - point c Text proposed by the Commission Amendment PE737.211v01-00 EN 228/334 PR\1265051EN.docx (c) supplying, or receiving hydrofluorocarbons for the purposes listed in points (a) to (e) of Article 16(2); (c) supplying, or receiving hydrofluorocarbons for the purposes listed in points (a) to (c) of Article 16(2); Or. en Amendment 498 Nikolaj Villumsen Proposal for a regulation Article 20 - paragraph 4 - subparagraph 1 - point c Text proposed by the Commission (c) supplying, or receiving hydrofluorocarbons for the purposes listed in points (a) to (e) of Article 16(2); Amendment (c) supplying, or receiving hydrofluorocarbons for the purposes listed in points (a) to (c) of Article 16(2); Or. en Amendment 499 Gnther Sidl, Maria Arena Proposal for a regulation Article 20 - paragraph 7 - subparagraph 2 Text proposed by the Commission The Commission and competent authorities of the Member States shall ensure the confidentiality of the data included in the F-gas Portal. Amendment The Commission and competent authorities of the Member States shall ensure that the following data included in the F-gas Portal is publicly available: (i) regularly updated quota allocation; (ii) information on undertakings receiving a quota transfer and the amount received; (iii) a list of registered suppliers; (iv) detailed trade data on each import, including point of entry and type of HFC; (v) transhipment data; (vi) domestic HFC production data including production for feedstock and facilities that produce HFC-23; and (vii) facility-level chemical destruction data. Or. en PR\1265051EN.docx 229/334 PE737.211v01-00 EN Justification The lack of transparency in the EU F-Gas Regulation makes it hard for civil society, the broader enforcement community and other market players to scrutinise compliance. The EU F-Gas Regulation should have a more transparent approach to data sharing. Amendment 500 Gnther Sidl, Maria Arena Proposal for a regulation Article 22 - paragraph 1 Text proposed by the Commission The import and export of fluorinated greenhouse gases and products and equipment containing those gases or whose functioning relies upon those gases except in cases of temporary storage, is subject to the presentation of a valid licence to customs authorities pursuant to Article 20(4). Amendment The import and export of fluorinated greenhouse gases and products and equipment containing those gases or whose functioning relies upon those gases is subject tto the presentation of a valid licence to customs authorities pursuant to Article 20(4). Or. en Amendment 501 Gnther Sidl, Maria Arena Proposal for a regulation Article 23 - paragraph 1 Text proposed by the Commission 1. Customs authorities and market surveillance authorities shall enforce the prohibitions and other restrictions set out in this Regulation with regards to imports and exports. Amendment 1. Customs authorities and market surveillance authorities shall enforce the prohibitions and other restrictions set out in this Regulation with regards to imports and exports and in line with the [Environment Crime Directive] and the [Corporate Sustainability Due Diligence Directive]. Or. en Amendment 502 Edina Tth Proposal for a regulation Article 23 - paragraph 3 - point e PE737.211v01-00 EN 230/334 PR\1265051EN.docx Text proposed by the Commission (e) the tonnes of CO2 equivalent of bulk gases and of gases contained in products or equipment, and parts thereof. Amendment (e) the tonnes of CO2 equivalent of bulk gases and of gases contained in products or equipment. Or. en Justification It is recommended to delete the sentence referring to "parts thereof" as applying the placing on the market prohibitions to "parts" of products and equipment would mean that repair and upgrade of existing equipment would no longer be possible. Amendment 503 Alexandr Vondra Proposal for a regulation Article 23 - paragraph 3 - point e Text proposed by the Commission (e) the tonnes of CO2 equivalent of bulk gases and of gases contained in products or equipment, and parts thereof. Amendment (e) the tonnes of CO2 equivalent of bulk gases and of gases contained in products or equipment. Or. en Amendment 504 Bas Eickhout Proposal for a regulation Article 23 - paragraph 6 Text proposed by the Commission 6. Importers of fluorinated greenhouse gases listed in Annex I and Annex II, Section 1, in refillable containers shall make available to customs authorities, at the time the customs declaration related to the release for free circulation is submitted, a declaration of conformity including evidence confirming the arrangements in place for the return of the container for the purpose of refilling. Amendment 6. Importers of fluorinated greenhouse gases listed in Annex I and Annex II in refillable containers shall make available to customs authorities, at the time the customs declaration related to the release for free circulation is submitted, a declaration of conformity including evidence confirming the arrangements in place for the return of the container for the purpose of refilling. Or. en PR\1265051EN.docx 231/334 PE737.211v01-00 EN Amendment 505 Gnther Sidl, Maria Arena Proposal for a regulation Article 23 - paragraph 12 - subparagraph 2 Text proposed by the Commission For other substances and products and equipment covered by this Regulation, alternative measures may be taken to prevent unlawful import, further supply, or export, in particular in cases of hydrofluorocarbons placed on the market in bulk or charged in products and equipment in violation of the quota and authorisation requirements set out in this Regulation. Amendment For other substances and products and equipment covered by this Regulation, customs authorities shall seize and confiscate fluorinated greenhouse gases imported or exported in violation of the provisions of this regulation and in line with the [Environmental Crime Directive] to prevent unlawful import, further supply, or export, in particular in cases of hydrofluorocarbons placed on the market in bulk or charged in products and equipment in violation of the quota and authorisation requirements set out in this Regulation. Or. en Amendment 506 Alexandr Vondra Proposal for a regulation Article 23 - paragraph 12 - subparagraph 3 Text proposed by the Commission The re-export of gases and products and equipment that do not comply with this Regulation is prohibited. deleted Amendment Or. en Amendment 507 Gnther Sidl, Maria Arena Proposal for a regulation Article 23 - paragraph 13 - subparagraph 2 a (new) Text proposed by the Commission Amendment By 30 June [OP: please insert the year = 1 year following the date of entry into force of this Regulation], Member States shall provide to the Commission a plan for the collection and destruction of seized and confiscated fluorinated PE737.211v01-00 EN 232/334 PR\1265051EN.docx greenhouse gases. Or. en Amendment 508 Gnther Sidl, Maria Arena Proposal for a regulation Article 24 - paragraph 1 Text proposed by the Commission The Commission is empowered to adopt delegated acts in accordance with Article 32 to supplement this Regulation by establishing additional measures to those set out in this Regulation for the monitoring of fluorinated greenhouse gases and of products and equipment containing those gases or whose functioning relies upon those gases placed under temporary storage, or a customs procedure including customs warehousing or free zone procedure or in transit through the customs territory of the Union, on the basis of an evaluation of the potential risks of illegal trade linked to such movements, including tracing methodologies for gases placed on the market, taking into account the environmental benefits and socio-economic impacts of such measures. Amendment 1. By 30 June 2025, the Commission shall submit a report evaluating the potential risks of illegal trade and identifying additional measures to reduce those risks linked to movements of fluorinated greenhouse gases and of products and equipment containing those gases or whose functioning relies upon those gases when placed under temporary storage, or a customs procedure including customs warehousing or free zone procedure or in transit through the customs territory of the Union, including tracing methodologies for gases placed on the market, such as quick response (QR) codes. 2. The Commission is empowered to adopt delegated acts in accordance with Article 32 to supplement this Regulation by establishing additional measures to those set out in this Regulation for the monitoring of fluorinated greenhouse gases and of products and equipment containing those gases or whose functioning relies upon those gases placed under temporary storage, or a customs procedure including customs warehousing or free zone procedure or in transit through the customs territory of the Union, on the basis of an evaluation of the potential risks of illegal trade linked to such movements, including tracing methodologies for gases placed on the market, taking into account the environmental benefits and socio-economic impacts of such measures. Such measures may include a QR-code based system to track and trace fluorinated greenhouse gases and products and equipment containing those gases. Or. en PR\1265051EN.docx 233/334 PE737.211v01-00 EN Amendment 509 Stanislav Polck Proposal for a regulation Article 25 - paragraph 1 Text proposed by the Commission 1. Dovoz cstecn fluorovanch uhlovodk a vrobk a zazen, kter cstecn fluorovan uhlovodky obsahuj nebo jejichz provoz je na tchto plynech zvisl, z nkterho sttu nebo organizace regionln hospodsk integrace a vvoz do nkterho sttu nebo organizace regionln hospodsk integrace, kter nesouhlasily s tm, ze budou vzny ustanovenmi protokolu vztahujcmi se na tyto plyny, se od 1. ledna 2028 zakazuje. Amendment 1. Dovoz cstecn fluorovanch uhlovodk a vrobk a zazen, kter cstecn fluorovan uhlovodky obsahuj nebo jejichz provoz je na tchto plynech zvisl, ze sttu nebo organizace regionln hospodsk integrace a vvoz do sttu nebo organizace regionln hospodsk integrace, kter nesouhlasily s tm, ze budou vzny ustanovenmi protokolu vztahujcmi se na tyto plyny, se od 1. ledna 2028 zakazuje. Or. cs Amendment 510 Stanislav Polck Proposal for a regulation Article 25 - paragraph 2 Text proposed by the Commission 2. Komisi je svena pravomoc pijmat akty v penesen pravomoci v souladu s clnkem 32 za celem doplnn tohoto nazen stanovenm pravidel pro propoustn do volnho obhu v Unii a pro vvoz vrobk a zazen dovzench z nkterho sttu nebo organizace regionln hospodsk integrace nebo do nich vyvzench podle odstavce 1, kter byly vyrobeny za pouzit cstecn fluorovanch uhlovodk, avsak neobsahuj plyny, kter lze jednoznacn oznacit za cstecn fluorovan uhlovodky, jakoz i pravidel pro identifikaci tchto vrobk a zazen. Pi pijmn tchto akt v penesen pravomoci Komise zohledn pslusn rozhodnut pijat smluvnmi stranami Montrealskho protokolu, a pokud jde o pravidla pro identifikaci tchto vrobk a zazen, technick pokyny pravideln poskytovan smluvnm stranm Montrealskho protokolu. Amendment 2. Komisi je svena pravomoc pijmat akty v penesen pravomoci v souladu s clnkem 32 za celem doplnn tohoto nazen stanovenm pravidel pro propoustn do volnho obhu v Unii a pro vvoz vrobk a zazen dovzench ze sttu nebo organizace regionln hospodsk integrace nebo do nich vyvzench podle odstavce 1, kter byly vyrobeny za pouzit cstecn fluorovanch uhlovodk, avsak neobsahuj plyny, kter lze jednoznacn oznacit za cstecn fluorovan uhlovodky, jakoz i pravidel pro identifikaci tchto vrobk a zazen. Pi pijmn tchto akt v penesen pravomoci Komise zohledn pslusn rozhodnut pijat smluvnmi stranami Montrealskho protokolu, a pokud jde o pravidla pro identifikaci tchto vrobk a zazen, technick pokyny pravideln poskytovan smluvnm stranm Montrealskho protokolu. Or. cs PE737.211v01-00 EN 234/334 PR\1265051EN.docx Amendment 511 Nikolaj Villumsen Proposal for a regulation Article 26 - paragraph 1 - subparagraph 1 Text proposed by the Commission By 31 March [OP: Please insert the year of application of this Regulation], and every year thereafter, each producer, importer and exporter that produced, imported or exported hydrofluorocarbons or quantities exceeding one metric tonne or 100 tonnes of CO2 equivalent of other fluorinated greenhouse gases during the preceding calendar year shall report to the Commission the data specified in Annex IX on each of those substances for that calendar year. This paragraph shall also apply to all undertakings receiving quotas pursuant to Article 21(1). Amendment By 31 March [OP: Please insert the year of application of this Regulation], and every year thereafter, each producer, importer and exporter that produced, imported or exported fluorinated greenhouse gases during the preceding calendar year shall report to the Commission the data specified in Annex IX on each of those substances for that calendar year. This paragraph shall also apply to all undertakings receiving quotas pursuant to Article 21(1). Or. en Amendment 512 Gnther Sidl, Maria Arena Proposal for a regulation Article 26 - paragraph 1 - subparagraph 1 Text proposed by the Commission By 31 March [OP: Please insert the year of application of this Regulation], and every year thereafter, each producer, importer and exporter that produced, imported or exported hydrofluorocarbons or quantities exceeding one metric tonne or 100 tonnes of CO2 equivalent of other fluorinated greenhouse gases during the preceding calendar year shall report to the Commission the data specified in Annex IX on each of those substances for that calendar year. This paragraph shall also apply to all undertakings receiving quotas pursuant to Article 21(1). Amendment By 31 March [OP: Please insert the year of application of this Regulation], and every year thereafter, each producer, importer and exporter that produced, imported or exported fluorinated greenhouse gases during the preceding calendar year shall report to the Commission the data specified in Annex IX on each of those substances for that calendar year. This paragraph shall also apply to all undertakings receiving quotas pursuant to Article 21(1). Or. en Justification The removal of minimum quantity prevents importation of small consignments for illegal trade to avoid fulfilling the reporting obligation and conforms to the Montreal Protocol. PR\1265051EN.docx 235/334 PE737.211v01-00 EN Amendment 513 Nikolaj Villumsen Proposal for a regulation Article 26 - paragraph 2 Text proposed by the Commission 2. By 31 March [OP: Please insert the year of application of this Regulation], and every year thereafter, each undertaking that destroyed hydrofluorocarbons or quantities exceeding one metric tonne or 100 tonnes of CO2 equivalent of other fluorinated greenhouse gases during the preceding calendar year shall report to the Commission the data specified in Annex IX on each of those substances for that calendar year. Amendment 2. By 31 March [OP: Please insert the year of application of this Regulation], and every year thereafter, each undertaking that destroyed fluorinated greenhouse gases during the preceding calendar year shall report to the Commission the data specified in Annex IX on each of those substances for that calendar year. Or. en Amendment 514 Gnther Sidl, Maria Arena Proposal for a regulation Article 26 - paragraph 2 Text proposed by the Commission 2. By 31 March [OP: Please insert the year of application of this Regulation], and every year thereafter, each undertaking that destroyed hydrofluorocarbons or quantities exceeding one metric tonne or 100 tonnes of CO2 equivalent of other fluorinated greenhouse gases during the preceding calendar year shall report to the Commission the data specified in Annex IX on each of those substances for that calendar year. Amendment 2. By 31 March [OP: Please insert the year of application of this Regulation], and every year thereafter, each undertaking that destroyed fluorinated greenhouse gases during the preceding calendar year shall report to the Commission the data specified in Annex IX on each of those substances for that calendar year. Justification All undertakings destroying fluorinated greenhouse gases should be subject to reporting to promote compliance. Or. en Amendment 515 Nikolaj Villumsen Proposal for a regulation Article 26 - paragraph 3 PE737.211v01-00 EN 236/334 PR\1265051EN.docx Text proposed by the Commission 3. By 31 March [[OP: Please insert the year of application of this Regulation], each undertaking that used 1 000 tonnes of CO2 equivalent or more of fluorinated greenhouse gases listed in Annex I as feedstock during the preceding calendar year shall report to the Commission the data specified in Annex IX on each of those substances for that calendar year. Amendment 3. By 31 March [[OP: Please insert the year of application of this Regulation], each undertaking that used fluorinated greenhouse gases listed in Annex I as feedstock during the preceding calendar year shall report to the Commission the data specified in Annex IX on each of those substances for that calendar year. Or. en Amendment 516 Gnther Sidl, Maria Arena Proposal for a regulation Article 26 - paragraph 3 Text proposed by the Commission 3. By 31 March [[OP: Please insert the year of application of this Regulation], each undertaking that used 1 000 tonnes of CO2 equivalent or more of fluorinated greenhouse gases listed in Annex I as feedstock during the preceding calendar year shall report to the Commission the data specified in Annex IX on each of those substances for that calendar year. Amendment 3. By 31 March [[OP: Please insert the year of application of this Regulation], each undertaking that used fluorinated greenhouse gases listed in Annex I as feedstock during the preceding calendar year shall report to the Commission the data specified in Annex IX on each of those substances for that calendar year. Or. en Justification This threshold should be eliminated to conform to the Montreal Protocol and prevent loopholes for illegal traders. Amendment 517 Nikolaj Villumsen Proposal for a regulation Article 26 - paragraph 4 Text proposed by the Commission 4. By 31 March [OP: Please insert the year of application of this Regulation], each undertaking that placed 100 tonnes of CO2 equivalent or more of hydrofluorocarbons, or 500 tonnes of CO2 Amendment 4. By 31 March [OP: Please insert the year of application of this Regulation], each undertaking that placed fluorinated greenhouse gases, contained in products or equipment on the market PR\1265051EN.docx 237/334 PE737.211v01-00 EN equivalent or more of other fluorinated greenhouse gases, contained in products or equipment on the market during the preceding calendar year shall report to the Commission the data specified in Annex IX on each of those substances for that calendar year. during the preceding calendar year shall report to the Commission the data specified in Annex IX on each of those substances for that calendar year. Or. en Amendment 518 Gnther Sidl, Maria Arena Proposal for a regulation Article 26 - paragraph 4 Text proposed by the Commission 4. By 31 March [OP: Please insert the year of application of this Regulation], each undertaking that placed 100 tonnes of CO2 equivalent or more of hydrofluorocarbons, or 500 tonnes of CO2 equivalent or more of other fluorinated greenhouse gases, contained in products or equipment on the market during the preceding calendar year shall report to the Commission the data specified in Annex IX on each of those substances for that calendar year. Amendment 4. By 31 March [OP: Please insert the year of application of this Regulation], each undertaking that placed fluorinated greenhouse gases, contained in products or equipment on the market during the preceding calendar year shall report to the Commission the data specified in Annex IX on each of those substances for that calendar year. Or. en Amendment 519 Gnther Sidl, Maria Arena Proposal for a regulation Article 26 - paragraph 6 Text proposed by the Commission 6. By 31 March [OP: Please insert the year of application of this Regulation], and every year thereafter, each undertaking that reclaimed quantities exceeding 1 metric tonne or 100 tonnes of CO2 equivalent of fluorinated greenhouse gases shall report to the Commission the data specified in Annex IX on each of those substances for that calendar year. Amendment 6. By 31 March [OP: Please insert the year of application of this Regulation], and every year thereafter, each undertaking that reclaimed fluorinated greenhouse gases shall report to the Commission the data specified in Annex IX on each of those substances for that calendar year. Or. en PE737.211v01-00 EN 238/334 PR\1265051EN.docx Amendment 520 Nikolaj Villumsen Proposal for a regulation Article 26 - paragraph 6 Text proposed by the Commission 6. By 31 March [OP: Please insert the year of application of this Regulation], and every year thereafter, each undertaking that reclaimed quantities exceeding 1 metric tonne or 100 tonnes of CO2 equivalent of fluorinated greenhouse gases shall report to the Commission the data specified in Annex IX on each of those substances for that calendar year. Amendment 6. By 31 March [OP: Please insert the year of application of this Regulation], and every year thereafter, each undertaking that reclaimed fluorinated greenhouse gases shall report to the Commission the data specified in Annex IX on each of those substances for that calendar year. Or. en Amendment 521 Nikolaj Villumsen Proposal for a regulation Article 26 - paragraph 7 Text proposed by the Commission 7. By 30 April [OP: Please insert the year of application of this Regulation], each importer of equipment that placed on the market pre-charged equipment as referred to in Article 19 containing at least 1 000 tonnes of CO2 equivalent hydrofluorocarbons, and where those hydrofluorocarbons have not been placed on the market prior to the charging of the equipment, shall submit to the Commission a verification report issued pursuant to Article 19(3). Amendment 7. By 30 April [OP: Please insert the year of application of this Regulation], each importer of equipment that placed on the market pre-charged equipment as referred to in Article 19 containing hydrofluorocarbons, and where those hydrofluorocarbons have not been placed on the market prior to the charging of the equipment, shall submit to the Commission a verification report issued pursuant to Article 19(3). Or. en Amendment 522 Gnther Sidl, Maria Arena Proposal for a regulation Article 26 - paragraph 7 Text proposed by the Commission 7. By 30 April [OP: Please insert the year of application of this Regulation], each importer of Amendment 7. By 30 April [OP: Please insert the year of application of this Regulation], each importer of PR\1265051EN.docx 239/334 PE737.211v01-00 EN equipment that placed on the market pre-charged equipment as referred to in Article 19 containing at least 1 000 tonnes of CO2 equivalent hydrofluorocarbons, and where those hydrofluorocarbons have not been placed on the market prior to the charging of the equipment, shall submit to the Commission a verification report issued pursuant to Article 19(3). equipment that placed on the market pre-charged equipment as referred to in Article 19 containing hydrofluorocarbons, and where those hydrofluorocarbons have not been placed on the market prior to the charging of the equipment, shall submit to the Commission a verification report issued pursuant to Article 19(3). Or. en Amendment 523 Nikolaj Villumsen Proposal for a regulation Article 26 - paragraph 8 - subparagraph 1 - introductory part Text proposed by the Commission Amendment By 30 April [OP: Please insert the year of application of this Regulation], and every year thereafter, each undertaking which under paragraph 1 reports on the placing on the market of 1 000 tonnes of CO2 equivalent or more of hydrofluorocarbons during the preceding calendar year shall, in addition, ensure that the veracity of its report is confirmed, at a reasonable level of assurance, by an independent auditor. The auditor shall be registered in the F-gas Portal and shall be either: By 30 April [OP: Please insert the year of application of this Regulation], and every year thereafter, each undertaking which under paragraph 1 reports on the placing on the market of hydrofluorocarbons during the preceding calendar year shall, in addition, ensure that the veracity of its report is confirmed, at a reasonable level of assurance, by an independent auditor. The auditor shall be registered in the F-gas Portal and shall be either: Or. en Amendment 524 Gnther Sidl, Maria Arena Proposal for a regulation Article 26 - paragraph 8 a (new) Text proposed by the Commission PE737.211v01-00 EN Amendment 8 a. By 31 March [OP: Please insert the year of application of this Regulation], and every year thereafter, each producer and importer of fluorinated greenhouse gases shall report to the Commission on by-product, inadvertent and coincidental emissions of fluorinated greenhouse gases or controlled substances under the Protocol that result from industrial processes to produce those fluorinated greenhouse gases, including 240/334 PR\1265051EN.docx emissions from feedstocks and process agents. Or. en Amendment 525 Stelios Kympouropoulos, Dolors Montserrat, Dan-tefan Motreanu, Bartosz Arlukowicz, Pernille Weiss, Sara Skyttedal Proposal for a regulation Article 27 - paragraph 2 a (new) Text proposed by the Commission Amendment By 31 December 2024 the Commission shall, by means of a delegated act, adopt a common general framework that Member States shall use to design centralised electronic systems. Or. en Justification In combination with leak check, recovery and record keeping obligations can ensure that higher volumes of fluorinated greenhouse gases can be made available for recovery, reclamation, and reuse (RRR). This is important with regards to sustainability and circular economy objectives by limiting waste refrigerant gases. As currently there very little data available related to RRR of HFCs, a better understanding of RRR, via electronic logbooks, would be the first and essential step to assess avenues for boosting RRR. Amendment 526 Gnther Sidl, Maria Arena Proposal for a regulation Article 28 - paragraph 4 a (new) Text proposed by the Commission PR\1265051EN.docx Amendment 4 a. The Commission shall ensure transparency and promote compliance by sharing relevant information to the public. This information shall include: (a) quota holders and their allocations under Article 17, licenses of exports and imports under Article 20 and any subsequent transfer and authorisations under Article 21; (b) reporting by undertakings under Article 26; and (c) facility-level, substance-specific data on fluorinated greenhouse gases produced in the Union, including fluorinated greenhouse gases 241/334 PE737.211v01-00 EN produced for use as feedstock or as by-product and inadvertent emissions. The Commission shall, by means of implementing acts, determine the format and modalities for the reporting of facility-level production data referred to in subparagraph (c). Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 34(2). Or. en Amendment 527 Stanislav Polck Proposal for a regulation Article 29 - paragraph 1 Text proposed by the Commission 1. Pslusn orgny clenskch stt provdj kontroly za celem zjistn, zda podniky pln sv povinnosti podle tohoto nazen. Amendment 1. Pslusn orgny clenskch stt provdj pravideln kontroly za celem zjistn, zda podniky pln sv povinnosti podle tohoto nazen. Or. cs Amendment 528 Martin Hojsk, Michal Wiezik Proposal for a regulation Article 29 - paragraph 5 Text proposed by the Commission 5. At the request of another Member State, a Member State may conduct checks on undertakings suspected of being engaged in the illegal movement of the gases and products and equipment covered by this Regulation and which are operating on the territory of that Member State. The requesting Member State shall be informed about the result of the check. Amendment 5. At the request of another Member State, a Member State shall conduct checks on undertakings suspected of being engaged in the illegal movement of the gases and products and equipment covered by this Regulation and which are operating on the territory of that Member State. The requesting Member State shall be informed about the result of the check. Or. en Amendment 529 Gnther Sidl, Maria Arena PE737.211v01-00 EN 242/334 PR\1265051EN.docx Proposal for a regulation Article 29 a (new) Text proposed by the Commission PR\1265051EN.docx Amendment Article 29 a Access to justice Member States shall ensure that, in accordance with their national law, members of the public concerned who meet the conditions set out in paragraph 2, including natural or legal persons or their associations, organisations or groups, have access to a review procedure before a court of law, or another independent and impartial body established by law, to challenge the substantive or procedural legality of decisions, acts and omissions that fail to comply with the legal obligations provided for in this Regulation. For the purposes of this paragraph, an act or omission that fails to comply with legal obligations provided for in this Regulation includes an act or omission with respect to a measure adopted for the purposes of implementing those obligations, where that measure fails to make a sufficient contribution to such implementation. 2. Members of the public concerned shall be deemed to meet the conditions referred to in paragraph 1 where: (a) they have sufficient interest; or (b) they maintain impairment of a right, where administrative procedural law of a Member State requires that as a precondition. What constitutes a sufficient interest shall be determined by Member States consistently with the objective of giving the members of the public concerned wide access to justice and in conformity with the Aarhus Convention. To that end, the interest of any non-governmental organisation promoting environmental protection and meeting any requirements under national law shall be deemed to have sufficient interest for the purposes of this paragraph. 3. Paragraphs 1 and 2 shall not exclude the possibility of being able to have recourse to a preliminary review procedure before an administrative authority and shall not affect the requirement to exhaust administrative review procedures prior to having recourse to judicial review procedures, where such a requirement exists under national law. Any such procedure 243/334 PE737.211v01-00 EN shall be fair, equitable, timely and not prohibitively expensive. Or. en Amendment 530 Martin Hojsk, Michal Wiezik, Frdrique Ries Proposal for a regulation Article 30 a (new) Text proposed by the Commission Amendment Article 30 a Access to justice 1. Member States shall ensure that, in accordance with their national law, members of the public concerned who meet the conditions set out in paragraph 2, including natural or legal persons or their associations, organisations or groups, have access to a review procedure a court of law, or another independent and impartial body established by law, to challenge the substantive or procedural legality of decisions, acts and omissions that fail to comply with the legal obligations provided for in this Regulation. For the purposes of this paragraph, an act or omission that fails to comply with legal obligations provided for in this Regulation includes an act or omission with respect to a measure adopted for the purposes of implementing those obligations, where that measure fails to make a sufficient contribution to such implementation. 2. Members of the public concerned shall be deemed to meet the conditions referred to in paragraph 1 where: (a) they have sufficient interest; or (b) they maintain impairment of a right, where administrative procedural law of a Member State requires that as a precondition. What constitutes a sufficient interest shall be determined by Member States consistently with the objective of giving the members of the public concerned wide access to justice and in conformity with the Aarhus Convention. To that end, the interest of any non-governmental organisation promoting environmental protection and meeting any requirements under national law shall be PE737.211v01-00 EN 244/334 PR\1265051EN.docx deemed to have sufficient interest for the purposes of this paragraph. 3. Paragraphs 1 and 2 shall not exclude the possibility of being able to have recourse to a preliminary review procedure before an administrative authority and shall not affect the requirement to exhaust administrative review procedures prior to having recourse to judicial review procedures, where such a requirement exists under national law. Any such procedure shall be fair, equitable, timely and not prohibitively expensive. 4. Member States shall ensure that practical information is made easily available to the public on access to administrative and judicial review procedures. Or. en Amendment 531 Gnther Sidl, Maria Arena Proposal for a regulation Article 31 - paragraph 1 Text proposed by the Commission 1. Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. Member States shall, by 1 January [OP please insert the year = 1 year following the date of entry into force of this Regulation] notify the Commission of those rules and of those measures and shall notify it, without delay, of any subsequent amendment affecting them. Amendment 1. Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The minimum and maximum penalties provided for shall be effective, proportionate and dissuasive in line with the [Environment Crime Directive] including the polluter pays principle. Member States shall, by 1 January [OP: please insert the year = 1 year following the date of entry into force of this Regulation] notify the Commission of those rules and of those measures and shall notify it, without delay, of any subsequent amendment affecting them. Or. en Amendment 532 Danilo Oscar Lancini Proposal for a regulation Article 31 - paragraph 5 - subparagraph 1 PR\1265051EN.docx 245/334 PE737.211v01-00 EN Text proposed by the Commission In cases of unlawful production, import, export, placing on the market, or use of fluorinated greenhouse gases or of products and equipment containing those gases or whose functioning relies on those gases, Member States shall envisage maximum administrative fines of at least five times the market value of the concerned gases or products and equipment concerned. In case of a repeated infringement within a five-year period, the Member States shall envisage maximum administrative fines of at least eight times the value of the gases or products and equipment concerned. Amendment In cases of unlawful production, import, export, placing on the market, or use of fluorinated greenhouse gases or of products and equipment containing those gases or whose functioning relies on those gases, Member States shall envisage minimum administrative fines of at least 3 times the downstream market value of the concerned gases or products and equipment concerned and maximum administrative fines of at least five times the downstream market value of the concerned gases or products and equipment concerned. In case of a repeated infringement within a five-year period, the Member States shall envisage minimum administrative fines of at least 5 times the downstream market value of the concerned gases or products and equipment concerned and maximum administrative fines of at least eight times the downstream value-chain market value of the gases or products and equipment concerned. Or. en Amendment 533 Cristian-Silviu Buoi Proposal for a regulation Article 31 - paragraph 5 - subparagraph 1 Text proposed by the Commission In cases of unlawful production, import, export, placing on the market, or use of fluorinated greenhouse gases or of products and equipment containing those gases or whose functioning relies on those gases, Member States shall envisage maximum administrative fines of at least five times the market value of the concerned gases or products and equipment concerned. In case of a repeated infringement within a five-year period, the Member States shall envisage maximum administrative fines of at least eight times the value of the gases or products and equipment concerned. Amendment In cases of unlawful production, import, export, placing on the market, or use of fluorinated greenhouse gases or of products and equipment containing those gases or whose functioning relies on those gases, Member States shall envisage minimum administrative fines of at least 2,5 times the downstream value-chain market value of the concerned gases or products and equipment concerned and maximum administrative fines of at least five times the downstream value-chain market value of the concerned gases or products and equipment concerned. In case of a repeated infringement within a five-year period, the Member States shall envisage minimum administrative fines of at least 5 times the downstream value-chain market value of the concerned gases or products and equipment concerned and maximum administrative fines of at least eight times the downstream value-chain PE737.211v01-00 246/334 PR\1265051EN.docx EN market value of the gases or products and equipment concerned. Or. en Amendment 534 Gnther Sidl, Maria Arena Proposal for a regulation Article 31 - paragraph 5 - subparagraph 1 Text proposed by the Commission In cases of unlawful production, import, export, placing on the market, or use of fluorinated greenhouse gases or of products and equipment containing those gases or whose functioning relies on those gases, Member States shall envisage maximum administrative fines of at least five times the market value of the concerned gases or products and equipment concerned. In case of a repeated infringement within a five-year period, the Member States shall envisage maximum administrative fines of at least eight times the value of the gases or products and equipment concerned. Amendment In cases of unlawful production, import, export, placing on the market, or use of fluorinated greenhouse gases or of products and equipment containing those gases or whose functioning relies on those gases, Member States shall set out minimum administrative fines of at least three times the market value of the concerned gases or products and equipment concerned and maximum administrative fines of at least six times the market value of the concerned gases or products and equipment concerned. In case of a repeated infringement within a five-year period, the Member States shall envisage minimum administrative fines of at least seven times the value of the gases or products and equipment concerned and with full respect of the polluter pays principle. Or. en Amendment 535 Alexandr Vondra Proposal for a regulation Article 31 - paragraph 5 - subparagraph 1 Text proposed by the Commission In cases of unlawful production, import, export, placing on the market, or use of fluorinated greenhouse gases or of products and equipment containing those gases or whose functioning relies on those gases, Member States shall envisage maximum administrative fines of at least five times the market value of the concerned gases or products and equipment concerned. In case of a repeated infringement within a five-year period, Amendment In cases of unlawful production, import, export, placing on the market, or use of fluorinated greenhouse gases or of products and equipment containing those gases or whose functioning relies on those gases, Member States shall envisage maximum administrative fines of at least 15 euro/t CO2 of the concerned gases or products and equipment concerned. In case of a repeated infringement within a five-year period, the PR\1265051EN.docx 247/334 PE737.211v01-00 EN the Member States shall envisage maximum administrative fines of at least eight times the value of the gases or products and equipment concerned. Member States shall envisage maximum administrative fines of at least 30 euro/t CO2 of the gases or products and equipment concerned. Or. en Amendment 536 Martin Hojsk Proposal for a regulation Article 31 - paragraph 5 - subparagraph 1 Text proposed by the Commission In cases of unlawful production, import, export, placing on the market, or use of fluorinated greenhouse gases or of products and equipment containing those gases or whose functioning relies on those gases, Member States shall envisage maximum administrative fines of at least five times the market value of the concerned gases or products and equipment concerned. In case of a repeated infringement within a five-year period, the Member States shall envisage maximum administrative fines of at least eight times the value of the gases or products and equipment concerned. Amendment In cases of unlawful production, import, export, placing on the market, or use of fluorinated greenhouse gases or of products and equipment containing those gases or whose functioning relies on those gases, Member States shall envisage minimum administrative fines of at least five times the market value of the concerned gases or products and equipment concerned. In case of a repeated infringement within a five-year period, the Member States shall envisage minimum administrative fines of at least eight times the value of the gases or products and equipment concerned. Or. en Amendment 537 Ondej Knotek, Emma Wiesner, Billy Kelleher, Michal Wiezik Proposal for a regulation Article 31 - paragraph 5 - subparagraph 1 Text proposed by the Commission Amendment In cases of unlawful production, import, export, placing on the market, or use of fluorinated greenhouse gases or of products and equipment containing those gases or whose functioning relies on those gases, Member States shall envisage maximum administrative fines of at least five times the market value of the concerned gases or products and equipment concerned. In case of a repeated infringement within a five-year period, the Member States shall envisage maximum administrative fines of at least eight times the In cases of unlawful production, import, export, placing on the market, or use of fluorinated greenhouse gases or of products and equipment containing those gases or whose functioning relies on those gases, Member States shall envisage maximum administrative fines of at least six times the market value of the concerned gases or products and equipment concerned. In case of a repeated infringement within a five-year period, the Member States shall envisage maximum administrative fines of at least ten times the value PE737.211v01-00 EN 248/334 PR\1265051EN.docx value of the gases or products and equipment concerned. of the gases or products and equipment concerned. Or. en Amendment 538 Stanislav Polck Proposal for a regulation Article 31 - paragraph 5 - subparagraph 1 Text proposed by the Commission V ppadech nedovolen vroby, dovozu, vvozu, uvdn na trh nebo pouzit fluorovanch sklenkovch plyn nebo vrobk a zazen, kter tyto plyny obsahuj nebo jejichz provoz je na tchto plynech zvisl, stanov clensk stty maximln sprvn pokuty ve vsi nejmn ptinsobku trzn hodnoty dotcench plyn nebo vrobk a zazen. V ppad opakovanho porusen pedpis v prbhu pti let stanov clensk stty maximln sprvn pokuty ve vsi nejmn osminsobku hodnoty dotcench plyn nebo vrobk a zazen. Amendment V ppadech nedovolen vroby, dovozu, vvozu, uvdn na trh nebo pouzit fluorovanch sklenkovch plyn nebo vrobk a zazen, kter tyto plyny obsahuj nebo jejichz provoz je na tchto plynech zvisl, stanov clensk stty sprvn pokuty ve vsi nejmn ptinsobku trzn hodnoty dotcench plyn nebo vrobk a zazen. V ppad opakovanho porusen pedpis v prbhu pti let stanov clensk stty sprvn pokuty ve vsi nejmn osminsobku hodnoty dotcench plyn nebo vrobk a zazen. Or. cs Amendment 539 Stanislav Polck Proposal for a regulation Article 31 - paragraph 6 - subparagraph 1 Text proposed by the Commission Podnikm, kter pekrocily sv kvty pro uvdn cstecn fluorovanch uhlovodk na trh pidlen podle cl. 17 odst. 4 nebo peveden podle cl. 21 odst. 1, lze pot, co bylo pekrocen zjistno, krom ulozen sankc uvedench v odstavci 1 tohoto clnku rovnz pidlit pouze snzenou kvtu na obdob pidlovn. Amendment Podnikm, kter pekrocily sv kvty pro uvdn cstecn fluorovanch uhlovodk na trh pidlen podle cl. 17 odst. 4 nebo peveden podle cl. 21 odst. 1, lze pot, co bylo pekrocen zjistno, krom ulozen sankc uvedench v odstavci 1 tohoto clnku rovnz pidlit snzenou kvtu na nsledujc obdob pidlovn. Or. cs Amendment 540 Stanislav Polck PR\1265051EN.docx 249/334 PE737.211v01-00 EN Proposal for a regulation Article 31 - paragraph 6 - subparagraph 2 Text proposed by the Commission Snzen mnozstv se vypocte jako 200 % mnozstv, o kter byla kvta pekrocena. Je-li snzen mnozstv vyss nez mnozstv, jez m bt podle cl. 17 odst. 4 pidleno jako kvta na obdob pidlovn pot, co bylo pekrocen zjistno, nen na dan obdob pidlovn pidlena zdn kvta a kvta na nsledujc obdob pidlovn je obdobn snizovna tak dlouho, dokud nen odecteno cel mnozstv. Snzen se zaznamenv (zaznamenvaj) v portlu fluorovanch sklenkovch plyn. Amendment Snzen mnozstv se vypocte jako 200 % mnozstv, o kter byla kvta pekrocena. Je-li snzen mnozstv vyss nez mnozstv, jez m bt podle cl. 17 odst. 4 pidleno jako kvta na obdob pidlovn pot, co bylo pekrocen zjistno, nen na dan obdob pidlovn pidlena zdn kvta a kvta na nsledujc obdob pidlovn je obdobn snizovna tak dlouho, dokud nen odecteno cel mnozstv. Snzen se zaznamenv v portlu fluorovanch sklenkovch plyn. Or. cs Amendment 541 Stelios Kympouropoulos, Dolors Montserrat, Dan-tefan Motreanu, Bartosz Arlukowicz, Pernille Weiss, Sara Skyttedal Proposal for a regulation Article 33 - paragraph 1 Text proposed by the Commission Amendment The Commission shall establish a Consultation Forum for providing advice and expertise in relation to the implementation of this Regulation. The rules of procedure of the Consultation Forum shall be established by the Commission and shall be published. The Commission shall establish a Consultation Forum for providing advice and expertise direction in relation to the implementation of this Regulation. A dedicated sub-group of the Consultation Forum shall be established to ensure close cooperation with the European Medicines Agency as well as Member State authorities to evaluate unintended effects on public health. It shall deliver a yearly report as of 2025 which the European Commission shall act on in accordance with Article 32. The rules of procedure of the Consultation Forum shall be established by the Commission and shall be published. Or. en Amendment 542 Susana Sols Prez Proposal for a regulation Article 33 - paragraph 1 PE737.211v01-00 EN 250/334 PR\1265051EN.docx Text proposed by the Commission The Commission shall establish a Consultation Forum for providing advice and expertise in relation to the implementation of this Regulation. The rules of procedure of the Consultation Forum shall be established by the Commission and shall be published. Amendment The Commission shall establish a Consultation Forum for providing advice and direction in relation to the implementation of this Regulation. A dedicated sub-group of the Consultation Forumshall be established to ensure close cooperation with the European Medicines Agency as well as Member State authorities to evaluate unintended effects on public health. It shall deliver a yearly report as of 2025 which the European Commission shall act on in accordance with Article 32. The rules of procedure of the Consultation Forum shall be established by the Commission and shall be published. Or. en Amendment 543 Ondej Knotek, Andreas Glck, Frdrique Ries, Emma Wiesner, Billy Kelleher, Michal Wiezik Proposal for a regulation Article 33 - paragraph 1 Text proposed by the Commission Amendment The Commission shall establish a Consultation Forum for providing advice and expertise in relation to the implementation of this Regulation. The rules of procedure of the Consultation Forum shall be established by the Commission and shall be published. The Commission shall establish a Consultation Forum for providing advice and expertise in relation to the implementation of this Regulation. The Consultation Forum shall ensure a balanced participation of representatives of Member States and of all relevant stakeholders including environmental organisations, patient associations and healthcare professionals organisations, representative of manufacturers, operators and certified persons. The rules of procedure of the Consultation Forum shall be established by the Commission and shall be published. Or. en Justification Given the impact of the Commission's proposal might have on patients, patient associations and healthcare professionals should be represented at the Consultation Forum. Amendment 544 Danilo Oscar Lancini Proposal for a regulation PR\1265051EN.docx 251/334 PE737.211v01-00 EN Article 33 - paragraph 1 - point 1 (new) Text proposed by the Commission Amendment (1) The Consultation Forum shall form dedicated ad-hoc working groups addressing the unintended effects on sectors relying on products and equipment that contain fluorinated greenhouse gases or whose functioning relies upon those gases listed in Annexes I and II. Or. en Amendment 545 Danilo Oscar Lancini Proposal for a regulation Article 33 - paragraph 1 - point 2 (new) Text proposed by the Commission Amendment (2) In reference to Article 33(2), the unintended effects on health, especially on patients with an MDIs treatment, shall be assessed in consultation with competent authorities, such as the European Medicines Agency. The European Commission with input from the Consultation Forum shall produce an annual report on the status of the transition towards low GHG technologies, such as MDIs and the availability of medicinal products, as of 2025. The European Commission shall act upon the yearly reports to adopt delegated acts in accordance with Article 32. Or. en Amendment 546 Alexandr Vondra Proposal for a regulation Article 35 - paragraph 1 a (new) Text proposed by the Commission PE737.211v01-00 EN Amendment By 31 December 2027, and every two years thereafter, the Commission shall submit to the European Parliament and to the Council a comprehensive report on the effects of this Regulation, and in particular: 252/334 PR\1265051EN.docx (a) a forecast of the continued demand for hydrofluorocarbons beyond 2035; (b) a review of the availability of technically feasible, cost-effective, energy efficient and safe alternatives to products and equipment containing fluorinated greenhouse gases, in particular metered dose inhalers; (c) the effects of this Regulation on the transition towards electric vehicles and batteries needed for energy storage solutions; (d) the effects of this Regulation on the affected industry and end-users, in particular SMEs. That report should be accompanied, where appropriate, by a legislative proposal to amend this regulation. Or. en Amendment 547 Gnther Sidl, Maria Arena Proposal for a regulation Article 35 - paragraph 1 a (new) Text proposed by the Commission Amendment The Commission shall continuously monitor technological and market developments in relation to the use of fluorinated greenhouse gases and their natural alternatives in the Union. Where the Commission finds evidence of the emergence or acceleration of the use of low GWP fluorinated greenhouse gases or of natural alternatives in products and equipment placed on the Union market, it shall, where appropriate, propose to amend this Regulation by strengthening the prohibitions on the placing on the market of high GWP fluorinated greenhouse gases in the products or equipment concerned. Or. en Justification As technologies evolve very fast, it is important to make sure that the Commission proposes a revision of this Regulation as soon as low GWP options appear, so that this Regulation can mitigate more emissions and provide a greater contribution to the achievement of the EU climate neutrality target and the Paris Agreement goal. PR\1265051EN.docx 253/334 PE737.211v01-00 EN Amendment 548 Martin Hojsk, Michal Wiezik Proposal for a regulation Article 35 - paragraph 1 a (new) Text proposed by the Commission Amendment The Commission is empowered to adopt delegated acts in accordance with Article 32 to introduce in Annexes I, II or III to this Regulation fluorinated greenhouse gases not listed in Annexes I, II or III to this Regulation, where it has evidence regarding their placing on the market. Or. en Amendment 549 Gnther Sidl, Maria Arena Proposal for a regulation Article 35 - paragraph 1 b (new) Text proposed by the Commission Amendment The Commission is empowered to adopt delegated acts in accordance with Article 32 to amend Annexes I, II and III by moving fluorinated greenhouse gases from Annex III to Annexes I or II or by introducing fluorinated greenhouse gases in Annexes I or II, where it has evidence of the placing on the market of fluorinated greenhouse gases listed in Annex III or of fluorinated greenhouse gases not listed in Annexes I, II or III to this Regulation. Or. en Justification Fluorinated gases listed in Annex III are not commercialised; they are only used for research and development. If they start being commercialised, then the Commission should have the power to move them to Annexes I and II so that their emissions are properly controlled and mitigated. Should new gases, not listed in any Annex, appear on the market, the Commission should have the power to add them to Annexes I or II, again with the purpose to properly contain and mitigate their emissions. This empowerment is aligned with the empowerment provided in the ODS Regulation. Amendment 550 Bas Eickhout PE737.211v01-00 EN 254/334 PR\1265051EN.docx Proposal for a regulation Article 35 - paragraph 2 Text proposed by the Commission By 1 January 2033, the Commission shall publish a report on the implementation of this Regulation. Amendment By 1 January 2027, the Commission shall publish a report on the implementation of this Regulation. 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 or issue reports on the coherence of this Regulation with the objectives of Regulation (EC) No 401/2009 and with the Union's international commitments under the Paris Agreement, and inform any future review of this Regulation. The Commission shall provide public explanations on how it has taken into account such advice and reports when reviewing this Regulation. Or. en Justification It may be appropriate to bring forward the review date. The reference to the Advisory Board is aligned with the tasks assigned to such Board in Article 3 of the Climate Law. Amendment 551 Martin Hojsk, Michal Wiezik Proposal for a regulation Article 35 - paragraph 2 Text proposed by the Commission By 1 January 2033, the Commission shall publish a report on the implementation of this Regulation. Amendment By 1 January 2033, the Commission shall publish a report on the implementation of this Regulation, including an assessment of developments and use of low GWP alternatives. The Commission shall, where appropriate, provided that it possess sufficient evidence regarding development and use of low GWP alternatives in products and equipment placed on the market, strengthen the prohibitions on the placing on the market of high GWP fluorinated greenhouse gases in the products or equipment concerned. Or. en PR\1265051EN.docx 255/334 PE737.211v01-00 EN Justification The Commission should keep the Regulation up to date with the technological development to incentives uptake of sustainable alternatives and to reward less emitting providers. Amendment 552 Danilo Oscar Lancini Proposal for a regulation Article 35 a (new) Text proposed by the Commission Amendment Article 35 a The Commission shall continuously monitor technological and market developments in relation to the use of fluorinated greenhouse gases, their availability and their natural alternatives in the Union. Where the Commission finds evidence of supply shortage impacting public health and MDIs' availability on the Union market, it shall, where appropriate, adopt delegated acts in accordance with the procedure provided for in Article 32 (1a) in order to authorise an exemption referred to in Article 16. By 31 December 2025 the Commission shall publish a report on the transition to low GWP propellants for MDIs. Or. en Amendment 553 Cristian-Silviu Buoi Proposal for a regulation Article 38 - paragraph 4 Text proposed by the Commission Article 17(5) shall apply from [OP: Please insert the year following the year of the application of this Regulation]. Amendment Article 17(5) shall apply from 1 January 2030. Or. en Amendment 554 Alexandr Vondra PE737.211v01-00 EN 256/334 PR\1265051EN.docx Proposal for a regulation Article 38 - paragraph 4 Text proposed by the Commission Article 17(5) shall apply from [OP: Please insert the year following the year of the application of this Regulation]. Amendment Article 17(5) shall apply from 1 January 2030. Or. en Amendment 555 Agns Evren Proposal for a regulation Annex IV - point 1 - point b a (new) Text proposed by the Commission Amendment (b bis) Les interdictions de mise sur le march prvues au point 23 ne s'appliquent pas aux pices de rechange ncessaires pour l'entretien, la rparation et l'extension des quipements dj installs. Or. fr Amendment 556 Christian Doleschal Proposal for a regulation Annex IV - point 2 Text proposed by the Commission 2. The evidence referred to in point 23, shall include documentation establishing that following an open call for tender no suitable alternative on technical grounds, given the demonstrated specificities of the application, was available that could meet the conditions set out in point 23. The documentation shall be kept by the operator for at least five years and shall be made available to the competent authority of the Member State and to the Commission, upon request. Amendment 2. The evidence referred to in point 23, shall include documentation establishing that following a call for tender: (a) no suitable alternative on technical grounds (i.e. equipment that was successfully in operation at least in pilot projects), given the demonstrated specificities of the application, was available that PR\1265051EN.docx 257/334 PE737.211v01-00 EN could meet the conditions set out in point 23, or (b) a minimum of two suppliers which can provide a suitable alternative on technical grounds (i.e., equipment that was successfully in operation at least in pilot projects), was not available, or (c) the product delivery cannot meet the timeline of the project. The documentation shall be kept by the operator for at least five years and shall be made available to the competent authority of the Member State and to the Commission, upon request. Or. en Amendment 557 Danilo Oscar Lancini Proposal for a regulation Annex IV - point 2 Text proposed by the Commission 2. The evidence referred to in point 23, shall include documentation establishing that following an open call for tender no suitable alternative on technical grounds, given the demonstrated specificities of the application, was available that could meet the conditions set out in point 23. The documentation shall be kept by the operator for at least five years and shall be made available to the competent authority of the Member State and to the Commission, upon request. Amendment 2. The evidence referred to in point 23, shall include documentation establishing that following an open call for tender no suitable alternative on technical grounds, (i.e., pilot equipment under real operation conditions for at least 3 years) given the demonstrated specificities of the application, was available that could meet the conditions set out in point 23 or that there were not two suppliers providing at least the suitable alternative. The documentation shall be kept by the operator for at least five years and shall be made available to the competent authority of the Member State and to the Commission, upon request. Or. en Amendment 558 Agns Evren Proposal for a regulation Annex IV - point 2 Text proposed by the Commission 2. Les lments de preuve viss au point 23 comprennent des documents tablissant qu' la suite d'un appel d'offres ouvert, aucune solution Amendment 2. Les lments de preuve viss au point 23 comprennent des documents tablissant qu' la suite d'un appel d'offres ouvert, aucune solution PE737.211v01-00 EN 258/334 PR\1265051EN.docx de remplacement approprie n'tait disponible et susceptible de remplir les conditions nonces au point 23, pour des raisons techniques, compte tenu des spcificits dmontres de l'application. Les documents sont conservs par l'exploitant pendant au moins cinq ans et sont mis la disposition de l'autorit comptente de l'tat membre et de la Commission, sur demande. de remplacement approprie n'tait disponible et susceptible de remplir les conditions nonces au point 23, pour des raisons techniques (quipement pilote test en conditions relles pendant au moins trois ans), compte tenu des spcificits dmontres de l'application, ou qu'il n'y a pas deux fournisseurs fournissant l'alternative approprie. Les documents sont conservs par l'exploitant pendant au moins cinq ans et sont mis la disposition de l'autorit comptente de l'tat membre et de la Commission, sur demande. Or. fr Amendment 559 Alexandr Vondra Proposal for a regulation Annex IV - point 2 Text proposed by the Commission 2. The evidence referred to in point 23, shall include documentation establishing that following an open call for tender no suitable alternative on technical grounds, given the demonstrated specificities of the application, was available that could meet the conditions set out in point 23. The documentation shall be kept by the operator for at least five years and shall be made available to the competent authority of the Member State and to the Commission, upon request. Amendment 2. The evidence referred to in point 23, shall include documentation establishing that following an open call for tender no suitable alternative on technical and economical grounds, given the demonstrated specificities of the application, was available that could meet the conditions set out in point 23. The documentation shall be kept by the operator for at least five years and shall be made available to the competent authority of the Member State and to the Commission, upon request. Or. en Amendment 560 Alexandr Vondra Proposal for a regulation Annex IV - point 2 a (new) Text proposed by the Commission PR\1265051EN.docx Amendment 2 a. The prohibitions on placing on the market set out in point 23 do not apply to the spare parts necessary for maintenance and repair of equipment already installed and to the extension of the already installed gas-insulated substations and already installed refrigeration, air 259/334 PE737.211v01-00 EN conditioning or heat pump equipment. Or. en Amendment 561 Christian Doleschal Proposal for a regulation Annex IV - point 2 a (new) Text proposed by the Commission Amendment 2 a. The prohibitions on placing on the market set out in point 23 do not apply to the spare parts necessary for the maintenance and repair of equipment already installed and for the extensions of the already in-stalled gas-insulated switchgear. Or. en Amendment 562 Danilo Oscar Lancini Proposal for a regulation Annex IV - point 2 a (new) Text proposed by the Commission Amendment 2 a. The prohibitions on placing on the market set out in point 23 do not apply to the spare parts necessary for the maintenance and repair of equipment already installed and to the extensions of the already installed GIS. Or. en Amendment 563 Alexandr Vondra Proposal for a regulation Annex IV - point 2 b (new) Text proposed by the Commission PE737.211v01-00 EN Amendment 2 b. Technical grounds within the meaning of point 23 shall be understood to include, in addition to reasons relating to the functioning of 260/334 PR\1265051EN.docx the installation itself or its interaction with the energy system, also an unsuitable spacial situation required for the installation of the respective technology. Or. en Amendment 564 Michal Wiezik, Martin Hojsk Proposal for a regulation Annex V - paragraph 1 - point d Text proposed by the Commission (d) for the period 1 January 2036 and thereafter, 15% % of the annual average of its production in 2011-2013. Amendment (d) for the period 1 January 2036 until 31 December 2038, 15% of the annual average of its production in 2011-2013. Or. en Amendment 565 Michal Wiezik, Martin Hojsk Proposal for a regulation Annex V - paragraph 1 - point d a (new) Text proposed by the Commission Amendment (d a) for the period 1 January 2039 and thereafter maximum 2,8 % of the annual average of its production in 2011-2013 and following a downward trend, with 0% after 31 December 2049. Or. en Amendment 566 Susana Sols Prez Proposal for a regulation Annex VII - point 4 - point ii Text proposed by the Commission ii) in addition, for importers and producers that have reported the placing on the market of hydrofluorocarbons for the usage referred to in Amendment ii) in addition, for importers and producers that have reported the placing on the market of hydrofluorocarbons for the usage referred to in PR\1265051EN.docx 261/334 PE737.211v01-00 EN Article 26(5), second subparagraph, a reference value based on the annual average of the quantities of those hydrofluorocarbons for such usage lawfully placed on the market from 1 January 2020 as reported under Article 19 of Regulation (EU) No 517/2014 and of Article 26 of this Regulation for the years available, on the basis of available data. Article 26(5), second subparagraph, a reference value based on the annual average of the quantities of those hydrofluorocarbons for such usage lawfully placed on the market from 1 January 2020 as reported under Article 19 of Regulation (EU) No 517/2014 and of Article 26 of this Regulation for the years available, on the basis of available data. Quota allocated for usage referred to in Article 26(5), second sub-paragraph, cannot be transferred to other applications until (a) the quota is exhausted or (b) the needs of producers of metered dose inhalers have been met. In this case, remaining quota can be allocated to other applications until the end of Q1 of the following year Or. en Amendment 567 Cristian-Silviu Buoi Proposal for a regulation Annex VIII - point 1 - paragraph 1 Text proposed by the Commission Determination of the quantity to be allocated to undertakings for which reference values have been established under Article 17(1). Amendment Determination of the quantity to be allocated where relevant to undertakings for which reference values have been established under Article 17(1) with reference values referred to in Annex VII, point 4(ii). Or. en Amendment 568 Cristian-Silviu Buoi Proposal for a regulation Annex VIII - point 1 - paragraph 2 - indent 1 Text proposed by the Commission - a quota corresponding to 89 % of the reference value referred to in Annex VII, point 4(i), multiplied by the maximum quantity for the year for which the quota is allocated divided by the base value of 176 700 479 tonnes CO2 equivalent76 Amendment - a quota corresponding to the reference value referred to in Annex VII, point 4(ii), multiplied by the maximum quantity for the year for which the quota is allocated divided by the maximum quantity for the year 2024. PE737.211v01-00 EN 262/334 PR\1265051EN.docx . _________________ 76 This number is the maximum quantity established for 2015 at the beginning of the phasedown, taking into account BREXIT. Or. en Amendment 569 Cristian-Silviu Buoi Proposal for a regulation Annex VIII - point 1 - paragraph 2 - indent 2 Text proposed by the Commission - in addition, where relevant, a quota corresponding to the reference value referred to in Annex VII, point 4(ii), multiplied by the maximum quantity for the year for which the quota is allocated divided by the maximum quantity for the year 2024. deleted Amendment Or. en Amendment 570 Stelios Kympouropoulos, Dolors Montserrat, Dan-tefan Motreanu, Bartosz Arlukowicz, Pernille Weiss, Sara Skyttedal Proposal for a regulation Annex VIII - point 1 - paragraph 2 - indent 2 Text proposed by the Commission Amendment - in addition, where relevant, a quota corresponding to the reference value referred to in Annex VII, point 4(ii), multiplied by the maximum quantity for the year for which the quota is allocated divided by the maximum quantity for the year 2024. - in addition, where relevant, a quota corresponding to the reference value referred to in Annex VII, point 4(ii). From 1 January 2030 a quota corresponding to the reference value referred to in Annex VII, point 4(ii), multiplied by the maximum quantity for the year for which the quota is allocated divided by the maximum quantity for the year 2024. In case where after allocating the full amount of quotas as referred to in the second subparagraph, the maximum quantity is exceeded, all quotas allocated under Annex VII, point 4(i) will be reduced proportionally. Or. en PR\1265051EN.docx 263/334 PE737.211v01-00 EN Justification The proposed amendment takes into account the time needed by companies in the MDI sector to advance a transition to gases with lower GWP, without jeopardizing the access of patients to life-saving medication. MDIs are subject to rigorous regulatory assessment and requirements for research and development of alternatives to current HFCs, including highly regulated clinical studies to ensure patient safety. There is need to provide sufficient time to complete the transition so to avoid a shortfall in availability of life-saving medicines. Amendment 571 Susana Sols Prez Proposal for a regulation Annex VIII - point 1 - paragraph 2 - indent 2 Text proposed by the Commission - in addition, where relevant, a quota corresponding to the reference value referred to in Annex VII, point 4(ii), multiplied by the maximum quantity for the year for which the quota is allocated divided by the maximum quantity for the year 2024. Amendment - in addition, where relevant, a quota corresponding to the reference value referred to in Annex VII, point 4(ii). From 1 January 2030 a quota corresponding to the reference value referred to in Annex VII, point 4(ii), multiplied by the maximum quantity for the year for which the quota is allocated divided by the maximum quantity for the year 2024. Or. en Amendment 572 Pietro Fiocchi Proposal for a regulation Annex VIII - point 1 - paragraph 2 - indent 2 Text proposed by the Commission - in addition, where relevant, a quota corresponding to the reference value referred to in Annex VII, point 4(ii), multiplied by the maximum quantity for the year for which the quota is allocated divided by the maximum quantity for the year 2024. Amendment - - in addition, where relevant, a quota corresponding to the reference value referred to in Annex VII, point 4(ii). From 1 January 2030, a quota corresponding to the reference value referred to in Annex VII, point 4(ii), multiplied by the maximum quantity for the year for which the quota is allocated divided by the maximum quantity for the year 2024. Or. en Amendment 573 Alexandr Vondra PE737.211v01-00 EN 264/334 PR\1265051EN.docx Proposal for a regulation Annex VIII - point 1 - paragraph 2 - indent 2 Text proposed by the Commission - in addition, where relevant, a quota corresponding to the reference value referred to in Annex VII, point 4(ii), multiplied by the maximum quantity for the year for which the quota is allocated divided by the maximum quantity for the year 2024. Amendment - in addition, where relevant, a quota corresponding to the reference value referred to in Annex VII, point 4(ii), multiplied by the maximum quantity for the year for which the quota is allocated divided by the maximum quantity for the year 2027. Or. en Amendment 574 Cristian-Silviu Buoi Proposal for a regulation Annex VIII - point 1 - paragraph 3 Text proposed by the Commission In case where after allocating the full amount of quotas as referred to in the second subparagraph, the maximum quantity is exceeded, all quotas will be reduced proportionally. deleted Amendment Or. en Amendment 575 Alexandr Vondra Proposal for a regulation Annex VIII - point 1 - paragraph 3 Text proposed by the Commission In case where after allocating the full amount of quotas as referred to in the second subparagraph, the maximum quantity is exceeded, all quotas will be reduced proportionally. Amendment In case where after allocating the full amount of quotas as referred to in the second subparagraph, the maximum quantity is exceeded, all quotas allocated under Annex VII, point 4(i) will be reduced proportionally. Or. en Amendment 576 Susana Sols Prez PR\1265051EN.docx 265/334 PE737.211v01-00 EN Proposal for a regulation Annex VIII - point 1 - paragraph 3 Text proposed by the Commission In case where after allocating the full amount of quotas as referred to in the second subparagraph, the maximum quantity is exceeded, all quotas will be reduced proportionally. Amendment 577 Pietro Fiocchi Proposal for a regulation Annex VIII - point 1 - paragraph 3 Text proposed by the Commission In case where after allocating the full amount of quotas as referred to in the second subparagraph, the maximum quantity is exceeded, all quotas will be reduced proportionally. Amendment 578 Cristian-Silviu Buoi Proposal for a regulation Annex VIII - point 2 - paragraph 1 a (new) Text proposed by the Commission Amendment In case where after allocating the full amount of quotas as referred to in the second subparagraph, the maximum quantity is exceeded, all quotas allocated under Annex VII, point 4(i) will be reduced proportionally. Or. en Amendment In case where after allocating the full amount of quotas as referred to in the second subparagraph, the maximum quantity is exceeded, all quotas allocated under Annex VII, point 4(i) will be reduced proportionally. Or. en Amendment Each undertaking that has submitted a declaration receives quota, which is calculated as follows: The total sum of quotas corresponding to 5% of the maximum quantity for the given year set out in annex VII (1) to determine the reserve amount to be allocated to undertakings, which have submitted a declaration under Article 17(3). Or. en PE737.211v01-00 EN 266/334 PR\1265051EN.docx Amendment 579 Cristian-Silviu Buoi Proposal for a regulation Annex VIII - point 2 - paragraph 4 a (new) Text proposed by the Commission Or. en Amendment Determination of the quantity to be allocated to undertakings for which reference values have been established under Article 17(1) excluding reference values referred to in Annex VII, point 4(ii). Each undertaking for which reference values have been established receives quota, which is calculated as follows: The total sum of the quotas allocated under point 1 and 2 is subtracted from the maximum quantity for the given year set out in Annex VII to determine the quota amount to be allocated to undertakings for which reference values have been established under Article 17(1) excluding reference values referred to in Annex VII, point 4(ii). Each undertaking receives an allocation corresponding to a pro-rata share of the quota amount. The pro-rata share is calculated by dividing the undertaking's reference value referred to in Annex VII, point 4(i), by the aggregated reference value of all importers and producers referred to in Annex VII, point 4(i) and multiplying by the quota amount. In cases where after allocating the full amount of quotas, the maximum quantity is exceeded, all quotas will be reduced proportionally. Amendment 580 Gnther Sidl, Maria Arena Proposal for a regulation Annex I - section 3 Text proposed by the Commission Section 3: Other perfluorinated compounds sulphur hexafluoride SF6 Amendment Section 3: Other (per)fluorinated compounds and fluorinated ketones sulphur hexafluoride SF6 1,1,1,3,4,4,4-Heptafluoro-3- CF3C(O)CF(CF3)2 PR\1265051EN.docx 267/334 25 200 18 300 25 200 0,29(1) 18 300 (*) PE737.211v01-00 EN (trifluoromethyl)butan-2-one Heptafluoroisobutyronitrile (2,3,3,3-tetrafluoro-2(trifluoromethyl)-propanenitrile) Iso-C3F7CN 2 750 4 580 __________________ 1 Ren et al. (2019). Atmospheric Fate and Impact of Perfluorinated Butanone and Pentanone. Environ. Sci. Technol. 2019, 53, 15, 8862-8871 Or. en Justification Both substances, CFC(O)CF(CF) and Iso-C3F7CN, are being used as sulphur hexafluoride substitutes in electrical switchgear. However, there is insufficient data available about their impacts on health and environment. There is reason to be concerned since these substances are classified as Per- and Polyfluoroalkyl Substances (PFAS), a group of chemicals proven to be connected to health hazards (e.g. causing cancer types) and environmental pollution (e.g. groundwater pollution). Therefore, it is imperative that these substances are moved to Annex I in order to fall under the regulations in the following articles 4, 5, 6, 7, 8, 9, 10, 11, 12, 23 so that the same requirements are set for all fluorinated gases used in electrical switchgear. Amendment 581 Bas Eickhout Proposal for a regulation Annex I - section 3 Text proposed by the Commission Section 3: Other perfluorinated compounds sulphur hexafluoride SF6 25 200 18 300 Amendment Section 3: Other (per)fluorinated compounds and fluorinated ketones sulphur hexafluoride SF6 Heptafluoroisobutyronitrile (2,3,3,3-tetrafluoro-2- Iso-C3F7CN (trifluoromethyl)-propanenitrile) 1,1,1,3,4,4,4-Heptafluoro-3(trifluoromethyl)butan-2-one CF3C(O)CF(CF3)2 25 200 2 750 0,29(1) 18 300 4 580 (*) __________________ 1 Ren et al. (2019). Atmospheric Fate and Impact of Perfluorinated Butanone and Pentanone. Environ. Sci. Technol. 2019, 53, 15, 8862-8871 Or. en Justification Fluoronitrile and fluoroketone are used by the switchgear industry as SF6 alternatives. Their use should not only be monitored, but also controlled. That is why they should be moved from Annex III to Annex I. Fluoronitrile is a PFAS, so its control will yield not only climate benefits, but also environmental and health benefits. PE737.211v01-00 EN 268/334 PR\1265051EN.docx Amendment 582 Nikolaj Villumsen Proposal for a regulation Annex I - section 3 Text proposed by the Commission Industrial designation Substance Chemical name (Common name) Chemical formula GWP 100 Section 3: Other perfluorinated compounds sulphur hexafluoride SF6 25 200 GWP 20 18 300 Amendment Industrial designation Substance Chemical name (Common name) Chemical formula GWP 100 GWP 20 Section 3: Other perfluorinated compounds sulphur hexafluoride SF6 25 200 18 300 1,1,1,3,4,4,4-Heptafluoro3- (trifluoromethyl)butan2-one Heptafluoroisobutyronitrile (2,3,3,3- tetrafluoro-2(trifluoromethyl)propanenitrile) * Not yet available. CF3C(O)CF(CF3)2 Iso-C3F7CN 0,29 2 750 (*) 4 580 Or. en Justification Connected with Amendment 50 to Annex III. Amendment 583 Peter Liese, Hildegard Bentele Proposal for a regulation Annex I - section 3 - line 1 a (new) Text proposed by the Commission Amendment Heptafluoroisobutyronitrile (2,3,3,3-tetrafluoro-2(trifluoromethyl)-propanenitrile) Iso-C3F7CN 2 4 750 580 PR\1265051EN.docx 269/334 PE737.211v01-00 EN Amendment 584 Peter Liese, Hildegard Bentele Proposal for a regulation Annex I - section 3 - line 1 b (new) Text proposed by the Commission Amendment 1,1,1,3,4,4,4-Heptafluoro-3-(trifluoromethyl)butan-2-one CF3C(O)CF(CF3)2 Or. en 0,29 (*) Amendment 585 Peter Liese, Hildegard Bentele Proposal for a regulation Annex II - table - section 3 - row 2 Text proposed by the Commission sulfurylfluoride SO2F2 4 630 7 510 Or. en deleted Amendment Amendment 586 Nikolaj Villumsen Proposal for a regulation Annex III - section 1 - row 37 Text proposed by the Commission Or. en 1,1,1,3,4,4,4-Heptafluoro-3(trifluoromethyl)butan-2-one CF3C(O)CF(CF3)2 0,29(1) (*) __________________ 1 Ren et al. (2019). Atmospheric Fate and Impact of Perfluorinated Butanone and Pentanone. Environ. Sci. Technol. 2019, 53, 15, 8862- 8871 Amendment Deleted PE737.211v01-00 EN 270/334 PR\1265051EN.docx Amendment 587 Bas Eickhout Proposal for a regulation Annex III - section 1 - row 37 Text proposed by the Commission Or. en 1,1,1,3,4,4,4-Heptafluoro-3(trifluoromethyl)butan-2-one CF3C(O)CF(CF3)2 0,29(1) (*) __________________ 1 Ren et al. (2019). Atmospheric Fate and Impact of Perfluorinated Butanone and Pentanone. Environ. Sci. Technol. 2019, 53, 15, 8862- 8871 Amendment Deleted Or. en Justification Fluoronitrile and fluoroketone are used by the switchgear industry as SF6 alternatives. Their use should not only be monitored, but also controlled. That is why they should be moved from Annex III to Annex I. Fluoronitrile is a PFAS, so its control will yield not only climate benefits, but also environmental and health benefits. Amendment 588 Stelios Kympouropoulos, Bartosz Arlukowicz, Fulvio Martusciello, Dolors Montserrat, Dan-tefan Motreanu, Sara Skyttedal, Pernille Weiss Proposal for a regulation Annex III - section 1 - row 37 Text proposed by the Commission 1,1,1,3,4,4,4-Heptafluoro-3-(trifluoromethyl)butan-2-one CF3C(O)CF(CF3)2 0,29 (*) Deleted Amendment 589 Peter Liese, Hildegard Bentele Proposal for a regulation Amendment Or. en PR\1265051EN.docx 271/334 PE737.211v01-00 EN Annex III - section 1 - row 37 Text proposed by the Commission 1,1,1,3,4,4,4-Heptafluoro-3-(trifluoromethyl)butan-2-one CF3C(O)CF(CF3)2 0,29 (*) Amendment deleted Or. en Amendment 590 Stelios Kympouropoulos, Bartosz Arlukowicz, Fulvio Martusciello, Dolors Montserrat, Dan-tefan Motreanu, Sara Skyttedal, Pernille Weiss Proposal for a regulation Annex III - section 1 - row 37 Text proposed by the Commission 1,1,1,3,4,4,4-Heptafluoro-3-(trifluoromethyl)butan-2-one CF3C(O)CF(CF3)2 0,29 (*) Deleted Amendment Amendment 591 Nikolaj Villumsen Proposal for a regulation Annex III - section 2 - row 37 Text proposed by the Commission Or. en Heptafluoroisobutyronitrile (2,3,3,3-tetrafluoro-2-(trifluoromethyl)propanenitrile) Iso-C3F7CN 2 750 4 580 Deleted Amendment Amendment 592 Bas Eickhout Proposal for a regulation Annex III - section 2 - row 37 PE737.211v01-00 Text proposed by the Commission 272/334 Or. en PR\1265051EN.docx EN Heptafluoroisobutyronitrile (2,3,3,3-tetrafluoro-2-(trifluoromethyl)- Iso-C3F7CN 2 750 4 580 propanenitrile) Amendment Deleted Or. en Justification Fluoronitrile and fluoroketone are used by the switchgear industry as SF6 alternatives. Their use should not only be monitored, but also controlled. That is why they should be moved from Annex III to Annex I. Fluoronitrile is a PFAS, so its control will yield not only climate benefits, but also environmental and health benefits. Amendment 593 Stelios Kympouropoulos, Bartosz Arlukowicz, Fulvio Martusciello, Dolors Montserrat, Dan-tefan Motreanu, Sara Skyttedal, Pernille Weiss Proposal for a regulation Annex III - section 2 - row 4 Text proposed by the Commission Heptafluoroisobutyronitrile (2,3,3,3-tetrafluoro-2-(trifluoromethyl)-propanenitrile) Iso-C3F7CN 2 750 4 580 Deleted Amendment Amendment 594 Peter Liese, Hildegard Bentele Proposal for a regulation Annex III - section 2 - row 4 Text proposed by the Commission Heptafluoroisobutyronitrile (2,3,3,3-tetrafluoro-2-(trifluoromethyl)propanenitrile) Or. en IsoC3F7CN 2 750 4 580 Amendment deleted Or. en Amendment 595 Stelios Kympouropoulos, Bartosz Arlukowicz, Fulvio Martusciello, Dolors Montserrat, Dan-tefan Motreanu, Sara Skyttedal, Pernille Weiss Proposal for a regulation PR\1265051EN.docx 273/334 PE737.211v01-00 EN Annex III - section 2 - row 4 Text proposed by the Commission Heptafluoroisobutyronitrile (2,3,3,3-tetrafluoro-2-(trifluoromethyl)-propanenitrile) Iso-C3F7CN 2 750 4 580 Deleted Amendment Amendment 596 Peter Liese, Hildegard Bentele Proposal for a regulation Annex III - section 2 - row 7 a (new) Text proposed by the Commission Amendment sulfurylfluoride SO2F2 4 630 7 510 Or. en Amendment 597 Gnther Sidl, Maria Arena Proposal for a regulation Annex IV - point 10 a (new) Text proposed by the Commission Amendment Or. en (10a) Domestic refrigerators and freezers that contain fluorinated greenhouse gases 1 January 2025 Or. en Justification Stationary refrigeration no longer requires the use of fluorinated greenhouse gases, as there is an abundance of natural refrigerant alternatives available. (See Oko-Insitut et al (2022). Amendment 598 Nikolaj Villumsen Proposal for a regulation Annex IV - point 10 a (new) Amendment PE737.211v01-00 EN 274/334 PR\1265051EN.docx (10a) Domestic refrigerators and freezers that contain fluorinated greenhouse gases or other halogenated substances Amendment 599 Gnther Sidl, Maria Arena Proposal for a regulation Annex IV - point 11 Text proposed by the Commission 1 January 2025 Or. en -that contain HFCs with GWP of 2 500 or more. (11) Refrigerators and 1 January 2020 freezers for commercial use (self- contained -that contain HFCs with GWP of 150 or more. equipment) 1 January 2022 -that contain other fluorinated greenhouse gases with GWP of 1 January 150 or more. 2024 Amendment -that contain HFCs with GWP of 2 500 or more. (11) Refrigerators and freezers for commercial use (self- contained -that contain HFCs with GWP of 150 or more. equipment) -that contain fluorinated greenhouse gases. 1 January 2020 1 January 2022 1 January 2024 Or. en Justification Stationary refrigeration no longer requires the use of fluorinated greenhouse gases, as there is an abundance of natural refrigerant alternatives available. (See Oko-Insitut et al (2022). Amendment 600 Stelios Kympouropoulos, Bartosz Arlukowicz, Fulvio Martusciello, Dolors Montserrat, Dan-tefan Motreanu, Sara Skyttedal, Pernille Weiss Proposal for a regulationAnnex IV - point 11 Text proposed by the Commission PR\1265051EN.docx 275/334 PE737.211v01-00 EN -that contain HFCs with GWP of 2 500 or more. (11) Refrigerators 1 January 2020 and freezers for commercial use (self-contained -that contain HFCs with GWP of 150 or more. equipment) 1 January 2022 -that contain other fluorinated greenhouse gases with GWP of 150 1 January or more. 2024 Amendment (11) Stationary -that contain HFCs with GWP of 2 500 or more. refrigerators 1 January 2020 and freezers for commercial use -that contain HFCs with GWP of 150 or more. (hermetically 1 January 2022 sealed equipment) -that contain other fluorinated greenhouse gases with GWP of 150 1 January or more (self-contained equipment). 2024 Amendment 601 Nikolaj Villumsen Proposal for a regulation Annex IV - point 11 Text proposed by the Commission Or. en -that contain HFCs with GWP of 2 500 or more. (11) Refrigerators and freezers for commercial use (self-contained equipment) -that contain HFCs with GWP of 150 or more. 1 January 2020 1 January 2022 -that contain other fluorinated greenhouse gases with GWP of 150 or more. 1 January 2024 Amendment (11) Refrigerators and -that contain HFCs with GWP of 2 500 or more. freezers for commercial use (self-contained equipment) -that contain HFCs with GWP of 150 or more. PE737.211v01-00 EN 276/334 1 January 2020 1 January 2022 PR\1265051EN.docx -that contain fluorinated greenhouse gases or other halogenated substances. Amendment 602 Alessandra Moretti Proposal for a regulation Annex IV - point 11 Text proposed by the Commission 1 January 2024 Or. en -that contain HFCs with GWP of 2 500 or more. (11) Refrigerators and freezers for commercial use (self-contained -that contain HFCs with GWP of 150 or more. equipment) 1 January 2020 1 January 2022 -that contain other fluorinated greenhouse gases with GWP of 150 or more. 1 January 2024 Amendment -that contain HFCs with GWP of 2 500 or more. (11) Refrigerators and freezers for commercial use (self-contained -that contain HFCs with GWP of 150 or more. equipment) -that contain fluorinated greenhouse gases. Amendment 603 Nicola Procaccini Proposal for a regulation Annex IV - point 11 Text proposed by the Commission 1 January 2020 1 January 2022 1 January 2024 Or. en (11) Refrigerators and -that contain HFCs with GWP of 2 500 or more. freezers for commercial 1 January 2020 PR\1265051EN.docx 277/334 PE737.211v01-00 EN use (self-contained equipment) -that contain HFCs with GWP of 150 or more. -that contain other fluorinated greenhouse gases with GWP of 150 or more. 1 January 2022 1 January 2024 Amendment -that contain HFCs with GWP of 2 500 or more. (11) Refrigerators and freezers for commercial use (hermetically -that contain HFCs with GWP of 150 or more. sealed) 1 January 2020 1 January 2022 -that contain other fluorinated greenhouse gases with GWP of 150 or more. 1 January 2024 Amendment 604 Danilo Oscar Lancini Proposal for a regulation Annex IV - point 11 Text proposed by the Commission Or. en -that contain HFCs with GWP of 2 500 or more. 1 January (11) Refrigerators and 2020 freezers for commercial use (self- -that contain HFCs with GWP of 150 or more. contained equipment) -that contain other fluorinated greenhouse gases with GWP of 150 or more. 1 January 2022 1 January 2024 Amendment -that contain HFCs with GWP of 2 500 or more. (11) Refrigerators and freezers for commercial use -that contain HFCs with GWP of 150 or more. (hermetically sealed equipment) Deleted PE737.211v01-00 EN 278/334 1 January 2020 1 January 2022 Deleted Or. en PR\1265051EN.docx Amendment 605 Gnther Sidl, Maria Arena Proposal for a regulation Annex IV - point 12 Text proposed by the Commission (12) Any self-contained refrigeration equipment that contains fluorinated greenhouse 1 January gases with GWP of 150 or more. 2025 Amendment (12) Any self-contained refrigeration equipment that contains fluorinated greenhouse 1 January gases. 2025 Or. en Justification Stationary refrigeration no longer requires the use of fluorinated greenhouse gases, as there is an abundance of natural refrigerant alternatives available. (See Oko-Insitut et al (2022). Amendment 606 Danilo Oscar Lancini Proposal for a regulation Annex IV - point 12 Text proposed by the Commission (12) Any self-contained refrigeration equipment that contains fluorinated greenhouse 1 January gases with GWP of 150 or more. 2025 Amendment (12) Any stationary self-contained refrigeration equipment that contains fluorinated 1 January greenhouse gases with GWP of 5 or more. 2024 Amendment 607 Giuseppe Ferrandino Proposal for a regulation PR\1265051EN.docx 279/334 Or. en PE737.211v01-00 EN Annex IV - point 12 Text proposed by the Commission (12) Any self-contained refrigeration equipment that contains fluorinated greenhouse 1 January gases with GWP of 150 or more. 2025 Amendment (12) Any self-contained stationary refrigeration equipment that contains fluorinated greenhouse gases with GWP of 150 or more. 1 January 2025 Or. en Justification With regard to Annex IV, the proposal, as currently formulated, lacks clarity on its legal scope. As refrigerated transport systems are "non-stationary" mobile equipment not covered by the MAC Directive, Trane Technologies believes that refrigerated trucks and trailers should not be included in this ban. Additionally, in the current proposal, the date indicated for the entry into force of such a prohibition is set for January 1st, 2025. Amendment 608 Stelios Kympouropoulos, Bartosz Arlukowicz, Fulvio Martusciello, Dolors Montserrat, Dan-tefan Motreanu, Sara Skyttedal, Pernille Weiss Proposal for a regulation Annex IV - point 12 Text proposed by the Commission (12) Any self-contained refrigeration equipment that contains fluorinated greenhouse 1 January gases with GWP of 150 or more. 2025 Amendment (12) a) Any stationary self-contained refrigeration equipment (except chillers) that contains fluorinated greenhouse gases with GWP of 5 or more. 1 January 2025 b) Any transported refrigeration equipment that contains fluorinated greenhouse gases with GWP of more than 300. January 2034 PE737.211v01-00 EN 280/334 Or. en PR\1265051EN.docx Justification Refrigerated transport sector equipment has a very long-life span of around 18 years and is highly regulated by ATP (UNECE WP11), with every piece of equipment having to be ATP certified. Given the difficulty that this makes for any modifications of equipment, this amendment allows sufficient time for the transition to other refrigerants. Amendment 609 Alexandr Vondra Proposal for a regulation Annex IV - point 12 Text proposed by the Commission (12) Any self-contained refrigeration equipment that contains fluorinated 1 January greenhouse gases with GWP of 150 or more. 2025 Amendment (12) Any stationary, self-contained refrigeration equipment except chillers, rooftops or any other stationary self-contained refrigeration equipment with a capacity above 6 kW that contains fluorinated 1 January greenhouse gases with GWP of 150 or more, except when needed to 2027 meet safety requirements. Amendment 610 Nikolaj Villumsen Proposal for a regulation Annex IV - point 12 Text proposed by the Commission Or. en (12) Any self-contained refrigeration equipment that contains fluorinated greenhouse gases with 1 January GWP of 150 or more. 2025 Amendment (12) Any self-contained refrigeration equipment that contains fluorinated greenhouse gases or 1 January other halogenated substances. 2025 Amendment 611 PR\1265051EN.docx 281/334 Or. en PE737.211v01-00 EN Nicola Procaccini Proposal for a regulation Annex IV - point 12 Text proposed by the Commission (12) Any self-contained refrigeration equipment that contains fluorinated greenhouse gases with 1 January GWP of 150 or more. 2025 Amendment (12) Any stationary self-contained refrigeration equipment that contains fluorinated greenhouse 1 January gases with GWP of 5 or more. 2024 Amendment 612 Alessandra Moretti Proposal for a regulation Annex IV - point 12 Text proposed by the Commission Or. en (12) Any self-contained refrigeration equipment that contains fluorinated greenhouse gases 1 January with GWP of 150 or more. 2025 Amendment (12) Any stationary self-contained refrigeration equipment that contains fluorinated greenhouse gases. Amendment 613 Gnther Sidl, Maria Arena Proposal for a regulation Annex IV - point 14 Text proposed by the Commission 1 January 2024 Or. en PE737.211v01-00 EN 282/334 PR\1265051EN.docx (14) Stationary refrigeration equipment, that contains, or whose functioning relies upon, fluorinated greenhouse gases with GWP of 2 500 or more except equipment 1 January intended for application designed to cool products to temperatures below - 50 C. 2024 Amendment (14) Stationary refrigeration equipment, that contains, or whose functioning relies upon, 1 January fluorinated greenhouse gases. 2024 Or. en Justification Stationary refrigeration no longer requires the use of fluorinated greenhouse gases, as there is an abundance of natural refrigerant alternatives available. (See Oko-Insitut et al (2022). Amendment 614 Danilo Oscar Lancini Proposal for a regulation Annex IV - point 14 Text proposed by the Commission (14) Stationary refrigeration equipment, that contains, or whose functioning relies upon, fluorinated greenhouse gases with GWP of 2 500 or more except equipment 1 January intended for application designed to cool products to temperatures below - 50 C. 2024 Amendment (14) Stationary refrigeration equipment, that contains, or whose functioning relies upon, 1 January fluorinated greenhouse gases with GWP of 150 or more. 2024 Or. en Amendment 615 Stelios Kympouropoulos, Bartosz Arlukowicz, Fulvio Martusciello, Dolors Montserrat, Dan-tefan Motreanu, Sara Skyttedal, Pernille Weiss Proposal for a regulation Annex IV - point 14 Text proposed by the Commission PR\1265051EN.docx 283/334 PE737.211v01-00 EN (14) Stationary refrigeration equipment, that contains, or whose functioning relies upon, fluorinated greenhouse gases with GWP of 2 500 or more except equipment 1 January intended for application designed to cool products to temperatures below - 50 C. 2024 Amendment (14) Stationary refrigeration equipment, that contains, or whose functioning relies upon, fluorinated greenhouse gases with GWP of 150 or more except equipment 1 January intended for application designed to cool products to temperatures below - 50 C. 2024 Or. en Justification The GWP threshold of 2500 is outdated. The current market portfolio is already within a GWP limit of 150. Amendment 616 Alexandr Vondra Proposal for a regulation Annex IV - point 14 Text proposed by the Commission (14) Stationary refrigeration equipment, that contains, or whose functioning relies upon, fluorinated greenhouse gases with GWP of 2 500 or more except equipment intended for application designed to cool products to temperatures below - 50 C. 1 January 2024 Amendment (14) Stationary refrigeration equipment, that contains, or whose functioning relies upon, fluorinated greenhouse gases with GWP of 2 500 or more except equipment intended for application designed to cool products to temperatures below - 50 C. 1 January 2026 Amendment 617 Nikolaj Villumsen Proposal for a regulation Annex IV - point 14 Text proposed by the Commission Or. en PE737.211v01-00 EN 284/334 PR\1265051EN.docx (14) Stationary refrigeration equipment, that contains, or whose functioning relies upon, fluorinated greenhouse gases with GWP of 2 500 or more except equipment intended for 1 January application designed to cool products to temperatures below - 50 C. 2024 Amendment (14) Stationary refrigeration equipment, that contains, or whose functioning relies upon, fluorinated greenhouse gases or other halogenated substances. 1 January 2024 Amendment 618 Nicola Procaccini Proposal for a regulation Annex IV - point 14 Text proposed by the Commission Or. en (14) Stationary refrigeration equipment, that contains, or whose functioning relies upon, fluorinated greenhouse gases with GWP of 2 500 or more except equipment intended for 1 January application designed to cool products to temperatures below - 50 C. 2024 Amendment (14) Stationary refrigeration equipment, that contains, or whose functioning relies upon, fluorinated greenhouse gases with GWP of 150 or more. Amendment 619 Danilo Oscar Lancini Proposal for a regulation 1 January 2024 Or. en PR\1265051EN.docx 285/334 PE737.211v01-00 EN Annex IV - point 15 Text proposed by the Commission (15) Multipack centralized refrigeration systems for commercial use with a rated capacity of 40 kW or more that contain, or whose functioning relies upon, fluorinated greenhouse gases listed in Annex I with GWP of 150 or more, except in the primary refrigerant circuit of 1 January 2022 cascade systems where fluorinated greenhouse gases with a GWP of less than 1 500 may be used. Amendment (15) Multipack centralized refrigeration systems for commercial use with a rated capacity of 40 kW or more that contain, or whose functioning relies upon, fluorinated greenhouse gases 1 January 2024 listed in Annex I with GWP of 5 or more. Or. en Amendment 620 Stelios Kympouropoulos, Bartosz Arlukowicz, Fulvio Martusciello, Dolors Montserrat, Dan-tefan Motreanu, Sara Skyttedal, Pernille Weiss Proposal for a regulation Annex IV - point 15 Text proposed by the Commission (15) Multipack centralized refrigeration systems for commercial use with a rated capacity of 40 kW or more that contain, or whose functioning relies upon, fluorinated greenhouse gases listed in Annex I with GWP of 150 or more, except in the primary 1 January refrigerant circuit of cascade systems where fluorinated greenhouse gases with a GWP 2022 of less than 1 500 may be used. Amendment (15) Stationary refrigeration systems, power racks and/or refrigerated remote cabinets assembly with a total rated capacity of 10 kW or more that contain, or whose functioning relies upon, fluorinated greenhouse gases with GWP of 5 or more, except chillers. Amendment 621 Nicola Procaccini Proposal for a regulation Annex IV - point 15 1 January 2024 Or. en PE737.211v01-00 EN 286/334 PR\1265051EN.docx Text proposed by the Commission (15) Multipack centralized refrigeration systems for commercial use with a rated capacity of 40 kW or more that contain, or whose functioning relies upon, fluorinated greenhouse gases listed in Annex I with GWP of 150 or more, except in the primary refrigerant circuit of cascade systems where fluorinated greenhouse gases with a GWP of less than 1 500 may be used. 1 January 2022 Amendment (15) Stationary refrigeration systems, power racks and/or refrigerated remote cabinets assembly with a total rated capacity of 10kW or more that contain, or whose functioning relies upon, fluorinated greenhouse gases with GWP of 5 or more. 1 January 2024 Amendment 622 Gnther Sidl, Maria Arena Proposal for a regulation Annex IV - point 17 Text proposed by the Commission Or. en (17) Plug-in room and other self-contained air-conditioning and heat pump equipment that contain fluorinated greenhouse gases with GWP of 150 or more. 1 January 2025 Amendment (17) Plug-in room and other self-contained air-conditioning and heat pump equipment that contain fluorinated greenhouse. 1 January 2025 Or. en Justification Many producers of plug in room air conditioners and heat pumps have already moved to the safe and efficient use of propane in the EU market, as there are dozens of models available on the European market and plans from some large manufacturers to scale up production. Amendment 623 Alexander Bernhuber Proposal for a regulation Annex IV - point 17 Text proposed by the Commission PR\1265051EN.docx 287/334 PE737.211v01-00 EN (17) Plug-in-Raumklimagerte und andere in sich geschlossene Raumklimagerte und 1. Januar Wrmepumpen, die HFKW mit einem GWP von 150 oder mehr enthalten 2025 Amendment (17) Plug-in-Raumklimagerte und andere in sich geschlossene Raumklimagerte, die 1. Januar HFKW mit einem GWP von 150 oder mehr enthalten 2025 Amendment 624 Danilo Oscar Lancini Proposal for a regulation Annex IV - point 17 Text proposed by the Commission Or. de (17) Plug-in room and other self-contained air-conditioning and heat pump equipment 1 January that contain fluorinated greenhouse gases with GWP of 150 or more. 2025 Amendment (17) self-contained air-conditioning and heat pump equipment: (a) Of a rated capacity of up to and including 7 kW containing, or whose functioning relies upon, fluorinated greenhouse gases with GWP of 150 or more, except when required to meet safety standards; (b) Of a rated capacity of more than 7 kW containing, or whose functioning relies upon, fluorinated greenhouse gases with GWP of 750 or more, except when required to meet safety standards. 1 January 2025 1 January 2027 Amendment 625 Bas Eickhout Proposal for a regulation Annex IV - point 17 Text proposed by the Commission Or. en PE737.211v01-00 EN 288/334 PR\1265051EN.docx (17) Plug-in room and other self-contained air-conditioning and heat pump equipment 1 January that contain fluorinated greenhouse gases with GWP of 150 or more. 2025 Amendment (17) Plug-in room, monoblock, and other self-contained air-conditioning and heat pump 1 January equipment that contain fluorinated greenhouse gases with GWP of 150 or more. 2025 Or. en Justification This AM clarifies that point (17) covers monoblock heat pumps, as opposed to point (18), which covers split heat pumps. Amendment 626 Alexandr Vondra Proposal for a regulation Annex IV - point 17 Text proposed by the Commission (17) Plug-in room and other self-contained air-conditioning and heat pump equipment that contain fluorinated greenhouse gases with GWP of 1 January 150 or more. 2025 Amendment (17) Plug-in self-contained room air-conditioning equipment and plug-in self-contained room heat pump appliances which are movable by the end user that contain fluorinated greenhouse gases with GWP of 150 or more, except when needed to meet safety requirements. 1 January 2028 Amendment 627 Ondej Knotek, Billy Kelleher, Frdrique Ries, Emma Wiesner Proposal for a regulation Annex IV - point 17 Text proposed by the Commission Or. en PR\1265051EN.docx 289/334 PE737.211v01-00 EN (17) Plug-in room and other self-contained air-conditioning and heat pump equipment 1 January that contain fluorinated greenhouse gases with GWP of 150 or more. 2025 Amendment (17) Plug-in room and other self-contained air-conditioning and heat pump equipment 1 January that contain fluorinated greenhouse gases with GWP of 150 or more. 2027 Or. en Justification It is of outermost importance that the Commission's proposal on F-Gas is aligned with the new target of RePowerEU. Amendment 628 Alessandra Moretti Proposal for a regulation Annex IV - point 17 Text proposed by the Commission (17) Plug-in room and other self-contained air-conditioning and heat pump equipment that contain fluorinated greenhouse gases with GWP of 150 or more. 1 January 2025 Amendment (17) Plug-in self-contained "room air-conditioning and heat pump equipment" which is moveable 1 January 2025 by the end user that contain fluorinated greenhouse gases with GWP of 150 or more. Amendment 629 Nicola Procaccini Proposal for a regulation Annex IV - point 17 Text proposed by the Commission (17) Plug-in room and other self-contained air-conditioning and heat pump equipment that contain fluorinated greenhouse gaseswith GWP of 150 or more. Or. en 1 January 2025 PE737.211v01-00 EN 290/334 PR\1265051EN.docx Amendment (17) Self-contained air-conditioning and heat pump equipment: (a) Of a rated capacity of up to and including 7 kW containing, or whose functioning relies upon, fluorinated greenhouse gases with GWP of 150 or more, except when required to 1 January 2025 meet safety standards. (b) Of a rated capacity of more than 7 kW containing, or whose functioning relies upon, fluorinated greenhouse gases with GWP of 750 or more, except when required to meet 1 January 2027 safety standards. Amendment 630 Nikolaj Villumsen Proposal for a regulation Annex IV - point 17 Text proposed by the Commission Or. en (17) Plug-in room and other self-contained air-conditioning and heat pump equipment that contain fluorinated greenhouse gases with GWP of 150 or more. Amendment 1 January 2025 (17) Plug-in room, monoblocs and other self-contained air-conditioning and heat pump equipment that contain fluorinated greenhouse gases or other halogenated substances. 1 January 2025 Amendment 631 Peter Liese Proposal for a regulation Annex IV - point 17 Text proposed by the Commission Or. en PR\1265051EN.docx 291/334 PE737.211v01-00 EN (17) Plug-in room and other self-contained air-conditioining and heat pump equipment that contain fluorinated greenhouse gases with GWP of 150 or more. Amendment 1 January 2025 (17) Plug-in self-contained room air-conditioning and plug-in self-contained room heat pump 1 January appliances that contain fluorinated greenhouse gases. 2026 Or. en Amendment 632 Stelios Kympouropoulos, Bartosz Arlukowicz, Fulvio Martusciello, Dolors Montserrat, Dan-tefan Motreanu, Sara Skyttedal, Pernille Weiss Proposal for a regulation Annex IV - point 17 Text proposed by the Commission (17) Plug-in room and other self-contained air-conditioning and heat pump equipment 1 January that contain fluorinated greenhouse gases with GWP of 150 or more. 2025 Amendment (17) Plug-in room and other self-contained air-conditioning and heat pump equipment 1 January that contain fluorinated greenhouse gases with GWP of 150 or more. 2028 Or. en Justification Depending on the heat load and flexibility required by a heat pump, the size, type and capacity will vary. While some small-scale heat pumps are easier to safely adapt to natural refrigerants with lower GWP, this is not the case for all. A delay in the restriction for refrigerants with a higher GWP for a transitional period until 2028 will help achieve the ambitions of the REPowerEU plan in the coming years whilst fitting with the needs of a variety of consumers and buildings across Europe. Amendment 633 Gnther Sidl, Maria Arena Proposal for a regulation Annex IV - point 18 PE737.211v01-00 292/334 PR\1265051EN.docx EN Text proposed by the Commission (18) Stationary split air-conditioning and split heat pump equipment : (a) Single split systems containing less than 3 kg of fluorinated greenhouse gases 1 January listed in Annex I, that contain, or whose functioning relies upon, fluorinated 2025 greenhouse gases listed in Annex I with GWP of 750 or more; (b) Split systems of a rated capacity of up to and including 12 kW containing, or whose functioning relies upon, fluorinated greenhouse gases with GWP of 150 or more, except when required to meet safety standards; (c) Split systems of a rated capacity of more than 12 kW containing, or whose functioning relies upon, fluorinated greenhouse gases with GWP of 750 or more, except when required to meet safety standards. 1 January 2027 Amendment (18) Stationary split air-conditioning and split heat pump equipment : (a) Single split systems containing less than 3 kg of fluorinated greenhouse gases 1 January listed in Annex I, that contain, or whose functioning relies upon, fluorinated 2025 greenhouse gases; (b) Split systems of a rated capacity of up to and including 12 kW containing, or whose functioning relies upon, fluorinated greenhouse gases, except when required to meet safety standards; (c) Split systems of a rated capacity of more than 12 kW and up to 200 kW containing, or whose functioning relies upon, fluorinated greenhouse gases with GWP of 750 or more, except when required to meet safety standards. (ca) Split systems of a rated capacity of more than 200 kW containing, or whose functioning relies upon, fluorinated greenhouse gases. 1 January 2027 Or. en Justification Given the recent adoption of standard IEC-60335-2-40, the proposed ban in split systems up to 12 kw can be met with propane. In specific cases where this is not possible, the safety exeption allowes for some flexiblity. In split systems above 200 kw, ammonia and CO2 are available alternatives. Amendment 634 Alexander Bernhuber Proposal for a regulation Annex IV - point 18 Text proposed by the Commission (18) Ortsfeste Split-Klimaanlagen und Split-Wrmepumpen: (a) Mono-Splitgerte, die in Anhang I aufgefhrte fluorierte Treibhausgase mit einem GWP von 750 oder mehr enthalten oder zu ihrem Funktionieren 1. Januar 2025 PR\1265051EN.docx 293/334 PE737.211v01-00 EN bentigen, wobei die Menge der in Anhang I aufgefhrten fluorierten Treibhausgasen weniger als 3 kg betrgt (b) Splitgerte mit einer Nennleistung von bis zu 12 kW (einschlielich), die fluorierte Treibhausgase mit einem GWP von 150 oder mehr enthalten oder zu ihrem Funktionieren bentigen, auer wenn dies zur Einhaltung von Sicherheitsnormen erforderlich ist 1. Januar (c) Splitgerte mit einer Nennleistung von mehr als 12 kW, die fluorierte Treibhausgase mit einem GWP von 750 oder mehr enthalten oder zu ihrem 2027 Funktionieren bentigen, auer wenn dies zur Einhaltung von Sicherheitsnormen erforderlich ist Amendment (18) Ortsfeste Split-Klimaanlagen: (a) Mono-Splitgerte, die in Anhang I aufgefhrte fluorierte Treibhausgase mit einem GWP von 750 oder mehr enthalten oder zu ihrem Funktionieren bentigen, wobei die Menge der in Anhang I aufgefhrten fluorierten Treibhausgasen weniger als 3 kg betrgt 1. Januar 2025 (b) Splitgerte mit einer Nennleistung von bis zu 12 kW (einschlielich), die fluorierte Treibhausgase mit einem GWP von 150 oder mehr enthalten oder zu ihrem Funktionieren bentigen, auer wenn dies zur Einhaltung von Sicherheitsnormen erforderlich ist 1. Januar (c) Splitgerte mit einer Nennleistung von mehr als 12 kW, die fluorierte Treibhausgase mit einem GWP von 750 oder mehr enthalten oder zu ihrem 2027 Funktionieren bentigen, auer wenn dies zur Einhaltung von Sicherheitsnormen erforderlich ist Amendment 635 Danilo Oscar Lancini Proposal for a regulation Annex IV - point 18 Text proposed by the Commission Or. de (18) Stationary split air-conditioning and split heat pump equipment : (a) Single split systems containing less than 3 kg of fluorinated greenhouse gases 1 January listed in Annex I, that contain, or whose functioning relies upon, fluorinated 2025 greenhouse gases listed in Annex I with GWP of 750 or more; (b) Split systems of a rated capacity of up to and including 12 kW containing, or whose functioning relies upon, fluorinated greenhouse gases with GWP of 150 or more, except when required to meet safety standards; (c) Split systems of a rated capacity of more than 12 kW containing, or whose functioning relies upon, fluorinated greenhouse gases with GWP of 750 or more, except when required to meet safety standards. 1 January 2027 PE737.211v01-00 EN 294/334 PR\1265051EN.docx Amendment (18) Stationary split air-conditioning, split heat pump and plug-in room self contained equipment: (a) Single split systems containing less than 3 kg of fluorinated greenhouse gases 1 January listed in Annex I, that contain, or whose functioning relies upon, fluorinated 2025 greenhouse gases listed in Annex I with GWP of 750 or more; (b) Split systems and plug-in room self-contained of a rated capacity of up to and including 7 kW containing, or whose functioning relies upon, fluorinated greenhouse gases with GWP of 150 or more, except when required to meet safety standards; 1 January (c) Split systems of a rated capacity of more than 7 kW containing, or whose 2027 functioning relies upon, fluorinated greenhouse gases with GWP of 750 or more, except when required to meet safety standards. Or. en Amendment 636 Ondej Knotek, Billy Kelleher, Frdrique Ries, Emma Wiesner Proposal for a regulation Annex IV - point 18 Text proposed by the Commission (18) Stationary split air-conditioning and split heat pump equipment : (a) Single split systems containing less than 3 kg of fluorinated greenhouse gases 1 January listed in Annex I, that contain, or whose functioning relies upon, fluorinated 2025 greenhouse gases listed in Annex I with GWP of 750 or more; (b) Split systems of a rated capacity of up to and including 12 kW containing, or whose functioning relies upon, fluorinated greenhouse gases with GWP of 150 or more, except when required to meet safety standards; (c) Split systems of a rated capacity of more than 12 kW containing, or whose functioning relies upon, fluorinated greenhouse gases with GWP of 750 or more, except when required to meet safety standards. 1 January 2027 Amendment (18) Stationary split air-conditioning and split heat pump equipment : (a) Single split systems containing less than 3 kg of fluorinated greenhouse gases 1 January listed in Annex I, that contain, or whose functioning relies upon, fluorinated 2025 greenhouse gases listed in Annex I with GWP of 750 or more; (b) Split systems of a rated capacity of up to and including 12 kW containing, or 1 January whose functioning relies upon, fluorinated greenhouse gases with GWP of 2029 150 or more, except when required to meet safety standards; PR\1265051EN.docx 295/334 PE737.211v01-00 EN (c) Split systems of a rated capacity of more than 12 kW containing, or whose functioning relies upon, fluorinated greenhouse gases with GWP of 750 or more, except when required to meet safety standards. Or. en Justification It is of outermost importance that the Commission's proposal on F-Gas is aligned with the new target of RePowerEU. Amendment 637 Nikolaj Villumsen Proposal for a regulation Annex IV - point 18 Text proposed by the Commission (18) Stationary split air-conditioning and split heat pump equipment : (a) Single split systems containing less than 3 kg of fluorinated greenhouse gases listed in 1 January Annex I, that contain, or whose functioning relies upon, fluorinated greenhouse gases listed in Annex I with GWP of 750 or more; 2025 (b) Split systems of a rated capacity of up to and including 12 kW containing, or whose functioning relies upon, fluorinated greenhouse gases with GWP of 150 or more, except when required to meet safety standards; 1 January (c) Split systems of a rated capacity of more than 12 kW containing, or whose functioning relies upon, fluorinated greenhouse gases with GWP of 750 or more, except when 2027 required to meet safety standards. Amendment (18) Stationary split air-conditioning and split heat pump equipment : (a) Single split systems containing less than 3 kg of fluorinated greenhouse gases listed in 1 January Annex I, that contain, or whose functioning relies upon, fluorinated greenhouse gases; 2025 (b) Split systems of a rated capacity of up to and including 12 kW containing, or whose functioning relies upon, fluorinated greenhouse gases or other halogenated substances, except when required to meet safety standards; 1 January 2025 (c) Split systems of a rated capacity of more than 12 and up to 200 kW containing, or whose functioning relies upon, fluorinated greenhouse gases or other halogenated substances, except when required to meet safety standards. (ca) Split systems of a rated capacity of more than 200 kW containing, or whose functioning relies upon, fluorinated greenhouse gases or other halogenated substances. 1 January 2027 Or. en PE737.211v01-00 EN 296/334 PR\1265051EN.docx Amendment 638 Nicola Procaccini Proposal for a regulation Annex IV - point 18 Text proposed by the Commission (18) Stationary split air-conditioning and split heat pump equipment : (a) Single split systems containing less than 3 kg of fluorinated greenhouse gases listed in Annex I, that contain, or whose functioning relies upon, fluorinated greenhouse gases 1 January 2025 listed in Annex I with GWP of 750 or more; (b) Split systems of a rated capacity of up to and including 12 kW containing, or whose functioning relies upon, fluorinated greenhouse gases with GWP of 150 or more, except when required to meet safety standards; (c) Split systems of a rated capacity of more than 12 kW containing, or whose 1 January 2027 functioning relies upon, fluorinated greenhouse gases with GWP of 750 or more, except when required to meet safety standards. Amendment (18) Stationary split air-conditioning and split heat pump and plug-in room self- contained equipment equipment : (a) Single split systems containing less than 3 kg of fluorinated greenhouse gases listed 1 January 2025 in Annex I, that contain, or whose functioning relies upon, fluorinated greenhouse gases listed in Annex I with GWP of 750 or more; (b) Split systems and plug-in room self- contained of a rated capacity of up to and including 7 kW containing, or whose functioning relies upon, fluorinated greenhouse gases with GWP of 150 or more, except when required to meet safety standards; (c) Split systems of a rated capacity of more than 7 kW containing, or whose 1 January 2027 functioning relies upon, fluorinated greenhouse gases with GWP of 750 or more, except when required to meet safety standards. Amendment 639 Alessandra Moretti Proposal for a regulation Annex IV - point 18 - point a Text proposed by the Commission Or. en (a) Single split systems containing less than 3 kg of fluorinated greenhouse gases listed in Annex I, that contain, or whose functioning relies upon, fluorinated greenhouse gases listed in 1 January 2025 Annex I with GWP of 750 or more; Amendment PR\1265051EN.docx 297/334 PE737.211v01-00 EN (a) Single split systems and fixed double duct appliances containing less than 3 kg of fluorinated greenhouse gases listed in Annex I, that contain, or whose functioning relies upon, 1 January 2025 fluorinated greenhouse gases listed in Annex I with GWP of 750 or more; Or. en Amendment 640 Stelios Kympouropoulos, Bartosz Arlukowicz, Fulvio Martusciello, Dolors Montserrat, Dan-tefan Motreanu, Sara Skyttedal, Pernille Weiss Proposal for a regulation Annex IV - point 18 Text proposed by the Commission (18) Stationary split air-conditioning and split heat pump equipment : (a) Single split systems containing less than 3 kg of fluorinated greenhouse gases listed in 1 January 2025 Annex I, that contain, or whose functioning relies upon, fluorinated greenhouse gases listed in Annex I with GWP of 750 or more; (b) Split systems of a rated capacity of up to and including 12 kW containing, or whose functioning relies upon, fluorinated greenhouse gases with GWP of 150 or more, except when required to meet safety standards; (c) Split systems of a rated capacity of more than 12 kW containing, or whose 1 January 2027 functioning relies upon, fluorinated greenhouse gases with GWP of 750 or more, except when required to meet safety standards. Amendment (18) Stationary split air-conditioning and split heat pump equipment : (a) Single split air-to-air systems containing less than 3 kg of fluorinated greenhouse gases listed in Annex I, that contain, or whose functioning relies upon, fluorinated greenhouse gases with GWP of 750 or more; (b) Other split equipment containing or whose functioning relies upon fluorinated greenhouse gases with GWP of 750 or more; Deleted 1 January 2025 1 January 2029 Or. en Justification Depending on the heat load and flexibility required by a heat pump, the size, type and capacity will vary. While some small-scale heat pumps are easier to safely adapt to natural refrigerants with lower GWP, this is not the case for all. A delay in the restriction for refrigerants with a higher GWP for a transitional period until 2028 will help achieve the ambitions of the REPowerEU plan in the coming years whilst fitting with the needs of a variety of consumers and buildings across Europe. Amendment 641 Alexandr Vondra PE737.211v01-00 EN 298/334 PR\1265051EN.docx Proposal for a regulation Annex IV - point 18 Text proposed by the Commission (18) Stationary split air-conditioning and split heat pump equipment : (a) Single split systems containing less than 3 kg of fluorinated greenhouse gases listed in 1 January 2025 Annex I, that contain, or whose functioning relies upon, fluorinated greenhouse gases listed in Annex I with GWP of 750 or more; (b) Split systems of a rated capacity of up to and including 12 kW containing, or whose functioning relies upon, fluorinated greenhouse gases with GWP of 150 or more, except when required to meet safety standards; (c) Split systems of a rated capacity of more than 12 kW containing, or whose 1 January 2027 functioning relies upon, fluorinated greenhouse gases with GWP of 750 or more, except when required to meet safety standards. Amendment (18) Stationary air-conditioning and heat pump equipment : (a) Single split air-conditioning systems containing less than 3 kg of fluorinated greenhouse gases listed in Annex I and fixed double duct appliances, that contain, or 1 January 2025 whose functioning relies upon, fluorinated greenhouse gases listed in Annex I with GWP of 750 or more; Deleted (c) Other split systems containing, or whose functioning relies upon, fluorinated greenhouse gases with GWP of 750 or more, except when needed to meet safety requirements. 1 January 2030 Or. en Amendment 642 Peter Liese Proposal for a regulation Annex IV - point 18 Text proposed by the Commission (18) Stationary split air-conditioning and split heat pump equipment : (a) Single split systems containing less than 3 kg of fluorinated greenhouse gases listed in 1 January 2025 Annex I, that contain, or whose functioning relies upon, fluorinated greenhouse gases listed in Annex I with GWP of 750 or more; (b) Split systems of a rated capacity of up to and including 12 kW containing, or whose functioning relies upon, fluorinated greenhouse gases with GWP of 150 or more, except when required to meet safety standards; (c) Split systems of a rated capacity of more than 12 kW containing, or 1 January 2027 whose functioning relies upon, fluorinated greenhouse gases with GWP of 750 or more, except when required to meet safety standards PR\1265051EN.docx 299/334 PE737.211v01-00 EN Amendment (18) Stationary split air-conditioning and split heat pump equipment : (a) Single split air-conditioning systems containing less than 3 kg of fluorinated greenhouse gases listed in Annex I, that contain, or whose 1 January 2025 functioning relies upon, fluorinated greenhouse gases with GWP of 750 or more. (b) Other split type equipment containing or whose functioning relies upon fluorinated greenhouse gases with GWP of 750 or more; Deleted 1 January 2028 Amendment 643 Gnther Sidl, Maria Arena Proposal for a regulation Annex IV - point 19 a (new) Amendment Or. en (19a) Foams that contain fluorinated greenhouse gases, except when required to meet national safety standards. 1 January 2025 Or. en Justification Foams have a product lifetime of 50 years and the recovery of F-gases within is expensive. Alternatives relying on H20 and CO2 are already available for XPS and PU Spray foams. Amendment 644 Nikolaj Villumsen Proposal for a regulation Annex IV - point 19 a (new) Amendment (19a) Foams that contain fluorinated greenhouse gases or other halogenated substances, except when required to meet national safety standards 1 January 2025 Amendment 645 Gnther Sidl, Maria Arena Proposal for a regulation Annex IV - point 20 a (new) Or. en PE737.211v01-00 EN 300/334 PR\1265051EN.docx Amendment (20a) Technical aerosols that contain fluorinated greenhouse gases. 1 January 2030 Or. en Justification Technical aerosols can convert to alternatives to fluorinated greenhouse gases, according to the 2012 preparatory study. Amendment 646 Nikolaj Villumsen Proposal for a regulation Annex IV - point 20 a (new) Text proposed by the Commission Amendment (20a) Technical aerosols that contain fluorinated greenhouse gases or other halogenated substances. Amendment 647 Gnther Sidl, Maria Arena Proposal for a regulation Annex IV - point 23 Text proposed by the Commission 1 January 2030 Or. en (a) (23) Installation and replacement of the following electrical (b) switchgear: medium voltage switchgear for primary and secondary distribution up to 24 kV, with insulating or breaking medium using, or whose functioning relies upon, gases with GWP of 10 or more, or with GWP of 2000 or more, unless evidence is provided that no suitable alternative is available based on technical grounds within the lower GWP ranges referred to above; 1 January 2026 medium voltage switchgear for primary and secondary distribution from more than 24 kV and up to 52 kV, with insulating or breaking medium using, or whose functioning relies upon gases with GWP of 10 or more, or with GWP of more than 2000, unless evidence is provided that no suitable alternative is available based on technical grounds within the lower GWP ranges referred to above; 1 January 2030 PR\1265051EN.docx 301/334 PE737.211v01-00 EN (c) (d) (a) (b) (23) Installation and replacement of the following electrical (c) switchgear: (d) Amendment 648 Alexander Bernhuber Proposal for a regulation Annex IV - point 23 high voltage switchgear from 52 and up to 145 kV and up to 50 kA short circuit current with insulating or breaking medium using, or whose functioning relies upon gases with GWP of 10 or more, or with GWP of more than 2000, unless evidence is provided that no suitable alternative is available based on technical grounds within the lower GWP ranges referred to above; 1 January 2028 high voltage switchgear of more than 145 kV or more than 50 kA short circuit current with insulating or breaking medium using, or whose functioning relies upon gases with GWP of 10 or more, or with GWP of more than 2000 unless evidence is provided that no suitable alternative is available based on technical grounds within the lower GWP ranges referred to above. 1 January 2031 Amendment medium voltage switchgear for primary and secondary distribution up to and including 24 kV, with insulating or breaking medium using, or whose functioning relies upon, fluorinated greenhouse gases; 1 January 2025 medium voltage switchgear for primary and secondary distribution from more than 24 kV and up to and including 52 kV, with insulating or breaking medium using, or whose functioning relies upon flurionated greenhouse gases; 1 January 2026 high voltage switchgear from 52 and up to and including 145 kV and up to 50 kA short circuit current with insulating or breaking medium using, or whose functioning relies upon flurionated greenhouse gases; 1 January 2027 high voltage switchgear of more than 145 kV or more than 50 kA short circuit current with insulating or breaking medium using, or whose functioning relies upon flurionated greenhouse gases unless no suitable alternative is available based on technical grounds. 1 January 2028 Or. en PE737.211v01-00 EN 302/334 PR\1265051EN.docx Text proposed by the Commission (a) (b) (23) Installation und Austausch der folgenden elektrischen (c) Schaltanlagen: (d) Mittelspannungsschaltanlagen fr die Primr- und Sekundrverteilung mit einer Spannung von bis zu 24 kV mit Isolier- oder Schaltmedien, die Gase mit einem GWP von 10 oder mehr oder mit einem GWP von 2000 oder mehr nutzen oder zu ihrem Funktionieren bentigen, auer wenn nachgewiesen wird, dass in den niedrigeren vorstehend genannten GWP-Bereichen aus technischen Grnden keine geeignete Alternative zur Verfgung steht 1. Januar 2026 Mittelspannungsschaltanlagen fr die Primr- und Sekundrverteilung mit einer Spannung von ber 24 kV und bis zu 52 kV mit Isolier- oder Schaltmedien, die Gase mit einem GWP von 10 oder mehr oder mit einem GWP von 2000 oder mehr nutzen oder zu ihrem Funktionieren bentigen, auer wenn nachgewiesen wird, dass in den niedrigeren vorstehend genannten GWP-Bereichen aus technischen Grnden keine geeignete Alternative zur Verfgung steht 1. Januar 2030 Hochspannungsschaltanlagen mit einer Spannung ab 52 und bis zu 145 kV und einem Kurzschlussstrom von bis zu 50 kA mit Isolier- oder Schaltmedien, die Gase mit einem GWP von 10 oder mehr oder mit einem GWP von mehr als 2000 nutzen oder zu ihrem Funktionieren bentigen, auer wenn nachgewiesen wird, dass in den niedrigeren vorstehend genannten GWP-Bereichen aus technischen Grnden keine geeignete Alternative zur Verfgung steht 1. Januar 2028 Hochspannungsschaltanlagen mit einer Spannung von mehr als 145 kV oder einem Kurzschlussstrom von mehr als 50 kA mit Isolier- oder Schaltmedien, die Gase mit einem GWP von 10 oder mehr oder einem oder mit einem GWP von mehr als 2000 nutzen oder zu ihrem Funktionieren bentigen, auer wenn nachgewiesen wird, dass in den niedrigeren vorstehend genannten GWP-Bereichen aus technischen Grnden keine geeignete Alternative zur Verfgung steht 1. Januar 2031 Amendment (a) (23) Installation und Austausch der folgenden elektrischen Schaltanlagen: Mittelspannungsschaltanlagen fr die Primr- und Sekundrverteilung mit einer Spannung von bis zu 24 kV mit Isolier- oder Schaltmedien, die Gase mit einem GWP von 10 oder mehr oder mit einem GWP von 2000 oder mehr nutzen oder zu ihrem Funktionieren bentigen, auer wenn nachgewiesen 1. Januar 2026 PR\1265051EN.docx 303/334 PE737.211v01-00 EN Amendment 649 Danilo Oscar Lancini Proposal for a regulation Annex IV - point 23 (23) Installation and replacement of the PE737.211v01-00 EN wird, dass in den niedrigeren vorstehend genannten GWP-Bereichen aus technischen Grnden keine geeignete bzw. ressourceneffizientere Alternative zur Verfgung steht (b) Mittelspannungsschaltanlagen fr die Primr- und Sekundrverteilung mit einer Spannung von ber 24 kV und bis zu 52 kV mit Isolier- oder Schaltmedien, die Gase mit einem GWP von 10 oder mehr oder mit einem GWP von 2000 oder mehr nutzen oder zu ihrem Funktionieren bentigen, auer wenn nachgewiesen wird, dass in den 1. Januar 2030 niedrigeren vorstehend genannten GWP-Bereichen aus technischen Grnden keine geeignete bzw. ressourceneffizientere Alternative zur Verfgung steht (c) Hochspannungsschaltanlagen mit einer Spannung ab 52 und bis zu 145 kV und einem Kurzschlussstrom von bis zu 50 kA mit Isolier- oder Schaltmedien, die Gase mit einem GWP von 10 oder mehr oder mit einem GWP von mehr als 2000 nutzen oder zu ihrem Funktionieren bentigen, auer wenn nachgewiesen wird, dass in den 1. Januar 2028 niedrigeren vorstehend genannten GWP-Bereichen aus technischen Grnden keine geeignete bzw. ressourceneffizientere Alternative zur Verfgung steht (d) Hochspannungsschaltanlagen mit einer Spannung von mehr als 145 kV oder einem Kurzschlussstrom von mehr als 50 kA mit Isolier- oder Schaltmedien, die Gase mit einem GWP von 10 oder mehr oder einem oder mit einem GWP von mehr als 2000 nutzen oder zu ihrem Funktionieren bentigen, auer wenn nachgewiesen wird, dass in den 1. Januar 2031 niedrigeren vorstehend genannten GWP-Bereichen aus technischen Grnden keine geeignete bzw. ressourceneffizientere Alternative zur Verfgung steht Or. de Text proposed by the Commission (a) medium voltage switchgear for primary and 1 January secondary distribution up to 24 kV, with insulating 2026 or breaking medium using, or whose functioning 304/334 PR\1265051EN.docx following electrical switchgear: (b) (c) (d) (a) (23) Installation and replacement of the following electrical (b) switchgear: relies upon, gases with GWP of 10 or more, or with GWP of 2000 or more, unless evidence is provided that no suitable alternative is available based on technical grounds within the lower GWP ranges referred to above; medium voltage switchgear for primary and secondary distribution from more than 24 kV and up to 52 kV, with insulating or breaking medium using, or whose functioning relies upon gases with GWP of 10 or more, or with GWP of more than 2000, unless evidence is provided that no suitable alternative is available based on technical grounds within the lower GWP ranges referred to above; 1 January 2030 high voltage switchgear from 52 and up to 145 kV and up to 50 kA short circuit current with insulating or breaking medium using, or whose functioning relies upon gases with GWP of 10 or more, or with GWP of more than 2000, unless evidence is provided that no suitable alternative is available based on technical grounds within the lower GWP ranges referred to above; 1 January 2028 high voltage switchgear of more than 145 kV or more than 50 kA short circuit current with insulating or breaking medium using, or whose functioning relies upon gases with GWP of 10 or more, or with GWP of more than 2000 unless evidence is provided that no suitable alternative is available based on technical grounds within the lower GWP ranges referred to above. 1 January 2031 Amendment medium voltage switchgear for primary and secondary distribution up to 24 kV, with insulating or breaking medium using, or whose functioning relies upon, gases with GWP of 10 or more, or with GWP of 2000 or more, unless evidence is provided that no suitable alternative is available based on technical grounds within the lower GWP ranges referred to above; medium voltage switchgear for primary and secondary distribution from more than 24 kV and up to 52 kV, with insulating or breaking medium using, or whose functioning relies upon gases with GWP of 10 or more, or with GWP of more than 2000, unless evidence is provided that no suitable alternative is available based on technical grounds within the lower GWP ranges referred to above; 1 January 2026 1 January 2030 PR\1265051EN.docx 305/334 PE737.211v01-00 EN (c) high voltage switchgear from 52 and up to 145 kV and up to 50 kA short circuit current with insulating or breaking medium using, or whose functioning 1 January relies upon gas mixtures with GWP of more than 2028 2000, unless evidence is provided that no suitable alternative is available based on technical grounds; (d) high voltage switchgear of more than 145 kV or more than 50 kA short circuit current with insulating or breaking medium using, or whose functioning 1 January relies upon gas mixtures with GWP of more than 2031 2000 unless evidence is provided that no suitable alternative is available based on technical grounds. Or. en Amendment 650 Ondej Knotek, Billy Kelleher, Frdrique Ries, Emma Wiesner Proposal for a regulation Annex IV - point 23 Text proposed by the Commission (a) (b) (23) Installation and replacement of the following electrical switchgear: (c) (d) medium voltage switchgear for primary and secondary distribution up to 24 kV, with insulating or breaking medium using, or whose functioning relies upon, gases with GWP of 10 or more, or with GWP of 2000 or more than 2000, unless evidence is provided that no suitable alternative is available based on technical grounds within the lower GWP ranges referred to above; medium voltage switchgear for primary and secondary distribution from more than 24 kV and up to 52 kV, with insulating or breaking medium using, or whose functioning relies upon gases with GWP of 10 or more, or with GWP of more than 2000, unless evidence is provided that no suitable alternative is available based on technical grounds within the lower GWP ranges referred to above; high voltage switchgear from 52 and up to 145 kV and up to 50 kA short circuit current with insulating or breaking medium using, or whose functioning relies upon gases with GWP of 10 or more, or with GWP of more than 2000, unless evidence is provided that no suitable alternative is available based on technical grounds within the lower GWP ranges referred to above; high voltage switchgear of more than 145 kV or more than 50 kA short circuit current with insulating or breaking medium using, or whose functioning relies upon gases with GWP of 10 or more, or with GWP of more than 2000 unless evidence is provided that no suitable alternative is available based on 1 January 2026 1 January 2030 1 January 2028 1 January 2031 PE737.211v01-00 EN 306/334 PR\1265051EN.docx technical grounds within the lower GWP ranges referred to above. Amendment (a) (b) (23) Installation and replacement of the following electrical switchgear: (c) (d) medium voltage switchgear for primary and secondary distribution up to 24 kV, with insulating or breaking medium using, or whose functioning relies upon, gases with GWP of more than 1000 or more, unless evidence is provided that no suitable alternative is available based on technical grounds within the lower GWP ranges referred to above; medium voltage switchgear for primary and secondary distribution from more than 24 kV and up to 52 kV, with insulating or breaking medium using, or whose functioning relies upon gases with GWP of more than 1000, unless evidence is provided that no suitable alternative is available based on technical grounds within the lower GWP ranges referred to above; high voltage switchgear from 52 and up to 145 kV and up to 50 kA short circuit current with insulating or breaking medium using, or whose functioning relies upon gases with GWP of more than 1000, unless evidence is provided that no suitable alternative is available based on technical grounds within the lower GWP ranges referred to above; high voltage switchgear of more than 145 kV or more than 50 kA short circuit current with insulating or breaking medium using, or whose functioning relies upon gases with GWP of more than 1000, unless evidence is provided that no suitable alternative is available based on technical grounds within the lower GWP ranges referred to above. 1 January 2026 1 January 2030 1 January 2028 1 January 2031 Or. en Justification A threshold of 10 GWP would exclude technologies that play a critical role in the work to reduce greenhouse gases. Amendment 651 Nikolaj Villumsen Proposal for a regulation Annex IV - point 23 Text proposed by the Commission (23) Installation and (a) replacement of the medium voltage switchgear for primary and secondary distribution up to 24 kV, with insulating or breaking medium using, or whose functioning 1 January 2026 PR\1265051EN.docx 307/334 PE737.211v01-00 EN following electrical switchgear: (b) (c) (d) (a) (b) (23) Installation and replacement of the following electrical switchgear: (c) (d) PE737.211v01-00 EN relies upon, gases with GWP of 10 or more, or with GWP of 2000 or more, unless evidence is provided that no suitable alternative is available based on technical grounds within the lower GWP ranges referred to above; medium voltage switchgear for primary and secondary distribution from more than 24 kV and up to 52 kV, with insulating or breaking medium using, or whose functioning relies upon gases with GWP of 10 or more, or with GWP of more than 2000, unless evidence is provided that no suitable alternative is available based on technical grounds within the lower GWP ranges referred to above; 1 January 2030 high voltage switchgear from 52 and up to 145 kV and up to 50 kA short circuit current with insulating or breaking medium using, or whose functioning relies upon gases with GWP of 10 or more, or with GWP of more than 2000, unless evidence is provided that no suitable alternative is available based on technical grounds within the lower GWP ranges referred to above; 1 January 2028 high voltage switchgear of more than 145 kV or more than 50 kA short circuit current with insulating or breaking medium using, or whose functioning relies upon gases with GWP of 10 or more, or with GWP of more than 2000 unless evidence is provided that no suitable alternative is available based on technical grounds within the lower GWP ranges referred to above. 1 January 2031 Amendment medium voltage switchgear for primary and secondary distribution up to and including 24 kV, with insulating or breaking medium using, or whose functioning relies upon, fluorinated greenhouse gases; 1 January 2025 medium voltage switchgear for primary and secondary distribution from more than 24 kV and up to and including 52 kV, with insulating or breaking medium using, or whose functioning relies upon flurionated greenhouse gases; 1 January 2026 high voltage switchgear from 52 and up to and including 145 kV and up to 50 kA short circuit current with insulating or breaking medium using, or whose functioning relies upon flurionated greenhouse gases; 1 January 2027 high voltage switchgear of more than 145 kV or more than 50 kA short circuit current with insulating or breaking medium using, or whose functioning relies upon 1 January 2028 308/334 PR\1265051EN.docx flurionated greenhouse gases unless no suitable alternative is available based on technical grounds. Amendment 652 Alexandr Vondra Proposal for a regulation Annex IV - point 23 (a) (b) (23) Installation and replacement of the following electrical switchgear: (c) (d) Text proposed by the Commission medium voltage switchgear for primary and secondary distribution up to 24 kV, with insulating or breaking medium using, or whose functioning relies upon, gases with GWP of 10 or more, or with GWP of 2000 or more, unless evidence is provided that no suitable alternative is available based on technical grounds within the lower GWP ranges referred to above; medium voltage switchgear for primary and secondary distribution from more than 24 kV and up to 52 kV, with insulating or breaking medium using, or whose functioning relies upon gases with GWP of 10 or more, or with GWP of more than 2000, unless evidence is provided that no suitable alternative is available based on technical grounds within the lower GWP ranges referred to above; high voltage switchgear from 52 and up to 145 kV and up to 50 kA short circuit current with insulating or breaking medium using, or whose functioning relies upon gases with GWP of 10 or more, or with GWP of more than 2000, unless evidence is provided that no suitable alternative is available based on technical grounds within the lower GWP ranges referred to above; high voltage switchgear of more than 145 kV or more than 50 kA short circuit current with insulating or breaking medium using, or whose functioning relies upon gases with GWP of 10 or more, or with GWP of more than 2000 unless evidence is provided that no suitable alternative is available based on technical grounds within the lower GWP ranges referred to above. Or. en 1 January 2026 1 January 2030 1 January 2028 1 January 2031 Amendment PR\1265051EN.docx 309/334 PE737.211v01-00 EN (a) medium voltage switchgear for primary and secondary distribution up to 24 kV, with insulating or breaking medium using, or whose functioning relies upon, gas mixtures with GWP of 2000 or more, unless evidence is 1 January 2030 provided that no suitable alternative is available based on technical grounds; (b) (23) Electrical switchgear in new installations: (c) secondary distribution from more than 24 kV and up to 52 kV, with insulating or breaking medium using, or whose functioning relies upon gas mixtures with GWP of more than 2000, unless evidence is provided that no suitable alternative is available based on technical grounds; high voltage switchgear from 52 and up to 145 kV and up to 50 kA short circuit current with insulating or breaking medium using, or whose functioning relies upon gas mixtures with GWP of more than 2000, unless evidence is provided that no suitable alternative is available based on technical grounds; 1 January 2031 1 January 2029 (d) high voltage switchgear of more than 145 kV or more than 50 kA short circuit current with insulating or breaking medium using, or whose functioning relies 1 January upon gas mixtures of more than 2000 unless evidence is provided that no suitable alternative is available 2032 based on technical grounds. Amendment 653 Peter Liese, Hildegard Bentele Proposal for a regulation Annex IV - point 23 Text proposed by the Commission Or. en (a) (23) Installation and replacement of the following electrical switchgear: (b) PE737.211v01-00 EN medium voltage switchgear for primary and secondary distribution up to 24 kV, with insulating or breaking medium using, or whose functioning relies upon, gases with GWP of 10 or more, or with GWP of 2000 or more, unless evidence is provided that no suitable alternative is available based on technical grounds within the lower GWP ranges referred to above; 1 January 2026 medium voltage switchgear for primary and secondary distribution from more than 24 kV and up to 52 kV, with insulating or breaking medium using, or whose functioning relies upon gases with GWP of 10 or more, or with GWP of more than 2000, unless evidence is provided that no suitable alternative is 1 January 2030 310/334 PR\1265051EN.docx (c) (d) (a) (b) (23) Installation and replacement of the following electrical switchgear: (c) (d) PR\1265051EN.docx available based on technical grounds within the lower GWP ranges referred to above; high voltage switchgear from 52 and up to 145 kV and up to 50 kA short circuit current with insulating or breaking medium using, or whose functioning relies upon gases with GWP of 10 or more, or with GWP of more than 2000, unless evidence is provided that no suitable alternative is available based on technical grounds within the lower GWP ranges referred to above; 1 January 2028 high voltage switchgear of more than 145 kV or more than 50 kA short circuit current with insulating or breaking medium using, or whose functioning relies upon gases with GWP of 10 or more, or with GWP of more than 2000 unless evidence is provided that no suitable alternative is available based on technical grounds within the lower GWP ranges referred to above. 1 January 2031 Amendment medium voltage switchgear for primary and secondary distribution up to and including 24 kV, with insulating or breaking medium using, or whose functioning relies upon, fluorinated gases, unless evidence is provided that no suitable alternative is available based on technical grounds, in which case gases with GWP of up to 2000 can be used; 1 January 2026 medium voltage switchgear for primary and secondary distribution from more than 24 kV and up to 52 kV, with insulating or breaking medium using, or whose functioning relies upon fluorinated gases, unless evidence is provided that no suitable alternative is available based on technical grounds, in which case gases with GWP of up to 2000 can be used; 1 January 2030 high voltage switchgear from 52 and up to 145 kV and up to 50 kA short circuit current with insulating or breaking medium using, or whose functioning relies upon fluorinated gases, unless evidence is provided that no suitable alternative is available based on technical grounds, in which case gases with GWP of up to 2000 can be used; 1 January 2028 high voltage switchgear of more than 145 kV or more than 50 kA short circuit current with insulating or breaking medium using, or whose functioning relies upon fluorinated gases, unless evidence is provided that no suitable alternative is available 1 January 2031 311/334 PE737.211v01-00 EN based on technical grounds, in which case gases with GWP of up to 2000 can be used. Or. en Amendment 654 Stelios Kympouropoulos, Bartosz Arlukowicz, Fulvio Martusciello, Dolors Montserrat, Dan-tefan Motreanu, Sara Skyttedal, Pernille Weiss Proposal for a regulation Annex IV - point 23 Text proposed by the Commission (a) (b) (23) Installation and replacement of the following electrical switchgear: (c) (d) medium voltage switchgear for primary and secondary distribution up to 24 kV, with insulating or breaking medium using, or whose functioning relies upon, gases with GWP of 10 or more, or with GWP of 2000 or more, unless evidence is provided that no suitable alternative is available based on technical grounds within the lower GWP ranges referred to above; 1 January 2026 medium voltage switchgear for primary and secondary distribution from more than 24 kV and up to 52 kV, with insulating or breaking medium using, or whose functioning relies upon gases with GWP of 10 or more, or with GWP of more than 2000, unless evidence is provided that no suitable alternative is available based on technical grounds within the lower GWP ranges referred to above; 1 January 2030 high voltage switchgear from 52 and up to 145 kV and up to 50 kA short circuit current with insulating or breaking medium using, or whose functioning relies upon gases with GWP of 10 or more, or with GWP of more than 2000, unless evidence is provided that no suitable alternative is available based on technical grounds within the lower GWP ranges referred to above; 1 January 2028 high voltage switchgear of more than 145 kV or more than 50 kA short circuit current with insulating or breaking medium using, or whose functioning relies upon gases with GWP of 10 or more, or with GWP of more than 2000 unless evidence is provided that no suitable alternative is available based on technical grounds within the lower GWP ranges referred to above. 1 January 2031 PE737.211v01-00 EN Amendment 312/334 PR\1265051EN.docx (a) (b) (23) Installation and replacement of the following electrical (c) switchgear: (d) medium voltage switchgear for primary and secondary distribution up to 24 kV, with insulating or breaking medium using, or whose functioning relies upon, fluorinated gases, unless evidence is provided that no suitable alternative is available based on technical grounds, in which case gases with GWP of up to 2000 can be used; 1 January 2026 medium voltage switchgear for primary and secondary distribution from more than 24 kV and up to 52 kV, with insulating or breaking medium using, or whose functioning relies upon fluorinated gases, unless evidence is provided that no suitable alternative is available based on technical grounds, in which case gases with GWP of up to 2000 can be used; 1 January 2030 high voltage switchgear from 52 and up to 145 kV and up to 50 kA short circuit current with insulating or breaking medium using, or whose functioning relies upon gases or gas mixtures with GWP of more than 1000, unless evidence is provided that no suitable alternative is available based on technical grounds, in which case gases with GWP of up to 2000 can be used; 1 January 2028 high voltage switchgear of more than 145 kV or more than 50 kA short circuit current with insulating or breaking medium using, or whose functioning relies upon gases or gas mixtures with GWP of more than 1000, unless evidence is provided that no suitable alternative is available based on technical grounds, in which case gases with GWP of up to 2000 can be used. 1 January 2031 Or. en Justification The framework should encourage F-gas free switchgear where alternatives are fully commercially available for medium voltage. This will encourage and allow European operators to use natural origin gases. This is crucial to avoid new dependencies especially in light of the current energy crisis. The Commission proposal does not consider the overall environmental footprint and lifecycle of the entire switchgear and substation. The GWP 10 threshold prevents the use of eco-efficient (lowest carbon footprint), reliable high voltage switchgear manufactured in Europe. The GWP 1000 threshold ensures the most ecoefficient solutions that reduce the impact on climate change and satisfy the increasing demand for grid equipment in line with the electrification of the EU economy, the rapid deployment of renewables. Amendment 655 Christian Doleschal Proposal for a regulation Annex IV - point 23 - point a PR\1265051EN.docx 313/334 PE737.211v01-00 EN Text proposed by the Commission (a) medium voltage switchgear for primary and secondary distribution up to 24 kV, with insulating or breaking medium using, or whose functioning relies upon, gases with GWP of 10 or more, or with GWP of 2000 or more, unless evidence is provided that no suitable alternative is available based on technical grounds within the lower GWP 1 January 2026 ranges referred to above; Amendment (a) medium voltage switchgear for primary and secondary distribution up to 24 kV, with insulating or breaking medium using, or whose functioning relies upon, gases with GWP of 10 or more, or with GWP of 2000 or more, unless evidence is provided that 1 January no suitable alternative is available based on technical grounds or due to 2026 unreasonable delivery times leading to a delay of the grid expansion project within the lower GWP ranges referred to above; Gnther Sidl, Maria Arena Or. enAmendment 656 Proposal for a regulation Annex IV - point 23 a (new) Text proposed by the Commission Amendment (23a) Transport refrigeration in vans, trucks and trailers, ships and reefer containers that 1 January contains, or whose functioning relies upon, fluorinated greenhouse gases. 2027 Or. en Justification Transport refrigeration units have high leakage rates and poor end of life refrigerant recovery making this an important subsector for urgent action to address fluorinated gas emissions. Alternatives exist already on the market but uptake has been slow. An Annex IV prohibition is appropriate to motivate the market to shift. Amendment 657 Gnther Sidl, Maria Arena Proposal for a regulation Annex IV - point 23 b (new) Text proposed by the Commission Amendment PE737.211v01-00 EN 314/334 PR\1265051EN.docx (23b) Mobile air conditioning in passenger and cargo ships, buses, trams, metros and trains that contains, or whose functioning relies upon, fluorinated greenhouse gases. 1 January 2027 Or. en Justification In this subsector, natural alternatives are avaiable to transition away from HFCs and HFOs, the latter are increasingly used. Leakage rates are typically high, making it an important sector to take action. Amendment 658 Gnther Sidl, Maria Arena Proposal for a regulation Annex IV - point 23 c (new) Text proposed by the Commission Amendment (23c) Mini chillers that contain, or whose functioning relies upon, fluorinated greenhouse 1 January gases. 2027 Or. en Justification Mini-chillers require very little refrigerant charge and can rely on propane. A clear market signal is necessary to avoid large scale use of of mid-GWP HFCs, HFOs and HFC blends. (See Oko-Insitut et al (2022). Amendment 659 Gnther Sidl, Maria Arena Proposal for a regulation Annex IV - point 23 d (new) Text proposed by the Commission Amendment (23d) Displacement and centrifugal chillers that contain, or whose functioning relies upon, fluorinated greenhouse gases. 1 January 2027 Or. en Justification Displacement and centrifugal chillers currently have multiple natural refrigerant alternatives. The use of F-gases in these sectors unnecessarily consumes HFC quotas and contributes to illegal HFC trade. (See Oko-Insitut et al PR\1265051EN.docx 315/334 PE737.211v01-00 EN (2022). Amendment 660 Stelios Kympouropoulos, Bartosz Arlukowicz, Fulvio Martusciello, Dolors Montserrat, Dan-tefan Motreanu, Sara Skyttedal, Pernille Weiss Proposal for a regulation Annex IV - point 2 a (new) Text proposed by the Commission Amendment (2a) Until 1 January 2045 for high voltage switchgears and until 1 January 2038 for medium voltage, the prohibitions on placing on the market set out in point 23 shall not apply to the spare parts necessary for the maintenance and repair of equipment already installed and to the extensions of the already installed gas-insulated switchgear. Amendment 661 Nikolaj Villumsen Proposal for a regulation Annex V - paragraph 1 - point a Text proposed by the Commission (a) for the period 1 January 2024 to 31 December 2028, 60 % of the annual average of its production in 2011-2013; Or. en Amendment (a) for the period 1 January 2024 to 31 December 2026, 23,2% of the annual average of its production in 2011-2013; Or. en Amendment 662 Nikolaj Villumsen Proposal for a regulation Annex V - paragraph 1 - point b Text proposed by the Commission (b) from the period 1 January 2029 to 31 December 2033, 30% of the annual average of its production in 2011-2013; Amendment (b) from the period 1 January 2027 to 31 December 2029, 9% of the annual average of its production in 2011-2013; Or. en Amendment 663 PE737.211v01-00 EN 316/334 PR\1265051EN.docx Nikolaj Villumsen Proposal for a regulation Annex V - paragraph 1 - point c Text proposed by the Commission (c) for the period 1 January 2034 to 31 December 2035, 20% of the annual average of its production in 2011-2013; Amendment 664 Nikolaj Villumsen Proposal for a regulation Annex V - paragraph 1 - point d Text proposed by the Commission (d) for the period 1 January 2036 and thereafter, 15% % of the annual average of its production in 2011-2013. Amendment 665 Nikolaj Villumsen Proposal for a regulation Annex V - paragraph 1 - point d a (new) Text proposed by the Commission Amendment 666 Nikolaj Villumsen Proposal for a regulation Annex V - paragraph 1 - point d b (new) Amendment (c) for the period 1 January 2030 to 31 December 2032, 3,9% of the annual average of its production in 2011-2013; Or. en Amendment (d) for the period 1 January 2033 to 31 December 2035, 3,3% of the annual average of its production in 2011-2013; Or. en Amendment (da) for the period 1 January 2036 to 31 December 2038, 3,1% of the annual average of its production in 2011-2013; Or. en PR\1265051EN.docx 317/334 PE737.211v01-00 EN Text proposed by the Commission Amendment (db) for the period 1 January 2039 to 31 December 2039, 2,8% of the annual average of its production in 2011-2013; Or. en Amendment 667 Nikolaj Villumsen Proposal for a regulation Annex V - paragraph 1 - point d c (new) Text proposed by the Commission Amendment (dc) for the period 1 January 2040 and thereafter 0% of the annual average of its production in 2011-2013; Or. en Amendment 668 Stelios Kympouropoulos, Bartosz Arlukowicz, Fulvio Martusciello, Dolors Montserrat, Dan-tefan Motreanu, Sara Skyttedal, Pernille Weiss Proposal for a regulation Annex VI - title Text proposed by the Commission Amendment Method of calculating the total GWP of a mixture referred to in Article 3(1) Method of calculating the total GWP of a mixture referred to in Article 3(2) Or. en Justification Mistake in the paragraph referenced. Amendment 669 Stelios Kympouropoulos, Bartosz Arlukowicz, Fulvio Martusciello, Dolors Montserrat, Dan-tefan Motreanu, Sara Skyttedal, Pernille Weiss Proposal for a regulation Annex VI - paragraph 6 - note PE737.211v01-00 EN 318/334 PR\1265051EN.docx Text proposed by the Commission Amendment Note: For `other foams', which related to polyurethane foam and others, referred to under row 19 of Annex IV, the `mixture' must be understood as the mixture of blowing agents excluding substances listed under Annex I. Or. en Justification As from 2023, only substances with low GWP shall be used in insulation foams. This amendment will prevent blends containing in part high GWP substances, i.e. listed under annex I, to be used in the sector. Amendment 670 Nikolaj Villumsen Proposal for a regulation Annex VII - title Text proposed by the Commission Amendment MAXIMUM QUANTITIES AND CALCULATION OF REFERENCE VALUES AND QUOTAS FOR PLACING HYDROFLUOROCARBONS ON THE MARKET REFERRED TO IN ARTICLE 17 MAXIMUM QUANTITIES, CALCULATION OF REFERENCE VALUES AND QUOTAS FOR PLACING HYDROFLUOROCARBONS ON THE MARKET, AND QUOTA PRICES REFERRED TO IN ARTICLE 17 Or. en Amendment 671 Danilo Oscar Lancini Proposal for a regulation Annex VII - point 1 Text proposed by the Commission Years 2024 - 2026 2027 - 2029 2030 - 2032 Maximum Quantity in tonnes CO2 equivalent 41 701 077 17 688 360 9 132 097 PR\1265051EN.docx 319/334 PE737.211v01-00 EN 2033 - 2035 2036 - 2038 2039 - 2041 2042 - 2044 2045 - 2047 2048 onwards Years 2024 - 2026 2027 - 2029 2030 - 2032 2033 - 2035 2036 - 2038 2039 - 2041 2042 - 2044 2045 - 2047 2048 onwards 8 445 713 6 782 265 6 136 732 5 491 199 4 845 666 4 200 133 Amendment Maximum Quantity in tonnes CO2 equivalent 49 035 263 36 666 229 31 365 215 28 717 529 20 538 147 20 538 147 20 538 147 20 538 147 20 538 147 Amendment 672 Peter Liese, Hildegard Bentele Proposal for a regulation Annex VII - point 1 Text proposed by the Commission Years Maximum Quantity PE737.211v01-00 EN 320/334 Or. en PR\1265051EN.docx in tonnes CO2 equivalent 2024 - 2026 2027 - 2029 2030 - 2032 2033 - 2035 2036 - 2038 2039 - 2041 2042 - 2044 2045 - 2047 2048 onwards 41 701 077 17 688 360 9 132 097 8 445 713 6 782 265 6 136 732 5 491 199 4 845 666 4 200 133 Amendment Years Maximum Quantity in tonnes CO2 equivalent 2024 - 2026 2027 - 2029 2030 - 2032 2033 - 2035 2036 - 2038 2039 - 2041 2042 - 2044 2045 - 2047 2048 - 2050 2050 onwards 41 701 077 29 694 719 17 688 360 9 132 097 8 445 713 6 782 265 5 491 199 4 845 666 3 621 953 0 PR\1265051EN.docx 321/334 PE737.211v01-00 EN Amendment 673 Gnther Sidl, Maria Arena Proposal for a regulation Annex VII - point 1 Text proposed by the Commission Years Maximum Quantity in tonnes CO2 equivalent 2024 - 2026 41 701 077 2027 - 2029 17 688 360 2030 - 2032 9 132 097 2033 - 2035 8 445 713 2036 - 2038 6 782 265 2039 - 2041 6 136 732 2042 - 2044 5 491 199 2045 - 2047 4 845 666 2048 - onwards 4 200 133 Amendment PE737.211v01-00 EN 322/334 Or. en PR\1265051EN.docx Years Maximum Quantity in tonnes CO2 equivalent 2024 - 2026 41 039 167 2027 - 2029 15 963 275 2030 - 2032 6 916 849 2033 - 2035 5 794 785 2036 - 2038 5 467 823 2039 - 2041 5 006 355 2042 - 2044 4 544 888 2045 - 2047 4 083 420 2048 - 2049 3 621 953 2050 - onwards 0 Or. en Justification According to the Commission Impact Assessment option 3, these steps are feasible with techniques currently available. Amendment 674 Gnther Sidl, Maria Arena PR\1265051EN.docx 323/334 PE737.211v01-00 EN Proposal for a regulation Annex VII - point 1 Text proposed by the Commission Years Maximum Quantity in tonnes CO2 equivalent 2024 - 2026 41 701 077 2027 - 2029 17 688 360 2030 - 2032 9 132 097 2033 - 2035 8 445 713 2036 - 2038 6 782 265 2039 - 2041 6 136 732 2042 - 2044 5 491 199 2045 - 2047 4 845 666 2048 - onwards 4 200 133 Amendment PE737.211v01-00 EN 324/334 PR\1265051EN.docx Years Maximum Quantity in tonnes CO2 equivalent Price of quotas for each tonne of CO2 equivalent (EUR) 2024 - 2026 41 701 077 9 2027 - 2029 17 688 360 18 2030 - 2032 9 132 097 35 2033 - 2035 8 445 713 48 2036 - 2038 6 782 265 62 2039 - 2041 6 136 732 68 2042 - 2044 5 491 199 75 2045 - 2047 4 845 666 85 2048 - onwards 4 200 133 96 Or. en Justification The price of quotas is increasing in line with the decrease of quotas available in order to create a stable revenue stream. Amendment 675 Stelios Kympouropoulos, Bartosz Arlukowicz, Fulvio Martusciello, Dolors Montserrat, Dan-tefan Motreanu, Sara Skyttedal, Pernille Weiss Proposal for a regulation Annex VII - point 1 PR\1265051EN.docx 325/334 PE737.211v01-00 EN Text proposed by the Commission Years 2024 - 2026 2027 - 2029 2030 - 2032 2033 - 2035 2036 - 2038 2039 - 2041 2042 - 2044 2045 - 2047 2048 onwards Maximum Quantity in tonnes CO2 equivalent 41 701 077 17 688 360 9 132 097 8 445 713 6 782 265 6 136 732 5 491 199 4 845 666 4 200 133 Amendment Years 2024 - 2026 2027 - 2029 2030 - 2032 2033 - 2035 2036 - 2038 2039 - 2041 2042 - 2044 2045 - 2047 2048 onwards Maximum Quantity in tonnes CO2 equivalent 41 701 077 29 694 719 17 688 360 9 132 097 8 445 713 6 782 265 5 491 199 4 845 666 3 621 953 Amendment 676 PE737.211v01-00 EN 326/334 Or. en PR\1265051EN.docx Alexandr Vondra Proposal for a regulation Annex VII - point 1 Text proposed by the Commission Years 2024 - 2026 2027 - 2029 2030 - 2032 2033 - 2035 2036 - 2038 2039 - 2041 2042 - 2044 2045 - 2047 2048 onwards Maximum Quantity in tonnes CO2 equivalent 41 701 077 17 688 360 9 132 097 8 445 713 6 782 265 6 136 732 5 491 199 4 845 666 4 200 133 Amendment Years 2024 - 2026 2027 - 2029 2030 - 2032 2033 - 2035 2036 - 2038 2039 - 2041 2042 - 2044 2045 - 2047 Maximum Quantity in tonnes CO2 equivalent 65 000 000 53 000 000 48 000 000 40 000 000 To be defined after a new revision of the Regulation To be defined after a new revision of the Regulation To be defined after a new revision of the Regulation To be defined after a new revision of the Regulation PR\1265051EN.docx 327/334 PE737.211v01-00 EN 2048 onwards To be defined after a new revision of the Regulation Amendment 677 Alexander Bernhuber, Angelika Winzig Proposal for a regulation Annex VII - point 1 Text proposed by the Commission Years 2024 - 2026 2027 - 2029 2030 - 2032 2033 - 2035 2036 - 2038 2039 - 2041 2042 - 2044 2045 - 2047 2048 onwards Maximum Quantity in tonnes CO2 equivalent 41 701 077 17 688 360 9 132 097 8 445 713 6 782 265 6 136 732 5 491 199 4 845 666 4 200 133 Amendment Years 2024 - 2026 2027 - 2029 2030 - 2032 2033 - 2035 2036 - 2038 Maximum Quantity in tonnes CO2 equivalent 41 701 077 17 688 360 35 376 720 17 688 360 9 132 097 PE737.211v01-00 EN 328/334 Or. en PR\1265051EN.docx 2039 - 2040 2041 - 2042 2043 - 2044 2045 - 2047 2048 onwards 6 782 265 6 136 732 5 491 199 4 845 666 4 200 133 Or. en Justification The impact assessment assumes that all heat pumps can use propane as some models are already on the market. However, there is great diversity in terms of the technical structure of heat pumps, and the use of propane is not yet possible according to the current state of the art for affordable heat pump types and types that do not require large open spaces for installation. In view of our climate targets, the need for decarbonisation, the current energy crisis and the necessary renovation rate, all types of heat pumps will be required, especially in the near future, in order to be able to provide sufficient heat for the building sector. Amendment 678 Ondej Knotek, Billy Kelleher, Frdrique Ries, Emma Wiesner Proposal for a regulation Annex VII - point 1 Text proposed by the Commission Years 2024 - 2026 2027 - 2029 2030 - 2032 2033 - 2035 2036 - 2038 2039 - 2041 2042 - 2044 2045 - 2047 2048 onwards Maximum Quantity in tonnes CO2 equivalent 41 701 077 17 688 360 9 132 097 8 445 713 6 782 265 6 136 732 5 491 199 4 845 666 4 200 133 PR\1265051EN.docx 329/334 PE737.211v01-00 EN Amendment Years Maximum Quantity in tonnes CO2 equivalent 2024 - 2026 2027 - 2029 2030 - 2032 2033 - 2035 2036 - 2038 2039 - 2041 2042 - 2044 2045 - 2047 2048-2049 2050 45 701 077 30 850 539 17 688 360 9 132 097 6 782 265 4 638 941 3 247 259 1 623 629 811 814 0 Or. en Justification It is of great importance that the Commission's proposal is aligned with the EU's target for 2030 regarding climate ambition and in particular with the objective of RePower EU. In a short term, there will be a strong increase for F-gases due to higher demand on heat pumps. Therefore the phasing out should have a slower start then what is proposed by the European Commission. However, given the strong impact of F-gases on the climate, it is necessary to have a stronger phase-out in the end of the timetable to send a strong signal to the market and incentivise them to invest in products with lower or no-F-gases. Amendment 679 Nikolaj Villumsen Proposal for a regulation Annex VII - point 1 Text proposed by the Commission Years Maximum Quantity in tonnes CO2 equivalent PE737.211v01-00 EN 330/334 PR\1265051EN.docx 2024 - 2026 41 701 077 2027 - 2029 17 688 360 2030 - 2032 9 132 097 2033 - 2035 8 445 713 2036 - 2038 6 782 265 2039 - 2041 6 136 732 2042 - 2044 5 491 199 2045 - 2047 4 845 666 2048 onwards 4 200 133 Amendment Years Maximum Quantity in tonnes CO2 equivalent 2024 - 2026 41 039 167 2027 - 2029 15 963 275 PR\1265051EN.docx 331/334 PE737.211v01-00 EN 2030 - 2032 6 916 849 2033 - 2035 5 794 785 2036 - 2038 5 467 823 2039 - 2040 5 006 355 2041 - 2044 0 2045 - 2047 0 2048 - 2049 0 2049 - 0 onwards Amendment 680 Nikolaj Villumsen Proposal for a regulation Annex VII Text proposed by the Commission Years Maximum Quantity in tonnes CO2 equivalent 2024 - 2026 41 701 077 PE737.211v01-00 EN 332/334 Or. en PR\1265051EN.docx 2027 - 2029 17 688 360 2030 - 2032 9 132 097 2033 - 2035 8 445 713 2036 - 2038 6 782 265 2039 - 2041 6 136 732 2042 - 2044 5 491 199 2045 - 2047 4 845 666 2048 onwards 4 200 133 Amendment Years Maximum Quantity Price of quotas for each in tonnes CO2 equivalent tonne of CO2 equivalent (EUR) 2024 - 2026 41 701 077 20 2027 - 2029 17 688 360 51 2030 - 2032 9 132 097 118 PR\1265051EN.docx 333/334 PE737.211v01-00 EN 2033 - 2035 8 445 713 141 2036 - 2038 6 782 265 150 2039 - 6 136 732 164 onwards Or. en PE737.211v01-00 EN 334/334 PR\1265051EN.docx