Document NG2Q28KanwyrzzRpvLRnaEnry
15 February 2023
EPEE Assessment of the Czech and Swedish compromise proposals
The European Commission's FGas Regulation Revision proposal was published on 5 April 2022. EPEE, representing the Refrigeration, Air Conditioning and Heat Pump (RACHP) Industry in Europe, has already actively commented on this proposal and presented feedback to the European Commission. EPEE also made a number of concrete amendment proposals to the Commission proposal.
This document aims to compare the Swedish and Czech compromises with the EPEE amendment proposals.
EPEE's views on the CZ & SE proposals are highlighted in the column on the right of the proposal.
Green
EPEE supports the proposal
Yellow
EPEE believes the proposal is going in the good direction but does not yet address sufficiently the concerns
Red
EPEE opposes the proposal
Grey
EPEE is neutral on the proposal
1
THE VOICE OF THE REFRIGERATION, AIR-CONDITIONING AND HEAT -PUMP INDUSTRY IN EUROPE
I. Priority Amendments
a. HFC Phase Down (Annex VII)
Amendments to Annex VII - maximum quantities and calculation of reference values and quotas for placing hydrofluorocarbons on the market referred to in Art. 17
Czech Proposal
Swedish proposal
EPEE proposalfor amendment
(1) The maximum amount of HFCs allowed to be placed on the Union market in a given year is set to be the following:
Years
Maximum Quantity in tonnes CO2 equivalent
(1) The maximum amount of HFCs allowed to be placed on the Union market in a given year is set to be the following:
Years
Maximum Quantity in tonnes CO2
(2) The maximum amount of HFCs allowed to be placed on the Union market in a given year is set to be the following:
Years
Maximum Quantity in tonnes CO2 equivalent
2024 -- 2026
41 701 077 45
equivalent
2024 -- 2026
41 701 077 49 340 000 +
-- 2029 -- 2032 -- 2035 -- 2038 - 2041 -- 2044 -- 2047 onwards
17 688 360 27 9 132 097 20 8 445 713 13 6 6 5 4 4 200 133
2024 -- 2026 -- 2029 - 2032 - 2035 -- 2038 -- 2041 -- 2044 -- 2047 onwards
41 17 9 8 6 6 5 4 4 200 133
2027 -- 2029 2030 - 2032 2033 - 2035 2036 -- 2038 2039 -- 2041
allocation for other sectors 17 688 360 29 810 000 + allocation for other sectors 9 132 097 16 580 000 + allocation for other sectors 8 445 713 10 950 000 + allocation for other sectors 6 782 265 8 400 000+ allocation for other sectors 6 136 732 6 800 000 +
allocation for other sectors
2042 -- 2044
5 491199 6 100 000 +
allocation for other sectors
2045 -- 2047
/1 815 666 4 800 000 +
allocation for other sectors
2048 onwards /1 200 133 800 000 +
allocation for other sectors
Justification: The European Commission's proposed HFC phasedown (blue line in below graph) would de facto be a phaseout of HFCs in all new heat pump equipment as of 2027, as the remaining quota would need to be used to operate and maintain existing RACHP equipment. EPEE fully supports the long term ambition of the EU Commission and the carbon neutrality targets by 2050, but underlines the need for giving to the industry enough quota in the first decade enabling a successful transition towards lower GWP technologies. In its HFC Outlook EU, EPEE has modelled the HFC needs of the RACHP sector, considering an ambitious transition to lower GWP refrigerants but also taking into account the significant acceleration of heat pump growth in the coming years, which can already be observed on the market.
3
EPEE therefore strongly recommends supporting the phasedown path for the RACHP sector as shown by the red line in above graph, which takes into account some inherent modelling uncertainties as well as political uncertainties such as the upcoming REACH restriction on PFASallowing for sufficient supply in the coming crucial decade for the European green energy transition in heating and cooling.
EPEE has estimated the following needs for the RACHP sector:
20242026: 49.3 MT CO2eq
20272029: 29.8 MT CO2eq
20302032: 16.6 MT CO2eq
This is more than what the European Commission proposes because:
1. The EU Commission did not take into account the full heat pump sector
The airtoair heat pumps have not been properly considered in the Impact Assessment. The airtoair heat pumps cannot move entirely to propane due to safety restrictions, thus much more TCO2 will be needed.
At least 40% of the residential heat pump sector is airtoair and, in some countries, up to 80% (Finland). The air toair heat pump sector is expected to grow in central European countries as it is the most affordable and energy efficient solution to get rid of Russian gas dependency.
The Commission foresees a full transition of the residential hydronic heat pump market (up to 12kW) to monobloc type while these are not applicable for all types of buildings and thus split hydronic heat pumps will still be needed to meet renovation needs in Europe, thus more TCO2eq will be needed.
2. We have to make sure that these heat pumps can be produced in the EU (cf Green Deal Industrial Plan). The buffer of the quota authorization cannot be used for production in the EU but only for the import to the EU. This buffer is already shrinking (cf data from 2021 EEA report) and is expected to leave almost no buffer by 2027.
3. Our transition cannot be dependent on the transition of the MDI sector
4
b. RACHPrelated product bans (Annex IV)
Amendments to Annex IV Placing on the market prohibitions referred to in Article 11(1)
Czech Proposal
(11) Refrigerators and freezers for commercial use (selfcontained equipment) that contain HFCs with GWP of 2 500 or more. 1 January 2020 that contain HFCs with GWP of 150 or more. 1 January 2022 that contain other fluorinated greenhouse gases with GWP of 150 or more. 1 January 2024
Swedish proposal
(11) Refrigerators and freezers for commercial use (selfcontained equipment) that contain HFCs with GWP of 2 500 or more. 1 January 2020 that contain HFCs with GWP of 150 or more. 1 January 2022 that contain other fluorinated greenhouse gases with GWP of 150 or more. 1 January 2024
EPEE proposal for amendment
(11) Stationary Refrigerators and
freezers for commercial use (self
contained
equipment)
(hermetically sealed equipment)
that contain HFCs with GWP
of 2 500 or more 2020
that contain HFCs with GWP
of 150 or more 2022
that contain other
fluorinated
greenhouse
gases with GWP of 150 or
more
(selfcontained
equipment) - 1 January 2025
5
Amendments to Annex IV Placing on the market prohibitions referred to in Article 11(1)
Czech Proposal
12) Any stationary selfcontained refrigeration equipment that contains fluorinated greenhouse gases with GWP of 150 or more, except when required to meet safety standards Date of prohibition: 1 January 2027
Swedish proposal
12) Any stationary selfcontained refrigeration equipment that contains fluorinated greenhouse gases with GWP of 150 or more, except when required to meet safety standards Date of prohibition: 1 January 2027
EPEE proposal for amendment
(12) Any selfcontained equipment for stationary refrigeration with a rated capacity up to 6 kW that contains fluorinated greenhouse gases with a GWP of 150 or more. Date of prohibition: 1 January 2025
6
Amendments to Annex IV Placing on the market prohibitions referred to in Article 11(1)
Czech Proposal
(13) Stationary refrigeration equipment that contains, or whose functioning relies upon, except equipment intended for applications designed to cool products to temperatures below - 50 C. HFCs with GWP of 2 500 or more. 1 January 2020 other fluorinated greenhouse gases listed in Annex I, II and III with GWP of 2 500 or more. 1 January 2024
Swedish proposal
(13) Stationary refrigeration equipment that contains, or whose functioning relies upon, except equipment intended for applications designed to cool products to temperatures below - 50 C. HFCs with GWP of 2 500 or more. 1 January 2020 other fluorinated greenhouse gases listed in Annex I, II and III with GWP of 2 500 or more. 1 January 2024
EPEE proposal for amendment
(14)(a) Stationary refrigeration equipment, that contains, or whose functioning relies upon, fluorinated greenhouse gases with GWP of 1 500 or more except equipment intended for application designed to cool products to temperatures below - 50 C; Date of prohibition: 1 January 2025 (14)(b) Stationary refrigeration equipment, that contains, or whose functioning relies upon, fluorinated greenhouse gases with GWP of 150 or more except equipment intended for application designed to cool products to temperatures below - 50 C. Date of prohibition: 1 January 2028
7
Amendments to Annex IV Placing on the market prohibitions referred to in Article 11(1)
Czech Proposal
(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. Date of prohibition: 1 January 2022
Swedish proposal
(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. Date of prohibition: 1 January 2022
EPEE proposal for amendment
(15)(a) Multipack centralized rack refrigeration systems for commercial use with a rated capacity of 40 kW or more that contain, or whose functioning relies upon, fluorinated greenhouse gases 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 1500 750 may be used. Date of prohibition: 1 January 2025
(15)(b) Multipack centralized rack refrigeration systems that contain or whose functioning relies upon, fluorinated greenhouse gases 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 750 may be used. Date of prohibition: 1 January 2028
8
Amendments to Annex IV Placing on the market prohibitions referred to in Article 11(1)
Czech Proposal
(16) Selfcontained room airconditioning and heat pump equipment
Plugin room airconditioning equipment (selfcontained equipment) which is movable between rooms by the end user that contain HFCs with GWP of 150 or more. 1 January 2020
Plugin room and other selfcontained airconditioning and heat pump equipment (including all heat pumps in monobloc construction) with a maximum rated capacity of 50 kW that contain fluorinated greenhouse gases with GWP of 150 or more except when needed to meet safety requirements. When safety requirements would not allow using fluorinated greenhouse gases with GWP of 150 or less, the GWP limit is 750. 1 January 2027
Swedish proposal
(16) Selfcontained room airconditioning and heat pump equipment
Plugin room airconditioning equipment (selfcontained equipment) which is movable between rooms by the end user that contain HFCs with GWP of 150 or more. 1 January 2020
Plugin room and other selfcontained
airconditioning and heat pump
equipment (including all heat pumps in
monobloc construction) with a
maximum rated capacity of 50 kW that
contain fluorinated greenhouse gases
with GWP of 150 or more except when
needed required to meet safety
requirements.
When
safety
requirements would not allow using
fluorinated greenhouse gases with GWP
of 150 or less, the GWP limit is 750.
1 January 2027
Other selfcontained airconditioning and heat pump equipment that contain
EPEE proposal for amendment
(17) Selfcontained equipment: a) Plugin room and other selfcontained air conditioning and plugin selfcontained room heat pump equipment that contain fluorinated greenhouse gases with GWP of 150 or more;
Date of prohibition: 1 January 2025
b) Selfcontained air conditioning and self contained heat pump equipment that contain fluorinated greenhouse gases with GWP 750 or more, except when needed to meet safety requirements;
Date of prohibition: 1 January 2028
c) Selfcontained heat pump equipment for outdoor installations with a rated capacity up to and including 12kW that contain fluorinated greenhouse gases with GWP 150 or more, except when needed to meet safety requirements.
Date of prohibition: 1 January 2030
9
Other selfcontained airconditioning and heat pump equipment 1 January 2030
fluorinated greenhouse gases with GWP of 150 or more except when required to meet safety requirements. When safety standards would not allow using fluorinated greenhouse gases with GWP of 150 or less, the GWP limit is 750. 1 January 2030
10
Amendments to Annex IV Placing on the market prohibitions referred to in Article 11(1)
Czech Proposal
(18) Stationary split airconditioning 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 listed in Annex I with GWP of 750 or more; 1 January 2025
Swedish proposal
(18) Stationary split airconditioning 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 listed in Annex I with GWP of 750 or more; 1 January 2025
EPEE proposal for amendment
(18) Stationary split airconditioning 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 listed in Annex I with GWP of 750 or more; Date of prohibition: 1 January 2025
(b) Split systems of a rated capacity of up to and including 12 kW containing, or whose functioning relies upon, fluorinated greenhouse gases listed in Annex I with GWP of 150 or more, except when required to meet safety standards; 1 January 202730
(b) Split systems of a rated capacity of up to and including 12 kW containing, or whose functioning relies upon, fluorinated greenhouse gases listed in Annex I with GWP of 150 or more, except when required to meet safety standards; 1 January 2027 202730
(b) Other 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 150 750 or more, except when needed to meet safety standards requirements; Date of prohibition: 1 January 2027
(c) Split systems of a rated capacity of more than 12 kW containing, or whose functioning relies upon, fluorinated greenhouse gases listed in Annex I with GWP of 750 or more, except when required to meet safety standards 1 January 202730
(c) Split systems of a rated capacity of more than 12 kW containing, or whose functioning relies upon, fluorinated greenhouse gases listed in Annex I with GWP of 750 or more, except when required to meet safety standards. 1 January 2027 202730
(c) Single split air to air systems of a rated capacity up to and including of more than 12 6 kW containing, or whose functioning relies upon, fluorinated greenhouse gases with GWP of 750 150 or more, except when needed to meet safety standards requirements. Date of prohibition: 1 January 2027 2030
11
c. Definitions
CZ proposal (6) `placing on the market' means the customs release for free circulation in the Union or 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, andor the use of substances produced or the use of products or equipment manufactured for own use;
(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, 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; (17) `installation' means the process of joining two or more pieces of equipment or circuits containing or designed to contain fluorinated greenhouse gases, with a view to assembling a system in the location where it will be operated, that entails joining together gas carrying conductors of a system to complete a circuit irrespective of the need to charge the system after assembly;
Amendments to Article 3 - Definitions (general) SE Proposal
(6) `placing on the market' means the customs release for free circulation in the Union or 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, andor the use of substances produced or the use of products or equipment manufactured for own use;
(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, 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; (17) `installation' means the process of joining two or more pieces of equipment or circuits containing or designed to contain fluorinated greenhouse gases, with a view to assembling a system in the location where it will be operated, that entails joining together gas carrying conductors of a system to complete a circuit irrespective of the need to charge the system after assembly;
EPEE Proposal for amendment (6) `placing on the market' means the supplying or making available to another party person within 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 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; (9) `hermetically sealed equipment' means equipment in which all refrigerant 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. These capped valves and service ports shall 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; (17) `installation' means joining two or more pieces of equipment or circuits containing or designed to contain refrigerants fluorinated greenhouse gases, with a view to assembling a system in the location where it will be operated, that entails joining together gas carrying conductors of a system to complete a circuit irrespective of the need to charge the system after assembly;
12
CZ proposal 'selfcontained' means complete factorymade system in a suitable frame and/or encasing that is fabricated and transported complete and in which no gascontaining parts are connected on site, but which may contain isolation valves;
'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; `airconditioning' means the process of treating air to meet the requirements of a conditioned space by controlling its temperature, humidity, cleanliness or distribution; 'heat pump' means an airconditioning device capable of using ambient heat and/or waste heat from air, water or ground sources to produce heat and is based on the interconnection of one or
Amendments to Article 3 - Definitions (general) SE Proposal
'selfcontained' means complete factorymade system in a suitable frame and/or encasing that is fabricated and transported complete or in two or more sections and in which no gascontaining parts are connected on site, but which may contain isolation valves;
'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; `airconditioning' means the process of treating air to meet the requirements of a conditioned space by controlling its temperature, humidity, cleanliness or distribution; 'heat pump' means an airconditioning device capable of using ambient heat and/or waste heat from air, water or ground sources to provide produce heat or cooling and is based on the
EPEE Proposal for amendment (x) `Selfcontained' means complete factorymade refrigerantcontaining equipment in a suitable frame and/or enclosure that is fabricated and transported complete and in which no refrigerantcontaining parts are connected on site; (x) `Plug-In' means a product that only needs to be connected to a domestic electrical socket to operate and does not require the intervention of a professional installer.
13
more components forming a closed cooling circuit in which a refrigerant circulates to extract and release heat;
(40) 'nonrefillable container' means a containers which cannot be refilled without being adapted for that purpose; and containers that could be refilled but are imported or placed on the market without provisions having been made for their return for refilling; (41) `refrigeration' means the process of cooling a product, substance, system or other items to lower or maintain its temperature;
interconnection of one or more components forming a closed cooling circuit in which a refrigerant circulates to extract and release heat; (40) 'nonrefillable container' means a containers which cannot be refilled without being adapted for that purpose; and containers that could be refilled but are imported or placed on the market without provisions having been made for their return for refilling; (41) `refrigeration' means the process of maintaining or lowering the temperature of cooling a product, substance, system or other items to lower or maintain its below ambient temperature;
14
II. Other Amendments
Amendments to Article 1 - Subjectmatter (general)
CZ proposal
SE Proposal
This Regulation:
This Regulation:
(a) lays down rules on containment,
(a) lays down rules on containment,
use, recovery and destruction of
use, recovery and destruction of
fluorinated greenhouse gases,
fluorinated greenhouse gases,
and on related ancillary
and on related ancillary
measures, and facilitates on the
measures, and facilitates on the
safe and efficient use of
safe and efficient use of
alternative substances, including
alternative substances, including
natural refrigerants;
and on training and certification
for tasks involving natural
refrigerants;
EPEE Proposal for amendment
15
CZ proposal Operators of equipment that contains 5 tonnes of CO2 equivalent or more of fluorinated greenhouse gases listed in Annex I or 1 kilogram a charge size of 3 kilograms or more of containing fluorinated greenhouse gases listed in Annex II, Section I1, not contained in foams, shall ensure that the equipment is checked for leaks.
Hermetically sealed equipment that contains less than 10 tonnes of CO2 equivalent of fluorinated greenhouse gases listed in Annex I or 2 kilograms a charge size of 6 kilograms of fluorinated greenhouse gases listed in Annex II, Section I1, 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.
Amendments to Article 5 - Leak checks SE Proposal
Operators of equipment that contains 5 tonnes of CO2 equivalent or more of fluorinated greenhouse gases listed in Annex I or 1 kilogram 1 kilogram a charge size of 3 kilograms or more of containing fluorinated greenhouse gases listed in Annex II, Section I1, not contained in foams, shall ensure that the equipment is checked for leaks.
Hermetically sealed equipment that contains less than 10 tonnes of CO2 equivalent of fluorinated greenhouse gases listed in Annex I or 2 kilograms 2 kilograms a charge size of 6 kilograms of fluorinated greenhouse gases listed in Annex II, Section I1, 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.
EPEE Proposal for amendment 1. Operators of equipment that contains, either 5 tonnes of CO2 equivalent or more of fluorinated greenhouse gases listed in Annex I, or mixtures containing any of those substances with or without other substances, or 13 kilograms or more of fluorinated greenhouse gases listed in Annex II, Section I, not contained in foams, or 3 kilograms or more of other relevant alternatives to fluorinated greenhouse gases shall ensure that the equipment is checked for leaks.
Hermetically sealed equipment that contains, either less than 10 tonnes of CO2 equivalent of fluorinated greenhouse gases listed in Annex I or mixtures containing any of those substances with or without other substances or 6 2 kilograms of fluorinated greenhouse gases listed in Annex II, Section I, or less than 6 kilograms of other relevant alternatives to fluorinated greenhouse
16
Paragraph 1 applies to operators of the following equipment that contains fluorinated greenhouse gases listed in Annex I or in Annex II, Section I1:
Paragraph 1 applies to operators of the following equipment that contains fluorinated greenhouse gases listed in Annex I or in Annex II, Section I1:
gases, 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. [...] 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 greenhouse gases: [...]
17
CZ proposal 2. 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:
(a) the operators referred to in paragraph 1 shall keep the records referred to in that paragraph for at least five years;
(b) undertakings carrying out the activities referred to in paragraph 1, point (e), for operators shall keep copies of the records referred to in paragraph 1 for at least five years.
Amendments to Article 7 - Record keeping
SE Proposal
EPEE Proposal for amendment
2. Unless the records referred to in 2. Unless The records referred to in
paragraph 1 are stored in a database paragraph 1 are shall be stored in a
set up by the competent authorities database set up by the competent
of the Member States the following authorities of the Member States, and
rules
apply: the following rules apply:
(a) the operators referred to in paragraph 1 shall keep the records referred to in that paragraph for at least five years;
(b) undertakings carrying out the activities referred to in paragraph 1, point (e), for operators shall keep copies of the records referred to in paragraph 1 for at least five years.
(a) the operators referred to in paragraph 1 shall keep the records referred to in that paragraph for at least five years;
(b) undertakings carrying out the activities referred to in paragraph 1, point (e), for operators shall keep copies of the records referred to in paragraph 1 for at least five years
18
Amendments to Article 8 - Recovery and destruction
CZ proposal
SE Proposal
1. Operators of stationary equipment or 1. Operators of stationary equipment or of
of refrigeration units of refrigerated
refrigeration units of refrigerated trucks
trucks and trailers that contain
and trailers that contain fluorinated
fluorinated greenhouse gases listed in
greenhouse gases listed in Annex I, and in
Annex I and in Annex II, Section 1, not
Annex II, Section 1 and in Annex III, not
contained in foams, shall ensure that
contained in foams, shall ensure that the
the recovery of those gases is carried
recovery of those gases is carried out by
out by natural persons that hold the
natural persons that hold the relevant
relevant certificates provided for in
certificates provided for in Article 10, so
Article 10, so and that those gases are
and that those gases are recycled,
recycled, reclaimed or destroyed.
reclaimed or destroyed.
EPEE Proposal for amendment
1. 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 refrigerant 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.
19
Amendments to Article 9 - Recovery and destruction
CZ proposal
SE Proposal
EPEE Proposal for amendment
Without prejudice to existing Union Without prejudice to existing Union Without prejudice to existing Union
legislation, Member States shall take legislation, Member States shall legislation, Member States shall
measures to promote encourage the encourage the development of encourage the development of ensure
development
of
producer producer responsibility schemes for the existence of producer responsibility
responsibility schemes for the the recovery of fluorinated schemes for the recovery of fluorinated
recovery of fluorinated greenhouse greenhouse gases listed in Annexes I greenhouse gases listed in Annexes I
gases listed in Annexes I and II Annex and II Annex I and in Annex II, Section and II and their recycling, reclamation or
I and in Annex II, Section 1 and for 1 and for their recycling, reclamation destruction, taking into account
their recycling, reclamation or or destruction.
already
applicable
producer
destruction.
responsibility schemes.
20
CZ proposal 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 in Annex II, Section 1 and other relevant alternatives to fluorinated greenhouse gases including natural refrigerants: [...] 3. The certification programmes and training provided for in paragraphs 1 and 2 shall cover the following, (a) applicable regulations and technical standards; (b) emission prevention; (c) recovery of fluorinated greenhouse gases listed in Annex I and in Annex II, Section 1; (d) safe handling of equipment of the type and size covered by the certificate;
Amendments to Article 10 - Certification and training
SE Proposal
EPEE Proposal for amendment
Member States shall, on the basis of the 1. Member States shall, on the basis of
minimum requirements referred to in
the minimum requirements
paragraph 5, establish or adapt certification
referred to in paragraph 5, establish
programmes, including evaluation
or adapt certification programmes
processes, and ensure that training on
on refrigerants, including
practical skills and theoretical knowledge is
evaluation processes, and ensure
available for natural persons carrying out the
that training on practical skills and
following tasks involving fluorinated
theoretical knowledge is available
greenhouse gases listed in Annex I, and in
for natural persons carrying out the
Annex II, Section 1, in Annex III when used
following tasks involving fluorinated
in electrical switchgears and other relevant
greenhouse gases listed in Annex I
alternatives to fluorinated greenhouse gases
and Annex II, Section 1 and other
including natural refrigerants: [...]
relevant alternatives to fluorinated
greenhouse gases: [...]
3. The certification programmes and training 3. The certification programmes and
provided for in paragraphs 1 and 2 shall
training provided for in paragraphs 1
cover the following,
and 2 shall cover the following:
(a) applicable regulations and technical (a) applicable regulations and technical
standards;
standards;
(b) emission prevention;
(b) emission prevention;
(c) recovery of fluorinated greenhouse gases (c) recovery of refrigerants fluorinated
listed in Annex I and in Annex II, Section 1;
greenhouse gases listed in Annex I and
(d) safe handling of equipment of the type Annex II, Section 1
and size covered by the certificate;
(da) and safe handling of equipment with
flammable or toxic gases or operating
under highpressure;
21
(da) and safe handling of equipment
with flammable or toxic gases or
operating under highpressure;
(e) energy efficiency aspects the
measures of improving or
maintaining the energy efficiency of
equipment during installation or
maintenance.
6. Member States shall establish or
adapt certification programmes on
the basis of the minimum
requirements referred to in
paragraph 5 for undertakings
carrying out installation, servicing,
maintenance,
repair
or
decommissioning of the equipment
listed in Article 5(2), points (a) to (gf),
containing fluorinated greenhouse
gases listed in Annex I and in Annex
II, Section I1, and other relevant
alternatives to fluorinated
greenhouse gases including natural
refrigerants for other parties.
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. By [OP, please
insert the date = three years
following the entry into force of this
(e) energy efficiency aspects the measures of improving or maintaining the energy efficiency of equipment during installation or maintenance.
6. Member States shall establish or adapt certification programmes on the basis of the minimum requirements referred to in paragraph 5 for undertakings carrying out installation, servicing, maintenance, repair or decommissioning of the equipment listed in Article 5(2), points (a) to (gf), containing fluorinated greenhouse gases listed in Annex I and in Annex II, Section I1, and other relevant alternatives to fluorinated greenhouse gases including natural refrigerants for other parties.
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. By [OP, please insert the date = three years following the entry into force of this Regulation] Member States shall ensure
22
Regulation] Member States shall ensure that certified natural persons are required to participate to refreshment training courses or complete an evaluation process referred to in paragraph 3, at least every five years.
that certified natural persons are required to participate to refreshment training courses or complete an evaluation process referred to in paragraph 3, at least every five years.
7a. [NEW] 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.
23
Amendments to Article 11 - Restrictions on placing on the market
CZ proposal
SE Proposal
EPEE Proposal for amendment
1. The placing on the market of 1. The placing on the market of products and 1. The placing on the market of
products and equipment, including
equipment, including parts thereof, listed
products and equipment, including
parts thereof, listed in Annex IV, with
in Annex IV, with an exemption for
parts thereof, listed in Annex IV,
an exemption for military
military equipment, shall be prohibited
with an exemption for military
equipment, shall be prohibited from
from the date specified in that Annex,
equipment, shall be prohibited
the date specified in that Annex,
differentiating, where applicable,
from the date specified in that
differentiating, where applicable,
according to the type or global warming
Annex, differentiating, where
according to the type or global
potential of the gas contained. The
applicable, according to the type or
warming potential of the gas
placing on the market of parts of
global warming potential of the gas
contained. The placing on the
products and equipment required for
contained.
market of parts of products and
repairs and servicing of existing
equipment required for repairs and
equipment is allowed provided that the
servicing of existing equipment is
repair or servicing does not result in an
allowed provided that the repair or
modification increase of the
servicing does not result in an
refrigeration capacity of the product or
increase of the refrigeration
equipment, the amount of fluorinated
capacity, or of the refrigerant
gas contained in the product or
charge, and there is no change of
equipment or of the refrigerant charge,
the type of refrigerant.
and there is no change of the type of
fluorinated gas used refrigerant.
24
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. Reexport of such products and equipment is allowed in such cases when the non compliance with the rules set out in this Regulation has been established prior to customs clearance in accordance with the measures referred to in Article 23(12). 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 or for their re export.
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 or exported. Re eExport of such products and equipment is allowed in such cases when the non compliance with the rules set out in this Regulation has been established prior to customs clearance in accordance with the measures referred to in Article 23(12). 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 or for their re export.
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.
25
CZ proposal 12. Customs authorities shall confiscate or seize nonrefillable containers prohibited by this Regulation for disposal in accordance with Articles 197 and 198 of Regulation (EU) 952/2013. or shall inform the competent authorities for ensuring the confiscation and seizure of such containers. Market surveillance authorities shall also withdraw or recall from the market such containers in accordance with Article 16 of Regulation (EU) No 2019/1020 of the European Parliament and the Council23.
In other cases, not referred to in the first subparagraph, of unlawful import, further supply, or export, in particular in cases of fluorinated greenhouse gases listed in Annex 1 Section 1 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, customs authorities or market surveillance authorities may take alternatives measures. Such measures may include auctioning provided that it is in line with this Regulation. For other substances and products and equipment covered by this Regulation,
Amendments to Article 23 - Controls of trade SE Proposal
12. Customs authorities shall confiscate or seize nonrefillable containers prohibited by this Regulation for disposal in accordance with Articles 197 and 198 of Regulation (EU) 952/2013. or shall inform the competent authorities for ensuring the confiscation and seizure of such containers. Market surveillance authorities shall also withdraw or recall from the market such containers in accordance with Article 16 of Regulation (EU) No 2019/1020 of the European Parliament and the Council23.
In other cases, not referred to in the first subparagraph, of unlawful import, further supply, or export, in particular in cases of fluorinated greenhouse gases listed in Annex 1 Section 1 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, customs authorities or market surveillance authorities may take alternatives measures. Such measures may include auctioning provided that it is in line with this Regulation.
EPEE Proposal for amendment 12. Customs authorities shall confiscate
or seize nonrefillable containers prohibited by this Regulation for disposal in accordance with Articles 197 and 198 of Regulation (EU) 952/2013. Market surveillance authorities shall also withdraw or recall from the market such containers in accordance with Article 16 of Regulation (EU) No 2019/1020 of the European Parliament and the Council.
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.
26
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.
The reexport of fluorinated greenhouse gases listed in Annex 1 Section 1 unlawfully placed on the market gases and products and equipment that do not comply with this Regulation is prohibited.
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. The reexport of fluorinated greenhouse gases listed in Annex 1 Section 1 unlawfully placed on the market gases and products and equipment that do not comply with this Regulation is prohibited.
The reexport of gases and products and equipment that do not comply with this Regulation is prohibited.
27