Document reVg5z0g2qJrwLppV1eaMkrgr
20 April 2023
EPEE Amendment proposals compared to the European Parliament Position and to the Swedish and EC proposals - EU F-Gas Regulation
The
F-Gas Regulation Revision proposal was published on 5 April 2022. European ParliamentEE,
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.
The European Parliament voted its Position on 30 March 2023 and amended the initial proposed text, especially regarding annex IV on product bans and annex VII on the Phase Down.
The Swedish Presidency get mandate for starting the interinstitutional negotiations during the COREPER I meeting on 5 April
2023.
here.
Against that background, on European Parliament, with 11 other industry associations representing the whole value chain of the RACHP Industry in Europe, made a number of concrete amendment proposals to the proposed F-Gas Regulation Revision text. The amendments on the product bans result from an industry alignment in order to speak with one voice for the Industry.
This document is a four-column comparison document which aims to show to the EPEE members, for their internal use, the main differences between the different positions of the European institutions and the Industry with a section with comments.
made by the Council are written in orange and the ones from the European Parliament are made in green.
changes
1
Ref. Ares(2024)3665462 - 22/05/2024
I. Priority......................................................................................................................................................................................................................... 5 a) HFC Phase Down (Annex VII) ................................................................................................................................................................................... 5 b) RACHP-related product bans (Annex IV) ................................................................................................................................................................. 6
II. Articles of the Regulation .......................................................................................................................................................................................... 19 a) Subject-matter (Article 1) ...................................................................................................................................................................................... 19 b) Scope (Article 2)..................................................................................................................................................................................................... 20 c) Definitions (Article 3)............................................................................................................................................................................................. 21 d) Prevention of emissions (Article 4)........................................................................................................................................................................ 28 e) Leak checks (article 5)............................................................................................................................................................................................ 35 f) Leakage detection systems (article 6) ................................................................................................................................................................... 41 g) Record keeping (article 7)...................................................................................................................................................................................... 44 h) Recovery and destruction (article 8) ..................................................................................................................................................................... 50 i) Producer responsibility schemes (article 9) .......................................................................................................................................................... 58 j) Certification and training (article 10) .................................................................................................................................................................... 60 k) Restrictions on placing on the market and sale (article 11).................................................................................................................................. 68 l) Restriction on the export of certain products and equipment containing fluorinated greenhouse gases (article 11a) ...................................... 76 m) Labelling and product and equipment information (article 12) ........................................................................................................................ 77 n) Control of use (article 13) ...................................................................................................................................................................................... 85 o) Production of hydrofluorocarbons (article 14) ..................................................................................................................................................... 92 p) Transfer and authorisation of production rights for industrial rationalisation (article 15) .................................................................................. 95 q) Reduction of the quantity of hydrofluorocarbons (article 16).............................................................................................................................. 97 r) Determination of reference values and allocation of quotas for placing hydrofluorocarbons on the market (article 17)................................ 101 s) Conditions for registration and receiving quota allocations (article 18) ............................................................................................................ 110
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t) Pre-charging of equipment with hydroflurocarbons (article 19) ........................................................................................................................ 112 u) The F-gas portal (article 20)................................................................................................................................................................................. 116 v) Transfer of quotas and authorisation to use quotas for the placing on the market ofhydrofluorocarbons in imported equipment (Article 21)
121 w) Imports and exports (Article 22)...................................................................................................................................................................... 123 x) Controls of Trade (Article 23) .............................................................................................................................................................................. 125 y) Measures to monitor illegal trade (Article 24) .................................................................................................................................................... 134 z) Trade with states or regional economic integration organisations and territories not covered by the Protocol (Article 25) ........................... 137 aa) Reporting by undertakings (Article 26)............................................................................................................................................................ 140 bb) Collection of emissions data (Article 27) ......................................................................................................................................................... 146 cc) Cooperation and exchange of information (Article 28)................................................................................................................................... 147 dd) Obligation to carry out checks (Article 29) ...................................................................................................................................................... 150 ee) Reporting of breaches and protection of reporting persons (Article 30)........................................................................................................ 154 ff) Penalties (Article 31) ........................................................................................................................................................................................ 155 gg) Exercise of the delegation (Article 32)............................................................................................................................................................. 160 hh) Consultation Forum (Article 33)....................................................................................................................................................................... 163 ii) Committee procedure (Article 34) ...................................................................................................................................................................... 164 jj) Review (Article 35)............................................................................................................................................................................................... 165 kk) Repeal (Article 36)............................................................................................................................................................................................ 168 ll) Amendment to Directive (EU) No 2019/1937 (Article 37) .................................................................................................................................. 169 mm) Entry into force and application (Article 38) ................................................................................................................................................ 170 III. Other Annexes......................................................................................................................................................................................................... 172 a) ANNEX I Fluorinated greenhouse gases referred to in Article 2(1)1 hydrofluorocarbons,perfluorocarbons and other perfluorinated compounds ................................................................................................................................................................................................................. 172
3
b) ANNEX II : Other fluorinated greenhouse substances referred to in Article 2(1)( 6 ) unsaturated hydro(chloro)fluorocarbons, fluorinated substances used as inhalation anaesthetics and other fluorinated substances ........................................................................................................ 175 c) ANNEX III Other Ffluorinated greenhouse gases referred to in Article 2(1) 11 fluorinated ethers, ketones and alcohols and other fluorinated compounds ................................................................................................................................................................................................................. 177 d) ANNEX V Production rights for placing hydrofluorocarbons on the market.................................................................................................... 180 e) ANNEX VI : Method of calculating the total GWP of a mixture referred to in Article 3(12) .............................................................................. 181 f) ANNEX VIII Allocation mechanism referred to in Article 17................................................................................................................................ 183 g) ANNEX IX DATA TO BE REPORTED PURSUANT TO ARTICLE 26 ........................................................................................................................... 184 h) ANNEX X Correlation Table.................................................................................................................................................................................. 187
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EPEE G4_Jt'4*
THE VOICE OF THE REFRIGERATION, AIR-CONDITIONING AND HEAT-PUMP INDUSTRY IN EUROPE
I. Priority
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
Commission proposal
European Council Position
European Parliament position
EPEE Proposalfor amendment*
Comments
Years
Maximum
Years
Maximum
Years
Maximum
Years
Maximum Quantity
Quantity
Quantity
Quantity
in tonnes CO2
in tonnes CO2
in tonnes CO2
in tonnes CO2
equivalent
2024 - 2026
equivalent 41
2024 - 2026
equivalent 41 701 077 42
2024 - 2026
equivalent 41
2024 2026
'11 701 077 49 340 000 + allocation for other sectors
-- 2029 - 2032 -- 2035 - 2038 --2041 - 2044 -- 2047
onwards
17 9 8 6 6 5 4 4 200 133
- 2029 17 688 360 20
- 2032 --2035
- 2038 - 2041 - 2044 -- 2047
onwards
9 8 6 6 5 4 4 200 133
- 2029 17 688 360 20
- 2032 - 2035 _-2038 - 2041
9 8 6 6 136 732 4
- 2044 5 491 199 3
- 2047
2048-2049 onwards 2050 onwards
4 845 666 1 623 629 4 200 133 811 814 0
2027 2029 2030 2032 2033 2035 2036 2038 2039 2041 2042 2044 2045 2047 2048 onwards
17 688 360 29 810 000 + allocation for other sectors
9 132 097 16 580 000 + allocation for other sectors
8 115 713 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
5 191 199 6 100 000 + allocation for other sectors
1 815 666 4 800 000 + allocation for other sectors
1 200 133 800 000 + allocation for other sectors
* This EPEE proposal is the one which has been sent to MSs. An industry alignment was also found asking to re-table the ITRE Phase Down proposal
5
b) RACHP-related product bans (Annex IV)
Amendments to Annex IV - Placing on the market prohibitions referred to in Article 11(1)
Commission proposal (11) Refrigerators and freezers for commercial use (self-contained 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
European Council Position (11) Refrigerators and freezers for commercial use (self-contained equipment)
(a) that contain HFCs with GWP of 2 500 or more. 1 January 2020 (b) that contain HFCs with GWP of 150 or more. 1 January 2022 (c) that contain other fluorinated greenhouse gases with GWP of 150 or more. 1 January 2024
European Parliament position (11) Stationary Refrigerators and freezers for commercial use (self-contained 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
Comments
EPEE proposal
(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 (self-contained
equipment) - 2025
6
Amendments to Annex IV - Placing on the market prohibitions referred to in Article 11(1)
Commission proposal
European Council Position European Parliament position
(12) Any self-contained
refrigeration equipment that
contains
fluorinated
greenhouse gases with GWP
of 150 or more.
Date of prohibition: 1 January 2025
(12) Any stationary selfcontained refrigeration equipment that contains fluorinated greenhouse gases with GWP of 150 or more, except when required to meet safety requirements.
Date of prohibition: 1 January 2025
(12) Any self-contained stationary refrigeration equipment that contains fluorinated greenhouse gases with GWP of 150 or more.
Date of prohibition: 1 January 2025
Comments
EPEE and industry alliance proposal
(12)
7
Amendments to Annex IV - Placing on the market prohibitions referred to in Article 11(1)
Commission proposal
European Council Position
European Parliament
Comments
EPEE and industry alliance
Position
proposal
(13) Stationary refrigeration (13)
Stationary (13)
Stationary
(14)
equipment that contains, or refrigeration equipment refrigeration equipment
whose functioning relies that contains, or whose that contains, or whose
upon, HFCs with GWP of 2 functioning relies upon, functioning relies upon,
500 or more except except
equipment HFCs with GWP of 2 500 or
equipment intended for intended for applications more except equipment
application designed to cool designed to cool products intended for application
products to temperatures to temperatures below designed to cool products
below 50 C.
50 C
to temperatures below
Date of prohibition: 1 (a) HFCs with GWP of 2 500 50 C.
except when required
January 2020
or more.
to
meet
safety
Date of prohibition: 1 Date of prohibition: 1
requirements
(14) Stationary refrigeration January 2020 [previous EC January 2020
equipment, that contains, or ban 13]
whose functioning relies
(14) Stationary
upon, fluorinated
(b) other fluorinated refrigeration equipment,
greenhouse gases with GWP greenhouse gases with that contains, or whose
of 2 500 or more except GWP of 2 500 or more. functioning relies upon,
equipment intended for Date of prohibition: 1 fluorinated greenhouse
application designed to cool January 2024
gases with GWP of 2 500
products to temperatures
or more except
below 50 C.
equipment intended for
Date of prohibition: 1
application designed to
January 2024
cool products to
temperatures below
50 C.
Date of prohibition: 1
January 2025 2024
8
(14a) (new) Stationary refrigeration equipment, that contains, or whose functioning relies upon, fluorinated greenhouse gases. Date of prohibition: 1 January 2027
9
Commission proposal (15) Multipack centralised refrigeration systems for commercial use with a rated capacity of 40kW 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 1500 may be used
Date of prohibition: 1 January 2022
Amendments to Annex IV - Placing on the market prohibitions referred to in Article 11(1)
European Council Position (15) Multipack centralised refrigeration systems for commercial use with a rated capacity of 40kW 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 1500 may be used
European Parliament Position (15) Multipack centralised refrigeration systems for commercial use with a rated capacity of 40kW 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 1500 may be used
Date of prohibition: 1 January 2022
Date of prohibition: 1 January 2022
Comments
EPEE and industry alliance proposal (15)(b) Multipack centralised 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 process chillers, except in the primary refrigerant circuit of cascade systems where fluorinated greenhouse gases with a GWP of less than 1500 may be used.
2022 2025
1 January
(15)(c) Multipack centralised refrigeration systems that contain or whose functioning relies upon, fluorinated greenhouse gases with GWP of 150 or more except process chillers.
2028
1 January
10
(15a)
(new)
Transport
refrigeration
- in vans and ships that contain,
or whose functioning relies
upon, fluorinated greenhouse
gases.
Date of prohibition: 1 January
2027
- in trucks, trailers and reefer containers that contains, or whose functioning relies upon, fluorinated gases Date of prohibition: 1 January 2029
11
Commission proposal
(16) Plug-in room air-
conditioning
equipment
(self-
contained equipment)
which is movable
between rooms by the
end user that contain
HFCs with GWP of 150
or more.
Date of prohibition: 1 January 2020
Amendments to Annex IV - Placing on the market prohibitions referred to in Article 11(1)
European Council Position
(16) Self-contained room air-
conditioning and heat pumps
(a) Plug-in room air-conditioning
equipment
(self-contained
equipment) which is movable
between rooms by the end user
that contain HFCs with GWP of
150 or more. [Previous EC ban
16]
Date of prohibition: 1 January 2020
European Parliament Position (16) Plug-in room airconditioning equipment (selfcontained equipment) which is movable between rooms by the end user that contain HFCs with GWP of 150 or more.
Date of prohibition: 1 January 2020
Comments
EPEE and industry alliance proposal
12
(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.
Date of prohibition: 1 January 2025
(b) Plug-in room and other self-
contained air-conditioning and
heat pumps (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 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.
Date of prohibition: 1 January
2025 2027
(17) Plug-in room, monoblock and other self-contained airconditioning and heat pump equipment that contain fluorinated greenhouse gases with a GWP of 150 or more.
Date of prohibition: 1 January 2025 2026
(c) Other self-contained airconditioning and heat pumps that contain fluorinated greenhouse gases with GWP of 150 or more except when 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.
Date of prohibition: 1 January 2030
(17) Stationary self-contained air conditioning and heat pump equipment: (a) Plug in self-contained air conditioning & heat pump equipment moveable between rooms by the end user that contain fluorinated greenhouse gases with GWP of 150 or more.; Date of prohibition: 1 January 2025
(b) Stationary self-contained hydronic air conditioning and stationary self-contained hydronic heat pump equipment designed for outdoor installations below or equal to 12 kW* that contain fluorinated greenhouse gases with GWP of 150 or more except when needed to meet safety requirements;
Date of prohibition: 1 January 2029 * rated capacity as defined in the relevant ecodesign regulations
(c) Other stationary self-contained air conditioning and heat pump equipment that contain fluorinated greenhouse gases with GWP of 750 or more, except when needed to meet safety requirements. Date of prohibition: 1 January 2030
13
Commission 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;
Date of prohibition: 1 January 2025
Amendments to Annex IV - Placing on the market prohibitions referred to in Article 11(1)
European Council Position (18) Stationary split airconditioning and split heat pumps 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;
European Parliament Position (18) Stationary split airconditioning and split heat pump equipment: (a) Single split systems including fixed double duct 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 Date of prohibition: 1 January
2025
2028 2025
Comments
EPEE and industry alliance proposal (18) Stationary split airconditioning and split heat pump equipment:
(a) Stationary single split air to air systems and fixed double duct appliances containing less than 3kg of fluorinated greenhouse gases listed in Annex I, that contains, 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 with GWP of 150 or more, except when required to meet safety standards;
Date of prohibition: 1 January 2027
(b) Split air-to-air 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 requirements standards;
Date of prohibition: 1 January 2027 2029
(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;
Date of prohibition: 1 January 2028 2027
(b) Stationary single split air to air systems of a rated capacity up to and including 12 6 kW* and fixed double duct appliances of a rated capacity up to and including 3.5 kW* containing, or whose functioning relies upon, fluorinated greenhouse gases with GWP of 150 or more, except when needed to meet safety standards requirements; Date of prohibition: 1 January 2027 2030
14
(ba) Split air-to-water
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 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 with GWP of 750 or more, except when required to meet safety standards. 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 requirements standards. Date of prohibition: 1 January 2027 2029
(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.
Date of prohibition: 1 January 2028 2027
(d) Split systems of a rated capacity of more than 12 kW containing, or whose functioning relies upon,
(ca) Split systems of a rated capacity of more than 200 kW containing, or whose functioning
* rated capacity as defined in the relevant ecodesign regulations
(c) Other stationary 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 needed to meet safety standards requirements. Date of prohibition: 1 January 2027 2029
15
fluorinated
greenhouse
gases listed in Annex I with
GWP of 150 or more, except
when required to meet
safety requirements.
relies upon, greenhouse gases.
fluorinated
Date of prohibition: 1 January 2028
Date of prohibition: 1 January 2033
16
Commission proposal
Amendments to Annex IV - Placing on the market prohibitions referred to in Article 11(1)
European Council Position European Parliament position
Comments
(23a)
Mobile
air
conditioning in passenger
and cargo ships, buses,
trams, and trains that
contain, or whose
functioning relies upon,
fluorinated greenhouse
gases.
EPEE and industry alliance proposal
Date of prohibition: 1 January 2029
17
Commission proposal
Amendments to Annex IV - Placing on the market prohibitions referred to in Article 11(1)
European Council Position European Parliament position
Comments
(23b) Mini, displacement and centrifugal chillers that contain, or whose functioning relies upon, fluorinated greenhouse gases.
EPEE and industry alliance proposal
Date of prohibition: 1 January 2027
18
s
II. Articles of the Regulation
a) Subject-matter (Article 1)
Commission proposal
This Regulation: (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;
(b) imposes conditions on the import, export, placing on the market, further supply and use of fluorinated greenhouse gases and specific products and equipment containing fluorinated greenhouse gases or whose functioning relies upon those gases;
Amendments to Article 1 Subject matter
European Council Position
This Regulation: (a) lays down rules on containment, use, recovery and destruction of fluorinated greenhouse gases, and on related ancillary measures, and facilitates on the safe and efficient use of alternative substances, and on training and certification for tasks involving natural refrigerants; (b) imposes conditions on the production, import, export, placing on the market, further supply and use of fluorinated greenhouse gases and specific products and equipment containing fluorinated greenhouse gases or whose functioning relies upon those gases;
European Parliament position
[No change]
[No change]
Comments
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b) Scope (Article 2)
Commission proposal 1. This Regulation applies to the fluorinated greenhouse gases listed in Annexes I, II and II, whether alone or in a mixture.
Amendments to Article 2 - Scope
European Council Position 1. This Regulation applies to the fluorinated greenhouse gases listed in Annexes I, II and III, either as substances or as mixtures containing such substances whether alone or in a mixture.
European Parliament position 1. This Regulation applies to the fluorinated greenhouse gases listed in Annexes I, II and II III, whether alone or in a mixture.
2.This Regulation also
applies to products and
equipment, and parts
thereof,
containing
fluorinated greenhouse
gases or whose functioning
relies upon those gases.
2. This Regulation also applies to products and equipment, and parts thereof, containing fluorinated greenhouse gases or whose functioning relies upon those gases.
2. This Regulation also applies toproducts and equipment, and parts thereof, containing fluorinated greenhouse gases or whosefunctioning relies partly or entirely on upon those gases.
Comments
20
c) Definitions (Article 3)
Commission proposal (5) 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
Amendments to Article 3 - Definitions
European Council Position (5) exercising actual power over the technical functioning ofproducts, and equipment or facilities installations covered by this Regulation or the ownerwhere designated by a Member State as being responsible for the
specific cases;
European Parliament Position
undertaking exercising actual power over the technical functioning of products and equipment covered by this Regulation or the owner entity where designated by a Member State as being
specific cases;
obligations in specific cases;
Comments
(6) 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;
(9)
in which all fluorinated greenhouse gas containing
(6)
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, forpayment
or free of charge, the customs release
for free circulation in the Union, and or
the use of substances produced or the
use of products or equipment
manufactured for own use;
(9) means equipment in which all fluorinated greenhouse gascontaining parts are made tight during its
(6) means the supplying or making available to another person within the Union, for the first time, for payment or free of charge, the customsrelease for free circulation in the Union, and the use of substances produced or the use utilisation of products or equipment manufactured for own utilisation use;
21
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;
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 the joints in the sealed system 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;
(10) product which is designed primarily for transporting or storing fluorinated greenhouse gases; (13) reprocessing of a recovered fluorinated greenhouse gas in order to match the equivalent performance of a virgin substance, taking into account its intended use;
(10)
product
receptacle which is designed primarily
for transporting orstoring fluorinated
greenhouse gases;
reprocessing of a recovered fluorinated greenhouse gas to the equivalent performance of a virgin substance, taking into account its intended use, in authorized reclamation facilities that have the appropriate equipment and procedures in place that enable the reclamation of such gases and can assess and attest to the level of the required quality; in order to match the equivalent performance of a virgin substance, taking into account its intended use;
22
(15)
the removal from operation or
usage of a product or
equipment,
containing
fluorinated greenhouse gases,
including the final shut-down
of an installation;
(18) means all activities, excluding recovery in accordance with Article 8 and leak checks in accordance with Article 4 and Article 10(1), point (b), of this Regulation, that entails opening the circuits containing or designed to contain fluorinated greenhouse gases, supplying the system with fluorinated greenhouse gases, removing one or more pieces of circuit or equipment,
(15) permanent removal from operation or usage of a product or equipment, containing fluorinated greenhouse gases, including the final shut-down of an facility installation;
(17)
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;
(18)
all activities, excluding recovery in
accordance with Article 8 and leak
checks in accordance with Article 4 and
Article 10(1), point (b), of this
Regulation, that entails opening the
circuits or other subparts containing
or designed to contain fluorinated
greenhouse gases, supplying the
system with fluorinated greenhouse
gases, removing one or more pieces of
circuit or equipment, reassembling
two or more pieces of circuit or
equipment, as well as repairing leaks
23
reassembling two or more pieces of circuit or equipment, as well as repairing leaks;
and adding fluorinated greenhouse gas to keep the normal working pressure of the equipment;
(19)
(19)
a
substance which have not substance which have not previously
previously been used;
been used;
(23a) [New]
-duty
mass of 3,5 tonnes or less that is designed and constructed primarily to carry goods and that is equipped with a refrigeration unit;
(24) means a vehicle that is designed and constructed to be towed by a truck or a tractor, primarily to carry goods and that is equipped with a refrigeration unit;
(24) vehicle that is designed and constructed to be towed by road vehicle truck or a tractor, primarily to carry goods and that is equipped with a refrigerationunit;
24
(27)
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;
(27)
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;
(35
, in relation to
fluorinated greenhouse gases, their
utilisation of fluorinated greenhouse
gases in the production, maintenance
or servicing, including refilling, of
products and equipment, or in other
activities and processes referred to in
this Regulation;
(37) 'self-contained' means complete factory-made system in a suitable frame 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;
(38) '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
25
refrigerant circuit components at the point of use;
(39) process of treating air to meet the requirements of a conditioned space by controlling its temperature, humidity, cleanliness or distribution;
(40) 'heat pump' means an equipment capable of using ambient heat and/or waste heat from air, water or ground sources to provide heat or cooling 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;
(41) requirements on the safety of using fluorinated greenhouse gases and natural refrigerants or products and equipment containing or relying on them, prohibiting the use of a certain fluorinated greenhouse gas, natural refrigerants, product or equipment at a specific place of intended utilisation due to site and application
It means an air purifier is an air conditioner as it is the case for Heat pumps and refrigeration equipment. Use the proposed definition from Asercom: refrigeration is everything except AC or heating. AC & HP to make reference to comfort applications. AC & HP to make reference to comfort applications.
26
specificities that are either: (i) set out in Union or national law; or (ii) set out in a non-legally binding act, in case (a) they are considered legally binding by applicable law, or (b) a risk assessment proves that a safe use cannot be ensured under the intended conditions and at the location of intended utilisation. (42) of maintaining or lowering the temperature of a product, substance, system or other items below ambient temperature; (43) made of layers containing a foam and a rigid material, such wood or metal, bound to one or both sides; (44) board that is covered by a thin skin layer of a non- rigid material, such as plastic.
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d) Prevention of emissions (Article 4)
Commission proposal 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.
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
Amendments to Article 4 - Prevention of emissions
European Council Position 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 theintended use. Where the release is technically necessary in accordance with the first subparagraph, operators of equipment that contains fluorinated greenhouse gases or facilities where fluorinated greenhouse gases are used shall take all measures that are technically and economically feasible to prevent, to the extent possible, their release into the atmosphere, including by recapturing the gases emitted. 2. Operators and manufacturers of equipment and installations that contains fluorinated greenhouse gases or facilities where fluorinated greenhouse gases are used listed in Annexes I or II, as well as undertakings in possession of such equipment during its transport or
European Parliament position [No change]
[No change]
Comments
28
unintentional release of any such gases. They shall take all measures that are technically and economically feasible to minimise leakage of the gases.
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. 4.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.
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.
3. During the production, storage,
transport, and transfer from one
container or system to another or to
an equipment or installation a
facility, 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.
4. Where a leakage of fluorinated
greenhouse gases listed in Annex I or
II is detected, the operators,
manufacturers of equipment and
facilities where fluorinated
greenhouse gases are used
installations and the undertakings in
possession of the equipment during
its transport, or storage, shall ensure
that the equipment or installation or
facility where fluorinated
[No change] [No change]
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greenhouse gases are used is repaired without undue delay.
Where the equipment is subject to leak checks under Article 5(1), and a leak in the equipment has been repaired, the operators shall ensure that the equipment is checked by a natural person certified in accordance with Article 10 within one month after the repair to verify that the repair has been effective.
5. Without prejudice to Article 11(1), first subparagraph, the placing on the market of fluorinated greenhouse gases shall be prohibited, unless producers or importers provide evidence to the competent authority at the time of such placing, that any trifluoromethane, produced as a byproduct during the manufacturing process, including during the manufacturing of feedstock for their production, has been destroyed or recovered for subsequent use, using best available techniques.
Where the equipment is subject to leak checks under Article 5(1), and a leak in the equipment has been repaired, the operators shall ensure that the equipment is checked by a natural person certified in accordance with Article 10 at the earliest after an operating time of 24 hours but not later than within one month after the repair to verify that the repair has been effective. For mobile equipment listed in Article 5(2a) points (a) to (c), leakage check may be carried out directly after a repair. [No change]
5. Without prejudice to Article 11(1), first subparagraph, the placing on the market of fluorinated greenhouse gases shall be prohibited, unless producers or importers provide evidence to the competent authority at the time of such placing, that any trifluoromethane, produced as a byproduct during the manufacturing process, including during the manufacturing of feedstock for their production, has been destroyed or recovered for subsequent use, using best available techniques.
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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.
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) and the 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
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placing on the market and make them available, upon request, to national competent authorities and to 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).
6.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.
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
6. Natural persons carrying out the tasks referred to in Article 10(1), points (a) to (c), shall becertified in accordance with Article 10 and shall take precautionary measures to prevent leakage of fluorinated greenhouse gases listed in Annexes I, and Annex II and in Annex III when used in electrical switchgear.
Undertakings carrying out the installation, maintenance or servicing, maintenance, repair or decommissioning of the equipment listed in Article 5(2), points (a) to (e f) and Article 5(2a), points (a) and (b), shall be certified in accordance with
The Commission may shall, by means of implementing acts, determine the detailed arrangements relating to and the detailed elements of the declaration of conformityand supporting documentation referred toin the second subparagraph. Those implementing acts shall be adopted in accordance with Article 34(2). [No change]
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greenhouse gases listed in Annexes I and II.
Article 10 and shall take precautionary measures to prevent leakage of fluorinated greenhouse gases listed in Annexes I and Annex II, Section 1.
Natural persons carrying out the maintenance or servicing and repair of air- conditioning equipment with fluorinated greenhouse gases in motor vehicles falling within the scope of Directive 2006/40/EC and mobile equipment listed in Article 5(2a),point (c) shall hold at least a training attestation in accordance with Article 10(2).
6a. Without prejudice to paragraphs to (6), operators shall ensure that sulfuryl fluoride is captured and recovered after fumigation. Operators shall ensure that the recovery is carriedout by appropriately qualified natural persons, so that the gases are recycled, reclaimed or destroyed. For the purpose of providing evidence ofdestruction, 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
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best available recovery technology at that facility, and proof of the measures adopted to recover emissions of sulfuryl fluoride. The effectiveness of the system shall be independently scientifically verified. Where recovery is not technically or economically feasible, operators shall use alternative treatment options, unless such alternative treatment options are not available. In such a case, the operator shall draw up documentation providing evidence of the impossibility of the recovery of sulfuryl fluoride and the absence of alternative treatment options. The operator shall retain the declaration of conformity and the documentation for five years and shall make them available, on request, to the competent authorities ofa Member State and to the Commission.
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e) Leak checks (article 5)
Commission proposal 1. 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.
Amendments to Article 5 Leak checks
European Council Position 1. 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 1, not contained in foams, shall ensure that the equipment is checked for leaks.
European Parliament position 1. 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.
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
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 1, shall not be checked for leaks, provided the equipment is labelled as hermetically sealed. and its connected parts have a tested leakagerate of less than 3 grams per year under a pressure of at least a
Hermetically sealed residential equipment that contains less than 10 tonnes of CO2 equivalent of fluorinated greenhouse gaseslisted 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
Comments
35
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. 2. Paragraph 1 applies to operators of the following equipment that contains fluorinated greenhouse gases listed in Annex I or in Annex II, Section I: (a)stationary refrigeration equipment;
(b)stationary air-conditioning equipment;
(c)stationary heat pumps;
(d)stationary fire protection equipment;
(e)refrigeration units of refrigerated trucks and trailers;
(f)organic Rankine cycles.
(g)electrical switchgear.
quarter of the maximum allowable pressure.
2. Paragraph 1 applies to operators of the following stationary equipment that contains fluorinated greenhouse gases listed in Annex I or in Annex II, Section I1:
(a) stationary refrigeration equipment;
(b) stationary air-conditioning equipment;
(c) stationary heat pumps;
(d) stationary fire protection equipment;
(e) refrigeration units of refrigerated trucks and trailers;
(e f) organic Rankine cycles.
(f g)electrical switchgear.
quarter of the maximum allowable pressure.
2. Paragraph 1 applies to operators of the following equipment that contains fluorinated greenhouse gases listed in Annex I or in Annex II, Section I:
(a)stationary refrigeration equipment;
(b)stationary equipment;
air-conditioning
(c)stationary heat pumps;
(d)stationary
fire
protection
equipment;
(e)refrigeration units of refrigerated trucks and trailers, vans and ships;
(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 of the European Parliament and of the Council* ; *Directive 2006/40/EC of the European Parliament and of the Council of 17 May 2006 relating to emissions from
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air conditioning systems in motor vehicles and amending Council Directive 70/156/EEC (OJ L 161, 14.6.2006, p. 12).
(f)organic Rankine cycles.
2a. Paragraph 1 applies to operators of
the following mobile equipment that
contains fluorinated greenhouse gases
listed in Annex I or in Annex II, Section
1:
(a) refrigeration units of refrigerated
trucks and trailers;
(b) refrigeration units of
refrigerated light-duty
vehicles,
vans, intermodal containers
including reefers and train wagons;
(c) air-conditioning equipment and
heat pumps in trucks, vans, busses,
non road mobile machinery used in
agriculture, farming, mining and
construction operations, tractors,
trains, metros, trams and aircraft.
(g)electrical switchgear.
As regards the equipment referred to in the first subparagraph, points (a) to (f), the checks shall be carried out by natural persons certified in accordance with
As regards the equipment referred to in the first subparagraph 2, points (a) to (e f) andparagraph 2a, points (a) and (b), the checks shall be carried out by natural persons certified in accordance with the rules provided for in Article 10.
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the rules provided for in
Article 10.
As regards the mobile equipment
referred to in the first subparagraph,
point (c), the checks shall be carried
out by natural persons holding at least
a training attestation in accordance
with the rules provided for in Article
10(2).
3. The leak checks referred to in paragraph 1 shall be carried out with the following frequency:
2b. Paragraphs 1, 3 and 4 shall not apply to operators of mobile equipment under points (b) and (c) of paragraph 2a until [OP, please insert the date = three years following the entry into force of this Regulation]. 3. The leak checks referred to in paragraph 1 shall be carried out with the following frequency:
[No change]
(a) for equipment that contains less than 50 tonnes of CO2 equivalent of fluorinated greenhouse gases listed in Annex I or less than 10 kilograms of fluorinated greenhouse gases listed in Annex II, Section I: at least every 12 months; or where a leakage detection system is
(a) for equipment that contains less than 50 tonnes of CO2 equivalent of fluorinated greenhouse gases listed in Annex I or less than 10 kilograms of fluorinated greenhouse gases listed in Annex II, Section I1: at least every 12 months; or where a leakage detection system is installed, at least every 24 months;
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installed, at least every 24 months;
(b) for equipment that contains 50 tonnes of CO2 equivalent or more, but less than 500 tonnes of CO2 equivalent of fluorinated greenhouse gases listed in Annex I or between 10 to 100 kilograms of fluorinated greenhouse gases listed in Annex II, Section I : at least every six months or, where a leakage detection system is installed, at least every 12 months;
(c) for equipment that contains 500 tonnes of CO2 equivalent or more of fluorinated greenhouse gases listed in Annex I or more than 100 kilograms of fluorinated greenhouse gases listed in Annex II, Section I: at least every three months or, where a leakage detection system is installed, at least every six months.
(b) for equipment that contains 50 tonnes of CO2 equivalent or more, but less than 500 tonnes of CO2 equivalent of fluorinated greenhouse gases listed in Annex I or between 10 kilograms or more, but less than 100 kilograms of fluorinated greenhouse gases listed in Annex II, Section I1: at least every six months or, where a leakage detection system is installed, at least every 12 months;
(c) for equipment that contains 500 tonnes of CO2 equivalent or more of fluorinated greenhouse gases listed in Annex I or more than 100 kilograms or more of fluorinated greenhouse gases listed in Annex II, Section I1: at least every three months or, where a leakage detection system is installed, at least every six months.
4a. The obligations set out in paragraph 1 for mobile air-
39
conditioning equipment or heat pumps, as referred to in paragraph 2a point (c), shall be considered to be fulfilled provided the mobile airconditioning equipment or the heat pumps are subject to a regular inspection regime that includes leak checks.
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f) Leakage detection systems (article 6)
Commission proposal 1. Operators of the equipment listed in Article 5(2), points (a) to (d), and containing fluorinated greenhouse gases listed in Annex I in quantities of 500 tonnes of CO2 equivalent or more, shall ensure that the 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.
Amendments to Article 6 Leakage detection systems
European Council Position 1. Operators of the equipment listed in Article 5(2), points (a) to (d), and containing fluorinated greenhouse gases listed in Annex I in quantities of 500 tonnes of CO2 equivalent or more or 100 kilograms or more of gases listed in Annex II, Section 1, shall ensure that the 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 (fe) and (gf), 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 ofany leakage.
European Parliament position [No change]
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
Comments
41
3. Operators of the equipment listed in Article 5(2), points (a) to (d) and (f), that is subject to paragraphs 1 or 2 shall ensure that leakage detection systems are checked at least once every twelve months to ensure their proper functioning.
3. Operators of the equipment listed in Article 5(2), points (a) to (de) and (f), that is subject to paragraphs 1 or 2 shall ensure that leakage detection systems are checked at least once every twelve months to ensure their proper functioning.
pressure- or density-monitoring device. [No change]
4. Operators of the equipment listed in Article 5(2), point (gf), that are subject to paragraph 2 shall ensure that leakage detection systems are checked at least once every six years to ensure their proper functioning.
4. Operators of the equipment listed in Article 5(2), point (gf), that are subject to paragraph 2 shall ensure that leakage detection systems are checked at least once every six years to ensure their proper functioning. 5. Operators of the mobile refrigeration equipment or mobile air-conditioning equipment and heat pumps listed in Article 5(2a) containing fluorinated greenhouse gases listed in Annex I in quantities of 500 tonnes of CO2 equivalent or more and installed from [OP, please insert the date = three years following the entry into force of this Regulation], shall ensure that the equipment is provided with a leakage detection system which alerts the operator or the service personnel of any leakage, as far as the system is housed or operated in a machinery room. The leakage detection systems shall be
[No change]
42
checked as regularly as the installed equipment.
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g) Record keeping (article 7)
Commission proposal 1. Operators of equipment which is required to be checked for leaks pursuant to Article 5(1), shall establish and maintain records for each piece of such equipment specifying the following information:
Amendments to Article 7 Record keeping
European Council Position 1. Operators of equipment which is required to be checked for leaks pursuant to Article 5(1), shall establish and maintain records for each piece of such equipment specifying the following information:
European Parliament position [No change]
(a)the quantity and type of gases installed;
(a) the quantity and type of gases installed, indicating separately, if applicable, quantity added during installation;
(b)the quantities of gases added during installation, maintenance or servicing or due to leakage;
(b) the quantities of gases added during installation, maintenance or servicing or due toleakage;
(b) the quantities of gases added during installation, maintenance or servicing or due toleakage, including the exact timing of such addition;
(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;
(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;
(c) whether
the
quantities recovered gases
have been recycled or
reclaimed, and in which
quantity, including the name
and address in the Union of
the recycling or reclamation
Comments
44
(d)the quantity of gases recovered;
(e)the identity of the undertaking which installed, serviced, maintained and where applicable repaired or decommissioned the equipment, including, where applicable, the number of its certificate;
(d) the quantity of gases recovered;
(e) the identity of the person the undertaking which installed, serviced, maintained and where applicable repaired or decommissioned the equipment, including, where applicable, the number of its certificate, and, in case a legal person is responsible for carrying out these operations, both its identifying details and those of the natural person performing the operations;
facility and, where applicable, the certificate number;
[No change]
(f) the dates and results of the checks carried out under Article 5(1), (2) and (3), as well as the dates and results of any leak repairs;
(f) the dates and results of the checks carried out under Article 5(1), (2) and (3), as well as the dates and results of any leak repairs;
(g) if the equipment was decommissioned, the measures taken to recover and dispose of the gases. 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:
(g) if the equipment was decommissioned, the measures taken to recover and dispose of the gases.
[No change]
[No change]
45
(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.
The records referred to in paragraph 1 shall be made available, on request, to the competent authority of the Member State concerned and to the Commission. 3. For the purpose of Article 11(5), undertakings supplying fluorinated greenhouse gases listed in Annex I and Annex II, Section 1, shall establish records of relevant information on the purchasers of these fluorinated greenhouse gases including the following details:
[No change]
(a) the numbers of certificates of the purchasers;
(b) the respective quantities of those gases purchased.
[No change]
46
The undertakings supplying those gases shall maintain those records for at least five years.
The undertakings supplying these gases shall make such records available, on request, to the competent authority of the Member State concerned and to the Commission.
3a. For the purpose of Article 11(6) the undertakings which sell nonhermetically sealed equipment charged with fluorinated greenhouse gases listed in Annex I and in Annex II, Section 1 shall keep records of equipment sold and of the certified undertakings that will carry out the installation. The record shall be retained by the undertaking selling the equipment referred to in Article 11(6) for a period of at least five years and shall be made available, on request, to the competent authorities of Member States. 3b. Undertakings that produce, including as by-product, place on the market, supply or receive substances listed in Annex I, Section 1, intended for exempted uses referred to in Art. 16(2), shall keep records containing at least
47
the following information, as
applicable:
(a) name of the substance or
mixture;
(b) quantity
produced,
imported,
exported,
reclaimed or destroyed
during the given calendar
year;
(c) quantity supplied and
received during the given
calendar year, per individual
supplier or receiver;
(d) names and contact details of
the suppliers or receivers;
(e) quantity used (specifying
the actual use) during the
given calendar year;
(f) quantity stored on 1 January and 31 December of the given calendar year.
The undertakings shall keep these records for at least 5 years after production, placing on the market, supply or receipt and shall make them available to the Commission or competent authorities of the Member States upon request. The Commission and the competent authorities of the Member States concerned shall ensure
48
4. The Commission may, by means of an implementing act, determine the format of the records referred to in paragraphs 1 and 3 and specify how they should be established and maintained. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 34(2).
confidentiality of information contained in the records. 4. The Commission may, by means of an implementing act, determine the format of the records referred to in paragraphs 1, and 3, 3a and 3b and specify how they should be established and maintained. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 34(2).
[No change]
49
h) Recovery and destruction (article 8)
Commission proposal 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 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.
This obligation applies to operators of any of the following equipment:
(a)the cooling circuits of stationary refrigeration, stationary airconditioning and stationary heat pump equipment;
Amendments to Article 8 Recovery and destruction
European Council Position 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 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.
This obligation applies to operators of any of the following stationary equipment: (a) the cooling circuits of stationary refrigeration, stationary airconditioning equipment and stationary heat pumps equipment;
European Parliament position 1. Operators of stationary equipment or of refrigeration units of refrigerated vans, trucks, and 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.
This obligation applies to operators of any of the following equipment:
(a) the cooling circuits of stationary refrigeration, stationary airconditioning and stationary heat pump equipment;
(b)the cooling circuits of refrigeration units of refrigerated trucks and trailers;
(b) the cooling circuits of refrigeration units of refrigerated trucks and trailers;
(b) the cooling circuits of refrigeration units of refrigerated trucks and trailers and ships;
Comments
50
(c)stationary equipment that contains fluorinated greenhouse gasbased solvents;
(cb) stationary equipment that contains fluorinated greenhouse gasbased solvents;
(c)stationary equipment that contains fluorinated greenhouse gas-based solvents;
(d)stationary fire protection (dc) stationary fire protection (d) stationary fire protection
equipment;
equipment;
equipment;
(e)stationary electrical switchgear. (ed) stationary electrical switchgear. (e)stationary electrical switchgear.
This obligation also applies to operators of any of the following mobile equipment: (a) the cooling circuits of refrigeration units of refrigerated trucks and trailers; (b) the cooling circuits of refrigeration units of refrigerated light-duty vehicles,vans, intermodal containers including reefers and train wagons; (c) the cooling circuits of airconditioning and heat pumps in trucks, vans, busses,non road mobile machinery used in agriculture, farming, mining and construction operations, trains, metros, trams and aircraft.
For the recovery of fluorinated greenhouse gases from airconditioning equipment in motor vehicles falling within the scope of
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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.
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
Directive 2006/40/EC and mobile equipment listed in Article 8(1), third subparagraph, point (b) and (c), only natural persons holding at least a training attestation in accordance with Article 10(2) shall be considered appropriately qualified. 1a. The obligation under paragraph 1 shall not apply to operators of the mobile equipment under Article 8(1), third subparagraph, points (b) and (c) until [OP, please insert the date = three years following the entry into force of this Regulation]. 2. Any recovered fluorinated greenhouse gases listed in Annex I and in Annex II, Section 1,shall not be used for filling or refilling equipment unless the gas has been recycled or reclaimed or when the fluorinated greenhouse gases are recovered during the repair of the equipment. 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 foampanels that contain foams with fluorinated greenhouse gases listed in Annex I and in Annex II, Section 1, the
[No change] [No change]
52
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.
5. 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 builtup 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.
emissions are avoided to the extent possible by handlingrecovery of the foams or the gases contained therein in a way that ensures for their reuse or destruction destruction of the gases contained therin. of the foams and the gases contained therein. The recovery of the gases contained in the foams shall be carried out by appropriately qualified natural persons. 5. 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 builtup structures that contain fluorinated greenhouse gases listed in Annex I and in Annex II, Section 1, the emissions are avoided tothe extent possible by handling recovery of the foams in the boards or the gases contained therein in a way that ensures their destruction of the gases contained therein. The recovery of the gases contained in the foams shall be carried out by appropriately qualified natural persons.for reuse or destruction of the foams and the gases contained therein. The recovery shall be
[No change]
53
carried out by appropriately qualified natural persons.
Where recovery of the foams referred to in the first subparagraph is not technically feasible, the building owner or contractor shall draw up documentation providing evidence for the infeasibility of the recovery in the specific case. Such documentation shall be retained for five years and shall be made available, on request, to the competent authorities of a Member State and to the Commission. 6. 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.
[No change]
6. Operators of products and equipment not listed in paragraphs 1, 46 and 57 that contain fluorinated greenhouse gases listed in Annex I and in Annex II, Section 1, shall arrange forthe 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.
[No change]
54
The recovery of fluorinated greenhouse gases listed in Annex I and Annex II, Section 1, from airconditioning equipment in road vehicles outside the scope of Directive 2006/40/EC of the European Parliament and of the Council 41 shall be carried out by appropriately qualified natural persons.
For the recovery of fluorinated greenhouse gases listed in Annex I and Annex II, Section 1, from airconditioning equipment in motor vehicles falling within the scope of Directive 2006/40/EC only natural persons holding at least a training attestation in accordance with Article 10(2) shall be considered appropriately qualified.
7. Fluorinated greenhouse gases listed in Annex I, Section 1, and products containing such gases shall only be destroyed by technologies approved by the Parties to the 1987 Montreal Protocol on Substances
The recovery of fluorinated greenhouse gases listed in Annex I and in Annex II, Section 1,from airconditioning equipment in road vehicles outside the scope of Directive 2006/40/EC of the European Parliament and of the Council20 shall be carried out by appropriately qualified natural persons holding a training attestation in accordance with Article 10(1). For the recovery of fluorinated greenhouse gases listed in Annex I and Annex II, Section 1,from airconditioning equipment in motor vehicles falling within the scope of Directive 2006/40/EC only natural persons holding at least a training attestation in accordance with Article 10(2). shall be considered appropriately qualified. 7. Fluorinated greenhouse gases listed in Annex I, Section 1, and products containing such gases shall only be destroyed by technologies approved by the Parties to the 1987 MontrealProtocol on Substances
[No change]
approved, but are environmentally equivalent and comply with Union
or by technologies not yet approved, but are environmentally equivalent and comply with Union
55
and national legislation on waste and with additional requirements under such legislation.
and national legislation on waste and with additional requirements under such legislation.
Other fluorinated greenhouse gases
for which destruction technologies
have not been approved, shall only
be destroyed by the most
environmentally
acceptable
destruction technology not entailing
excessive costs, and that comply with
Union and national legislation on
waste and that additional
requirements under such legislation
are met.
Other fluorinated greenhouse gases for which destruction technologies have not been approved, shall only be destroyed by the most environmentally acceptable destructiontechnology not entailing excessive costs, and that comply with Union and national legislation on waste and that additional requirements under such legislation are met.
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
[No change]
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
56
9. Member States shall promote the recovery, recycling, reclamation and destruction of fluorinated greenhouse gases listed in Annex I and Annex II, Section 1.
9. Member States shall promote the recovery, recycling, reclamation and destruction of fluorinated greenhouse gases listed in Annex I and in Annex II, Section 1.
9. Member States shall promote the recovery, recycling, reclamation and destruction of fluorinated greenhouse gaseslisted in Annex I and Annex I, Section 1.
57
i) Producer responsibility schemes (article 9)
Amendments to Article 9 - Producer responsibility schemes
Commission proposal
Without prejudice to existing Union legislation, Member States shall encourage the development of producer responsibility schemes for the recovery of fluorinated greenhouse gases listed in Annexes I and II and their recycling, reclamation or destruction.
European Council Position
Without prejudice to existing Union legislation, Member States shall encourage the development of producer responsibility schemes for the recovery of fluorinated greenhouse gases listed in AnnexesI and II Annex I and in Annex II, Section 1 and for their recycling, reclamation or destruction.
European Parliament position
[TITLE] Extented producer
responsibility schemes
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, taking into account already
applicable producer responsibility
schemes.
1a. The Commission shall, by 31
December 2025, adopt delegated
acts in accordancewith 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.
Comments
58
1b. Member States shall ensure that producers and importers of the 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:
*Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3). (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 on-site recycling.
Member States shall inform the Commission on the actions undertaken.
Member States shall inform the Commission on the actions undertaken.
Member States shall inform the Commission on the actions undertaken.
59
j) Certification and training (article 10)
Commission proposal
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:
(a)installation,
servicing,
maintenance,
repair
or
decommissioning of the equipment
listed in Article 5(2), points (a) to (g);
(b)leak checks of the equipment
referred to Article 5(2), points (a) to
(f), as provided for in Article 5(1);
(c)recovery as provided for in Article
8(1).
Amendments to Article 10 - Certification and training
European Council Position 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 in Annex II, Section 1, in Annex III when used in electrical switchgear and other relevant alternatives to fluorinated greenhouse gases including natural refrigerants: (a) installation, servicing, maintenance, repair or decommissioning of the equipmentlisted in Article 5(2), points (a) to (gf) and in Article 5(2a), points (a) and (b); (b) leak checks of the equipment referred to Article 5(2), points (a) to (fe) and in Article5(2a), points (a) and (b), as provided for in Article 5(1); (c) recovery as provided for in Article 8(1).
European Parliament position
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:
(a)installation,
servicing,
maintenance,
repair
or
decommissioning of the equipment
listed in Article 5(2), points (a) to
(g);
(b)leak checks of the equipment
referred to Article 5(2), points (a) to
(f), as provided for in Article 5(1);
(c)recovery as provided for in
Article 8(1).
Comments
60
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 airconditioning equipment in motor vehicles falling within the scope of Directive 2006/40/EC of the European Parliament and of the Council 42 are available, pursuant to paragraph 5.
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;
2. Member States shall ensure that training programmes for natural persons recovering fluorinated greenhouse gases listed in Annex I and in Annex II, Section I from airconditioning equipment in motor vehicles falling within the scope of Directive 2006/40/EC of the European Parliament and of the Council21 are available, pursuant to paragraph 5. This shall also apply to natural persons recovering fluorinated greenhouse gases listed in Annex I and in Annex II, Section 1 from equipment listed in Article 8(1), third subparagraph, points (b) and (c) as well as natural persons carrying out maintenance or servicing, repair and checks of equipment listed in Article 5(2a), point (c). 3. The certification programmes and training on skills and knowledge provided for inparagraphs 1 and 2 shall cover the following:,
(a) applicable regulations and technical standards; (b) emission prevention
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, pursuantto
paragraph 5.
3. The certification programmes and training provided for in paragraphs 1 and 2 shall cover at least the following,
(a) applicable regulations and technical standards; (b) emission prevention;
61
(c) recovery of fluorinated greenhouse gases listed in Annex I and Annex II, Section 1; (d) safe handling of equipment of the type and size covered by the certificate; and (e)energy efficiency aspects.
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
(c) recovery of fluorinated greenhouse gases listed in Annex I and in Annex II, Section1; (d) safe handling of equipment of the type and size covered by the certificate; (da) and safe handling of equipment with flammable or toxic gases or operating under high-pressure; (e) energy efficiency aspects the measures of improving or maintaining the energy efficiency of equipment during installation or maintenance.
3a. The certification programmes and training under paragraph 3 concerning aircraft shall be reflected in the process of updating the certification specifications and other detailed specifications, acceptable means of compliance and guidance material by the European Aviation Safety Agency pursuant to Article 76(3) and Article 115 of Regulation (EU) 2018/1139 of the European Parliament and of the Council.
(c) recovery of fluorinated greenhouse gases listed in Annex I and Annex II, Section 1; (d) safe handling of equipment of the type and size covered by the certificate; and (e) energy efficiency aspects. (ea) certification for natural alternatives, including their characteristics and benefits compared to the use of fluorinated greenhouse gases, and their safe handling during installation, servicing, maintenance, repair and decommissioning.
[No change]
62
process established in accordance with paragraphs 1, 3 and 5.
5. The Commission shall, by means of implementing acts, establish the minimum requirements for certification programmes and training attestations. Those minimum requirements shall specify, for each type of equipment referred to in paragraphs 1 and 2, the required practical skills and theoretical knowledge, where appropriate, differentiating between different activities to be covered, the modalities of the certification or attestation as well as the conditions for mutual recognition of certificates and training attestations. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 34(2).
5. By [OP, please insert the date = 2 years following the entry into force of this Regulation], tThe Commission shall, by means of implementing acts, establish the minimum requirements for certification programmes and training attestations for the equipment referred to in paragraphs 1 and 2. Those minimum requirements shall specify, for each type of equipment referred to in paragraphs 1 and 2, the required practicalskills and theoretical knowledge, where appropriate, differentiating between different activities to be covered, the modalities of the certification or attestation as well as the conditions for mutual recognition of certificates and training attestations. The Commission shall, by means of implementing acts, adapt, where necessary, the minimum requirements mentioned above. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 34(2).
[No change]
63
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 (f),
containing fluorinated greenhouse
gases listed in Annex I and Annex II,
Section I, and other relevant
alternatives to fluorinated
greenhouse gases 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.
6. By [OP, please insert the date = 1 year following the entry into force of the implementingact under paragraph 5], Member States shall establish or adapt certification programmes for the equipement referred to in paragraphs 1 and 2 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 (fe) and Article 5(2a), points (a) and (b), 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
6a. The Member States shall establish or adapt certification schemes and training programmes pursuant to paragraphs 1, 2, 3 and 6 within six months from the entry into force of this Regulation, where relevant. 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
64
8. 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.
the date = three years following the entry into force of this Regulation] Member States shall ensure that certified natural persons arerequired to participate to refreshment training courses or complete an evaluation process referred to in paragraph 3, at least every seven years. Member States shall ensure that natural persons who already hold a certificate or training attestation under Regulation (EU) No 517/2014 shall participate to such refreshment course or complete such evaluation process for the first time no later than [OP, please insert the date = five years following the entry into force of this Regulation]. 8. By 1 January [OP, please insert the date = one three years following the entry into force of this Regulation] Member States shall notify the Commission of certification and training programmes.
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.
8. 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
65
Member States shall recognise certificates and training attestations issued in another Member State in accordance with this Article. They shall not restrict the freedom to provide services or the freedom of establishment because a certificate was issued in another Member State.
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).
10. Any undertaking which assigns a task referred to in paragraph 1 to another undertaking shall take
Member States shall recognise certificates and training attestations issued in another Member State in accordance with this Article. They shall not restrict the freedom to provide services or the freedom of establishment because a certificate was issued in another Member State.
[No change]
[No change]
the notification with a plan, compiled in consultation with the relevant stakeholders, including social partners, setting out actions to increase certification and training on the relevant alternatives as from the following calendar year.
Member States shall recognise
certificates
and
training
attestations issued in another
Member State in accordance with
this Article. They shall not restrict
the freedom toprovide services or
the freedom of establishment
because a certificate was issued in
another Member State.
9. The Commission shall, by means
of implementing acts, determine
the minimum threshold for actions
to increase certification and
training on relevant alternatives
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).
10. An undertaking may assign a
task referred to in paragraph 1 to
another undertaking only after
66
reasonable steps to ascertain that
the latter holds the necessary
certificates for the required tasks
referred to in paragraph 1.
11. Where the obligations under this
Article relating to the provision of
certification and training would
impose disproportionate burdens on
a Member State because of the small
size of its population and the
consequent lack of demand for such
training
and
certification,
compliance may be achieved
through the recognition of
certificates issued in other Member
States.
Member States applying this
paragraph shall inform the
Commission who shall inform other
Member States.
[No change]
verification that thelatter holds the necessary certificates for the required tasks referred to in paragraph 1. [No change]
12. This Article shall not prevent Member States from setting up further certification and training programmes in respect of equipment other than that referred to in paragraph 1.
12. This Article shall not prevent Member States from setting up further certification and training programmes in respect of equipment and activities other than that referred to in paragraph 1.
[No change]
67
k) Restrictions on placing on the market and sale (article 11)
Amendments to Article 11 - Restrictions on placing on the market and sale
Commission proposal 1. 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.
European Council Position 1. 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 parts of products and equipment required for repair and servicing of existing equipment listed in Annex IV is allowed provided that the repair or servicing does not result in an increase of the capacity of the product or equipment, an increase of the amount of fluorinated greenhouse gas contained in the product or equipment, and there is no change of the type of fluorinated greenhouse gas used that leads to an increase of the global warming potential of the fluorinated greenhouse gas used.
European Parliament position 1. 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.
Comments
68
By way of derogation from the first subparagraph, the placing on the market of parts of equipment required for repairs and servicing of existing equipment shall be allowed provided that the repair or servicing does not result in an increase in the capacity of the equipment or an increase in the amount of fluorinated gases contained in the equipment or of the fluorinated gases used.
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 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 the release of goods for the purpose of import, 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
69
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. 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. 3. 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,
gas prior to the disposal pursuant to Article 8 or for their re- export. [No change]
[No change]
3. 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
Two years Six months following the individual dateslisted 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
[No change]
3. 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,
70
or making available to other persons within the Union for payment or free of charge, use or export of non-refillable 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.
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 in 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 of fluorinated greenhouse gases.
or making available to other persons within the Unionfor 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.
The paragraph applies to: (a)containers which cannot be refilled without being adapted for that purpose (non-refillable); and (b)containers that could be refilled but are imported or placed on the market without provision having been made for their return for refilling.
[No change]
[No change]
3a. Undertakings which place on the market refillable containers for fluorinated greenhouse gases shall produce a declaration of conformity that includes evidence confirming the arrangements in place for the return of that container for the purpose of refilling. Those arrangements shall
71
contain binding obligations for the supplier of the containers to the end-user to comply with the arrangements.
The undertakings referred to in the
first subparagraph shall keep the
declaration of conformity for a
period of at least fiveyears 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.
Suppliers of the containers to end-
users shall keep evidence of the
compliance
with
these
arrangements for a period of at
least five years after supply tothe
end-user 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).
72
4. 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:
4. Following a substantiated request by a competent authority of a Member State and takinginto 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, or, in derogation to Article 13(5), putting into operation new or expanded electrical switchgear, including parts thereof, containing fluorinated greenhouse gases or whose functioning relies upon those gases, where it is demonstrated that:
4. Without prejudice to the derogation for spare parts referred to in subparagraph 1a, 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:
(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
[No Change]
[No change]
(b)the use of technically feasible and safe alternatives would entail disproportionate costs.
Those implementing acts shall be adopted in accordance with the
73
examination procedure referred to in Article 34(2). 5. 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).
5. 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 required under Article 10(1), point (a) or a training attestation required under Article 10(2) shall be allowed to purchase fluorinated greenhouse gases listed in Annex I or in 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 (gi), and Article 10(2). Sellers shall sell or offer for sale, directly or indirectly, such gases exclusively to the undertakings referred to in this paragraph.
[No change]
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 noncertified undertakings, who do not carry out the suchactivities referred to in the first subparagraph, from collecting, transporting or delivering fluorinated greenhouse gases listed in Annex I and in Annex II, Section 1.
74
6. Non-hermetically sealed equipment charged with fluorinated greenhouse gases listed in Annex I and Annex II, Section 1 may only be sold to an end user where evidence is provided that the installation is to be carried out by an undertaking certified in accordance with Article 10.
6. Non-hermetically sealed equipment charged with fluorinated greenhouse gases listed in Annex I and in Annex II, Section 1 may only be sold to an end user where evidence is provided that the installation is to be carried out by an undertaking certified in accordance with Article 10.
[No change]
6a. Undertakings shall only be allowed to place on the market and sell bulk fluorinated greenhouse gases where:
(a) the undertakings either hold a certificate or training attestation required under Article 10 or employ persons holding such a certificate or a training attestation, and
(b) the undertakings are establishedin the Union or have mandated an only representative established in the Union who assumes full responsibility of complying with this Regulation.
The only representative may be the representative mandated pursuant to Article 8 of Regulation (EC) No 1907/2006 of the European Parliament and of the Council.
75
l) Restriction on the export of certain products and equipment containing fluorinated greenhouse gases (article 11a)
Amendments to Article 11a [New] - Restriction on the export of certain products and equipment containing fluorinated greenhouse
gases
Commission proposal
European Council Position
European Parliament position
Comments
The export of products and equipment,
including parts thereof, listed in Annex IV,
with an exemption for military equipment,
shall be prohibited from thedate specified in
that Annex, differentiating, where
applicable, according to the type or global
warmingpotential of the gas contained.
76
m) Labelling and product and equipment information (article 12)
Amendments to Article 12 - Labelling and product and equipment information
Commission proposal 1. The following products and equipment that contain fluorinated greenhouse gases or whose functioning relies upon those gases listed in Annexes I and II, may only be placed on the market if they are labelled:
European Council Position 1. The following products and equipment that contain fluorinated greenhouse gases or whosefunctioning relies upon fluorinated greenhouse those gases listed in Annexes I and II, may only be placed on the market, subsequently supplied or made available to anotherperson if they are labelled:
European Parliament position [No change]
(a) refrigeration equipment; (b) air-conditioning equipment; (c) heat pumps; (d) fire protection equipment; (e) electrical switchgear; (f) aerosol dispenser that contain fluorinated greenhouse gases, including metered dose inhalers; (g) all fluorinated greenhouse gas containers; (h) fluorinated greenhouse gasbased solvents; (i) organic Rankine cycles.
[No change]
Comments
77
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.
[No change]
3. The label required pursuant to paragraph 1 shall indicate the following information:
[No change]
2. Products or equipment subject to an exemption as referred to in Article 11 (4) shall be labelled accordingly, specifying the validity period of the exemption, and shall include a reference that those products or equipment may only be usedfor the purpose for which an exemption under that Article was granted. 3. The label required pursuant to paragraph 1 shall indicate the following information:
(a) an indication that the product or equipment contains fluorinated greenhouse gases or that its functioning relies upon those gases;
[No Change]
(b) the accepted industry designation for the fluorinated greenhouse gases concerned or, if no such designation is available, the chemical name;
(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
(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 quantityof fluorinated greenhouse gases for which the equipment is
78
designed, and the global warming potential of those gases.
The label shall indicate the following information, where applicable:
(a) a reference that the fluorinated greenhouse gases are contained in hermetically sealed equipment;
(b) a reference that the electrical switchgear has a tested leakage rate of less than 0,1 % per year as set out in the technical specification of the manufacturer.
designed, and the global warming potential of those gases, both on a 100- and a 20-year timescale.
[No change]
4. The label required pursuant to paragraph 1 shall be clearly legible and indelible and shall be placed either:
4. [No change]
Where relevant, retrofitted products or equipment containing fluorinated greenhouse gases shall be relabelled with updated information as referred to in this paragraph. [No change]
(a) adjacent to the service ports for charging or recovering the fluorinated greenhouse gas; or
79
(b) on that part of the product or equipment that contains the fluorinated greenhouse gas. The label shall be in the official languages of the Member State in which the good is to be placed on the market.
The label shall be written in the official languages of the Member State in which the goodis to be placed on the market, made available or supplied.
5. Foams and pre-blended polyols that contain fluorinated greenhouse gases listed in Annexes I and II shall not be placed on the market unless the fluorinated greenhouse gases are identified with a label using the accepted industry designation or, if no such designation is available, the chemical name. The label shall clearly indicate that the foam or preblended polyol contains fluorinated greenhouse gases. In the case of foam boards, that information shall be clearly and indelibly stated on the boards.
5. Foams and pre-blended polyols that contain fluorinated greenhouse gases listed in Annexes I and II shall not be placed on the market, made available or supplied unless the fluorinated greenhouse gases are identified with a label using the accepted industry designation or, if no such designation is available, the chemical name. The label shall clearly indicate that the foam or pre-blended polyol contains fluorinated greenhouse gases. In the case of foam boards, that information shall be clearly and indelibly stated on the boards.
[No change]
5a. Where relevant, refilled containers of fluorinated greenhouse gases shall be relabelled with updated information as referred to in the first subparagraph of paragraph 3.
80
6. Reclaimed or recycled fluorinated greenhouse gases shall be labelled with an indication that the substance has been reclaimed or recycled, information on the batch number and the name and address of the reclamation or recycling facility in the Union.
7. Fluorinated greenhouse gases listed in Annex I and placed on the market for destruction shall be labelled with an indication that the contents of the container may only be destroyed. 8. Fluorinated greenhouse gases listed in Annex I and intended for direct export shall be labelled with an indication that the contents of the container may only be directly exported 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.
10. Fluorinated greenhouse gases listed in Annexes I and II placed on the market for etching of semiconductor material or cleaning
6. Reclaimed or recycled fluorinated greenhouse gases listed in Annexes I and II shall be labelled with an indication that the substance has been reclaimed or recycled. In the case of reclamation, information on the batch number and the name and address of the reclamation or recycling facility in the Union shall be included. 7. Fluorinated greenhouse gases listed in Annex I and placed on the market, made available or supplied for destruction shall be labelled with an indication that the contents of the container may only be destroyed. [No change]
9. Fluorinated greenhouse gases listed in Annex I and placed on the market, made available or supplied for use in military equipment shall be labelled with an indication that the contents of the container may only be used for that purpose. 10. Fluorinated greenhouse gases listed in Annexes I and II placed on the market, made available or supplied for etching of semiconductor material or
[No change]
[No change]
[No change]
[No change]
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
81
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. 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.
12. Fluorinated greenhouse gases listed in Annex I and placed on the market for producing metered dose inhalers for the delivery of pharmaceutical ingredients shall be labelled with an indication that the contents of the container may only be used for that purpose.
13. In case of hydrofluorocarbons, the label referred to in paragraphs 7 to 11 shall include the indication
In the absence of the labelling requirements referred to in the first
cleaning of chemicalsvapour 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.
11. Fluorinated greenhouse gases listed
in Annex I and placed on the market,
made available or supplied for
feedstock use shall be labelled with an
indication that the contents of the
container may only be used as
feedstock.
12. Fluorinated greenhouse gases listed
in Annex I, Section 1 and placed on the
market, made available or supplied for
producing metered dose inhalers for
the delivery of pharmaceutical
ingredients shall be labelled with an
indication that the contents of the
container may only be used for that
purpose.
13. In case of fluorinated greenhouse
gases listed in Annex I, Section 1
hydrofluorocarbons,the label referred
to in paragraphs 7 to 11 shall include
quota
under Regulation (EU) No
[OP:
Please add reference to this
Regulation
[No change]
the semiconductor manufacturing sector shall be labelled with an indication that the contents of the container may only be used for that purpose. [No change]
[No change]
13. In case of hydrofluorocarbons,
the labelreferred to in paragraphs 7
to 9 and 11 shall include the
from quota
under Regulation (EU) No
OP:
Please add reference to this
Regulation
In the absence of the labelling requirements referred to in the
82
subparagraph and in paragraphs 7 to 11, the hydrofluorocarbons shall be subject to the quota requirements pursuant to Article 16(1).
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.
15. The information referred to in paragraphs 3 and 5 shall be included in instruction manuals for the products and equipment concerned. In the case of products and equipment that contain fluorinated greenhouse gases in Annexes I and II with a global warming potential of 150 or more that information shall also be included in descriptions used for advertising. 16. The Commission may, by means of implementing acts, determine the format of the labels referred to in paragraph 1 and paragraphs 4 to 14.
14. In the cases referred to in Annex IV, points 3, 8, 12, 16, 18(b) and (c), 19 and 20, the product or equipment shall be labelled with an indication that it may be used only where required by the safety standard to be specified. In the cases referred to in Annex IV, points 20 and 22, the product or equipment shall be labelled with an indication that the product or equipment may only be used where required by the medical application to be specified. [No change]
[No change]
first subparagraph and in paragraphs 7 to 9 and 11, the hydrofluorocarbons shall be subjectto the quota requirements pursuant to Article 16(1). [No change]
[No change]
[No change]
83
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 34(2). 17. The Commission is empowered to adopt delegated acts in accordance with Article 32 amending the labelling requirements set out in paragraphs 4 to 14 where appropriate in view of commercial or technological development.
[No change]
[No change]
84
n) Control of use (article 13)
Amendments to Article 13 - Control of use
Commission proposal 1. The use of sulphur hexafluoride in magnesium die-casting and in the recycling of magnesium die-casting alloys is prohibited. 2. The use of sulphur hexafluoride to fill vehicle tyres is prohibited. 3. 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.
European Council Position [No change]
[No change]
3. The use of fluorinated greenhouse gases, with a global warming potential of 2 500 ormore, to service or maintain refrigeration equipment with a charge size of 40 tonnesof CO2 equivalent or more, is prohibited. From 1 January 20245, the use of fluorinated greenhouse gases listed in Annex I, with a global warming potential of 2 500 or more, forthe servicing or maintenance of all refrigeration equipment is prohibited.
European Parliament position [No change]
[No change]
13. From 1 January 2024, the use of following uses shall be prohibited: the servicing or maintenance of air conditioning and heat pump equipment, mobile and stationary refrigeration equipment and chillers by fluorinated greenhouse gases listed in Annex I, with a global warming potential of 2 500 or more, for.
From 1 January 2030, the
following usesshall be prohibited:
the servicing or maintenance of
stationary
refrigeration
equipment, with the exclusion of
chillers,by fluorinated greenhouse
gases listed in Annex I, with a
Comments
85
global warming potentialof 150 or more is prohibited.
This paragraph shall not apply to military equipment or equipment intended for applications designed to cool products to temperatures below - 50 C.
[No change]
This paragraph shall not apply to military equipment or equipment intended for applications designed to cool medicinal products to temperatures below - 50 C or equipment intended for applications designed to cool nuclear power stations.
The prohibition referred to in the first subparagraph shall not apply to the following categories of fluorinated greenhouse gases until 1 January 2030:
[No change]
The prohibition referred to in the first subparagraph shall not apply to the following categories of fluorinated greenhouse gases until 1 January 2030:
(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 2 500 150 or more used for the maintenance or servicing of existing stationary refrigeration equipment, with the exclusion of chillers, provided that they have been labelled in accordance with Article 12(6);
(aa) reclaimed fluorinated greenhouse gases listed in Annex I, with a global warming potential of
86
(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.
2 500 or more, used for the maintenance or servicing of air conditioning and heat pump equipment, mobile refrigeration and chillers, 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 stationary refrigeration
equipment with the exclusion of
chillers 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;
(ba) 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 air conditioning and heat
pump equipment, mobile
87
refrigeration and chillers, 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 by the undertaking for whichthe 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).
[No change]
3a. From 1 January 2035, the use of fluorinated greenhouse gases listed in Annex I, Section 3 for the servicing or maintenance of electrical switchgear equipment shall be prohibited unless it is reclaimed or recycled, except if it is proved that reclaimed or recycled fluorinated greenhouse gases listed in Annex I, Section 3:
i. cannot be used on the basis of technical grounds; or
ii. are not available in case of an emergency repair situation.
[No change]
In such a cases, the user shall provide evidence, upon request, on the justification for use to the competent authority of the Member State and the Commission.
This paragraph shall not apply to military equipment.
88
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.
5. Putting into operation of the following new or expanded electrical switchgear with fluorinated greenhouse gases is prohibited as follows:
4. The use of desflurane as inhalation anaesthetic is prohibited as from 1 January 2026, except and shall only be permitted when such use is strictly required and no other anaesthetic can be used on medical grounds. The user or when ensured that it is used in combination with a capture system. The healthcare institution shall provide keep evidence, upon request on the medical justification, and provide it, upon request, to the competent authority ofthe Member State and the Commission. 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 is strictly required for a phytosanitary certificate and no other treatment can be used.
5a. By derogation to paragraph 5, switchgear with insulating or breaking medium with GWP lower than 2000 are allowed if, following an open call for tender, given the needs and the specificities of the equipment required for the specific use concerned: 5b. By derogation to paragraph 5aa, switchgear with insulating or breaking medium with a GWP of 2000 or more is allowed if, following an open call for tender, given the needs and the specificities of the equipment required for the specific use concerned, no bidder submitted a tender for switchgear with insulating or breaking medium with a GWP of less than 2000.
scope 89
5c. The documentation establishing the evidence for the derogations listed in paragraphs 5aa and 5ab shall be kept by the operator for at least five years after the respective dates specified under paragraph 5 and shall be made available to the competent authority of the Member State and to the Commission, upon request. 5d. Paragraph 5 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 operation, its life cycle CO2 emissions would be lower than those of equivalent equipment which meets the relevant ecodesign requirements. 6. The placing on the market of parts of equipment required for repair, expansion and servicing of existing electrical switchgear is allowed provided there is no change of the type of fluorinated greenhouse gas used that leads to an increase of the global warming potential of the fluorinated greenhouse gas used.
7. Putting into operation any equipment listed in Annex IV points 3(c), 12, 16(b), 16(c), 18(b), 18(ba), 18(c) and 18(d) after the respective prohibition date specified in these points is prohibited unless:
(a) the relevant safety requirements at the particular location do not permit the installation of equipment using fluorinated greenhouse gases below
90
the GWP value specified in the respective prohibitions; or (b) evidence is provided that the equipment was placed on the market before the relevant prohibition date listed in Annex IV. 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.
91
o) Production of hydrofluorocarbons (article 14)
Commission proposal
1. The production of hydrofluorocarbons is allowed to the extent that producers have been allocated productions rights by the Commission as set out in this Article.
Amendments to Article 14 - Production of hydrofluorocarbons
European Council Position
European Parliament position
For the purpose of this Article, Article
15 and Annex V, the production of
hydrofluorocarbons is the amount of
hydrofluorocarbons produced minus
the amount destroyed by technologies
approved by the Parties to the
Protocol, and minus the amount
entirely used as feedstock in the
manufacture of other chemicals, but
including
hydrofluorocarbons
generated as a by-product, unless not
captured or unless that by-product is
destroyed as part of or after the
manufacturing process by the
producer or handed over to another
undertaking for destruction. No
amount reclaimed shall be considered
in the calculation of the production of
hydrofluorocarbons.
[No change]
[No change]
Comments
92
2. The Commission shall, by means of implementing acts, allocate production rights on the basis of Annex V for producers that produced hydrofluorocarbons in 2022, based on data reported under Article 19 of Regulation (EU) No 517/2014. Such implementing acts shall be adopted in accordance with Article 34(2). 3. The Commission may, by means of implementing acts, at the request of the competent authority of a Member State, amend the implementing acts referred to in paragraph 2 in order to allocate additional production rights to the producers referred to in paragraph 2 or any other undertakings established in the Union, while respecting the production limits of the Member State under the Protocol. Such implementing acts shall be adopted in accordance with Article 34(2).
[No change]
3. The Commission may, by means of implementing acts, at the request of the competent authority of a Member State, amend the implementing acts referred to in paragraph 2 in order to allocate additional production rights to the producers referred to in paragraph 2 or any other undertakings established in the Union, unless while respecting the production limits of the Member State under the Protocol are exceeded. Such implementing acts shall be adopted in accordance with Article 34(2).
[No change] [No change]
3a. In absence of an implementing act being effective by the date specified in Article 38 second subparagraph, producers may continue to produce without production rights being allocated. The hydrofluorocarbons produced during such period will
93
count towards the allocation of production rights once issued.
4. Three years following the adoption of the implementing acts referred to in paragraph 2, and every three years thereafter, the Commission shall review and amend if needed these implementing acts, taking into account the changes to the production rights pursuant to Article 15 during the preceding three years period. Such implementing acts shall be adopted in accordance with Article 34(2).
[No change]
[No change]
94
p) Transfer and authorisation of production rights for industrial rationalisation (article 15)
Amendments to Article 15 - Transfer and authorisation of production rights for industrial rationalisation
Commission proposal
1. For the purpose of industrial rationalisation within a Member State, producers may transfer totally or partially their production rights to any other undertaking in that Member State, as long as the production limits of Parties under the Protocol are respected. Transfers shall be approved by the Commission and the relevant competent authorities and carried out via the F-gas Portal. 2. For the purpose of industrial rationalisation between Member States, the Commission may, in agreement with both the competent authority of the Member State in which
situated, and the competent authority of the Member State in which excess production rights are available, authorise via the F-gas Portal that producer to exceed its production referred to in Article 14(2) by a specified
European Council Position
1. For the purpose of industrial rationalisation within a Member State, producers may transfer totally or partially their production rights to any other undertaking in that Member State, aslong as the calculated levels of production limits of Parties under the Protocol are respected. Transfers shall be approved by the Commission and the relevant competent authorities and carried out via the F-gas Portal. 2. For the purpose of industrial rationalisation between Member States, the Commission may, in agreement with both the competent authority of the Member
relevant production is situated, and the competent authority of the Member State in which excess calculated levels of production rights under the Montreal Protocol are available, authorise via the F-gas Portal that producer to exceed its production rights referred to in Article 14(2) by a specified amount,
European Parliament position [No change]
[No change]
Comments
95
amount, considering conditions set out considering the conditions set out in the
in the Protocol.
Protocol.
3. The Commission may, in agreement with both the competent authority of
relevant production is situated and the competent authority of the third country Party concerned, authorise a producer to combine the calculated levels of production referred to in Article 14(2) with the calculated levels of production allowed to a producer in a third country Party under the Protocol
for the purpose of industrial rationalisation with a third country Party, provided that the combined calculated levels of production by the two producers do not lead to an exceedance of production rights under the Montreal Protocol and any relevant national legislation is respected.
3. The Commission may, in agreement with both the competent authority of the Member relevant production is situated and the competent authority of the third country Party concerned, authorise a producer to combine the calculated levels ofproduction rights referred to in Article 14(2) with the calculated levels of production allowed to a producer in a third country Party under the
national legislation for the purpose of industrial rationalisation with a third country Party, provided that the combined calculated levels of production by the two producers do not lead to an exceedance of calculated levels of production rights of the two Parties production rights under the Montreal Protocol and any relevant national legislation is respected.
[No change]
96
q) Reduction of the quantity of hydrofluorocarbons (article 16)
Amendments to Article 16 - Reduction of the quantity of hydrofluorocarbons placed on the market
Commission proposal 1. The placing on the market of hydrofluorocarbons is only allowed to the extent that producers and importers have been allocated quotas by the Commission as set out in Article 17.
European Council Position 1. The placing on the market of hydrofluorocarbons is only allowed to the extent that producers and importers have been allocated quotas by the Commission as set out inArticle 17.
European Parliament position [No change]
Comments
Producers and importers shall ensure that the quantities of hydrofluorocarbons they place on the market do not exceed their respective quota available to them at the moment of placing on the market.
2. Paragraph 1 shall not apply to hydrofluorocarbons that are:
Producers and importers placing hydrofluorocarbons on the market shall not exceedtheir respective quota available to them at the moment of placing on the market ensure that the quantities of hydrofluorocarbons they place on the market do not exceedtheir respective quota available to them at the moment of placing on the market. [No change]
2. Paragraph 1 shall not apply to hydrofluorocarbons that are:
(a)imported into the Union for destruction;
(a)imported into the Union for destruction;
(b)used by a producer in feedstock applications or supplied directly by a producer or an importer to
(b)used by a producer in feedstock applications or supplied directly by a producer or an importer to
97
undertakings for use in feedstock applications;
(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;
(d)supplied directly by a producer or an importer for use in military equipment;
(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.
3. The Commission is empowered to adopt delegated acts in accordance with Article 32 to amend paragraph 2 and exclude from the quota requirement laid down in paragraph 1 hydrofluorocarbons in accordance
[No change]
undertakings for use in feedstock applications;
(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;
(d)supplied directly by a producer or an importer for use in military equipment;
(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. 3. The Commission is empowered to adopt delegated acts in accordance with Article 32 to amend paragraph 2 and exclude from the quota requirement laid down in paragraph 1 hydrofluorocarbons in accordance
scope
98
with decisions of the Parties to the Protocol.
4. 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:
[No change]
with decisions of the Parties to the Protocol.
The Commission shall continuously
supply market. The Commission is empowered to adopt delegated acts in accordance with Article 32 to amend paragraph 2 of this Article and exclude from the quota system laid down in paragraph 1 of this Article semiconductor materials or vapour deposition chambers within the semiconductor sector, where it identifies that, as a consequence of the inclusion of the semiconductor sector in the hydrofluorocarbon quota system, there are shortages or disruptions of
semiconductor materials or of vapour deposition chambers.
4. Following a substantiated request by a competent authority of a Member State or an EU Agency 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 categoriesof products or
99
(a) for those particular applications, products or equipment, alternatives are not available, or cannot be used for technical or safety reasons; and
(b) a sufficient supply of hydrofluorocarbons cannot be ensured without entailing disproportionate costs.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 34(2).
5.
The
emission
of
hydrofluorocarbons
during
production shall be considered as
being placed on the market the year
in which they occur
6. This Article and Articles 17, 20 to
29 and 31 shall also apply to
hydrofluorocarbons contained in
pre-blended polyols.
[No change] [No change]
equipment, where it is demonstrated in the request that: (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 (b) [No change]
[No change]
[No change]
[No change]
100
r) Determination of reference values and allocation of quotas for placing hydrofluorocarbons on the market (article 17)
Amendments to Article 17 - Determination of reference values and allocation of quotas for placing hydrofluorocarbons on the market
Commission proposal 1. By 31 October [OP: Please insert the year of application of this Regulation] and every three years thereafter, the Commission shall determine reference values for producers and importers in accordance with Annex VII for the placing on the market of hydrofluorocarbons.
European Council Position [No change]
European Parliament position [No change]
Comments
The Commission shall determine those reference values for all importers and producers that imported or produced hydrofluorocarbons during the previous three years, by means of an implementing act determining references values for all importers and producers. Those implementing acts shall be adopted in accordance with the examination procedure referred to in 34(2).
2. Only importers and producers that have [No change]
[No change]
experience in trading activities of
chemicals for three consecutive years prior
to the quota allocation period, shall be
allowed to submit a declaration referred to
101
in Article 17(3) or receive a quota allocation on that basis pursuant to Article 17(4). The importers and producers shall submit evidence to this effect, on request, to the Commission. 3. For the purpose of registration in the Fgas Portal, importers and producers shall provide a physical address where the company is located and from where it conducts its business. Only one undertaking shall be registered under the same physical address.
[No change]
[No change]
For the purpose of submitting a quota declaration pursuant to Article 17(3) and receiving a quota allocation pursuant to Article 17(4) as well as for the purpose of determining reference values pursuant to Article 17(1), all undertakings that share the same beneficial owner, shall be considered as one single undertaking. Only that single undertaking, which is the one registered first in the registry unless indicated otherwise by the beneficial owner, shall be entitled to a reference value pursuant to Article 17(1) and a quota allocation pursuant to Article 17(4).
4. By 31 December [PO: Please insert the year of application of this Regulation], and every year thereafter, the Commission shall allocate quotas for each importer and
[No change]
[No change]
102
producer for placing hydrofluorocarbons on the market, pursuant to Annex VIII. Quotas shall be notified via the F-gas Portal to importers and producers. 5. 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).
5. The allocation of quotas is subject to the payment of the amount due which equals to three two 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 their 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).
5. 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 in the period 2024-2026 and shall increase every three years thereafter so as to ensure a constant revenue, in light of the quota phase-down set out 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 procedurereferred to in 34(2).
103
Importers and producers may pay only for a part of the calculated maximum quota allocation offered to them. In such a case, these importers and producers shall be allocated the quota corresponding to the payment made by the set deadline.
Importers and producers may pay only for a part of the calculated maximum quota allocation offered to them. In such a case, these importers and producers shall be allocated the quota corresponding to the payment made by the set deadline.
[No change]
The Commission shall redistribute the quota for which a payment has not been made by the set deadline, free of charge, to only those importers and producers that have paid the total amount due for their calculated maximum quota allocation referred to in the first subparagraph and that have made a declaration referred to in paragraph 3. This distribution shall be made on the basis of each importer's or
maximum calculated quota offered to and paid for in full by those importers and producers.
Until [OP please insert the year = 3 years following the date of entry into force of this Regulation], tThe Commission shall redistribute the quota for which a payment has not been made by the set deadline, free of charge, to only those importers and producers that have paid the total amount due for their calculated maximum quota allocation referred to inthe first subparagraph and that have made a declaration referred to in paragraph 3. This distribution shall be made on the basis of
[No change]
share of the sum of all the maximum calculated quota offered to and paid for in full by those importers and producers. From [OP please insert the year
104
= 4 years following the date of entry into force of this Regulation], the quota for which a payment has not been made by the set deadline shall be cancelled.
The Commission shall be authorised not to fully allocate the maximum quantity referred to in Annex VII or allocate additional quotas, as contingency for implementation issues during the allocation period.
[No change]
[No change]
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.
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 in order to compensate for the inflation. and the mechanism to allocate remaining quotas, where necessary to prevent major disruptions of the market of hydrofluorocarbons, or where themechanism is not fulfilling its purpose and is having undesirable or unintended effects.
6. The Commission is empowered to adopt delegated acts in accordance with Article 32 to amend paragraph 5 as regardsthe 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, including on public health and the users of MDIs.
105
6a.
6a. By ... [one year following
the entry into force of this
Regulation] and every year
thereafter, the Commission shall
assess, in consultation with
relevant stakeholders, the impact
of the HFC quota phase-down on
pump market,
and shall submit a report to the
European Parliament and the
Council.
The Commission is empowered to adopt delegated acts in accordance with Article 32 to amend paragraph 5 as regards 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.
The Commission shall adopt delegated acts in accordance with Article 32 to amend Annex VII and allow a limited amount of additional quotas for placing on the Union market HFCs to be used in heat pumps until the year 2029, where the assessment referred to in the first subparagraph concludes that the HFC quota phase-down set out in Annex VII
heat pump market to an extent which would endanger the attainment of the RePowerEU heat pump deployment targets.
In the report referred to in the first subparagraph the Commission shall provide a justification for its
106
decision toadopt or not to adopt the delegated acts referred to in the second subparagraph.
6b. Following a substantiated
request by a competent
authority of a Member State and
taking into account the
objectives of this Regulation, the
Commission shall assess the
impact
of
the
hydrofluorocarbons
quota
phase-down laid out in Annex
VII on the Union
market. Where the assessment
concludes
that
the
hydrofluorocarbons phase-
down creates verified cases of
shortage of hydrofluorocarbons
for specific uses, which may
endanger the attainment of the
Where the Commission adopts a delegated acts as referred to in the second subparagraph, the additional quotas shall be distributed to producers and importers, following their requests, submitted to the F-gas Portal, accompanied by evidence, in the form of sales contracts, that the quotas are to be used for heat pumps.
107
heat pumps deployment rate target provided under the Commission Communication of 18 May 2022 entitled
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
Commission may adopt delegated acts in accordance with Article 32 to amend Annex VII in order to allow the placing on the market of a quantity of hydrofluorocarbons in addition to the quotas under Annex VII, respectively up to 4 410 247 tons for the period 2024-2026 or up to 1 425 536 tons for the period 20272029. 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
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
108
these costs shall be entered into the general budget of the Union.
of implementation of this Regulation and for ensuring compliance with the Protocol. The revenue used to cover these costs shall not exceed the maximum annual amount of 3 million euros. Any revenue remaining after covering these costs shall be entered into the general budget of the Union.
purpose of implementation of this Regulation;
(b) to cover the costs for ensuring compliance with the Protocol;
(c) to support capacity building at
implementation and enforcement of this Regulation, including in relation to the fight against online sales of illegal fluorinated gases and the destruction of seized illegal fluorinated gases; and
(d) to accelerate the deployment of alternatives to fluorinated gases, particularly in sectors incurring high mitigation costs, and in the heat pump sector, 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 generalbudget of the Union.
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s) Conditions for registration and receiving quota allocations (article 18)
Amendments to Article 18 - Conditions for registration and receiving quota allocations
Commission proposal
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 .
2. Only importers and producers that have experience in trading activities of chemicals for three consecutive years prior to the quota allocation period, shall be allowed to submit a declaration referred to in Article 17(3) or receive a quota allocation on that basis pursuant to Article 17(4). The importers and producers shall
European Council Position [No change]
2. Only importers and producers that have experience in trading activities of chemicals or inservicing refrigeration, air conditioning, heat pumps or fire protection equipment for three consecutive years prior to the quota allocation period, shall be allowed to submit a declaration referred to in Article 17(3) or receive a quota
European Parliament position
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
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 Council.
[No change]
Comments
110
submit evidence to this effect, on request, to the Commission.
3. For the purpose of registration in the F-gas Portal, importers and producers shall provide a physical address where the company is located and from where it conducts its business. Only one undertaking shall be registered under the same physical address. For the purpose of submitting a quota declaration pursuant to Article 17(3) and receiving a quota allocation pursuant to Article 17(4) as well as for the purpose of determining reference values pursuant to Article 17(1), all undertakings that share the same beneficial owner, shall be considered as one single undertaking. Only that single undertaking, which is the one registered first in the registry unless indicated otherwise by the beneficial owner, shall be entitled to a reference value pursuant to Article 17(1) and a quota allocation pursuant to Article 17(4).
allocation on that basis pursuant to Article 17(4). The importers and producers shall submit evidence to this effect, on request, to the Commission. [No change]
[No change]
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t) Pre-charging of equipment with hydroflurocarbons (article 19)
Amendments to Article 19 - Pre-charging of equipment with hydrofluorocarbons
Commission proposal 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.
2. 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.
European Council Position 1. Refrigeration and, air conditioning equipment and, heat pumps equipment and metered dose inhalers charged with hydrofluorocarbons substances listed in Annex I, Section 1 shall not be placed on the market unless hydrofluorocarbons those substances charged intothe equipment or products are accounted for within the quota system referred to in this Chapter. 2. When placing pre-charged equipment or products 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.
European Parliament position 1. Refrigeration, air conditioning, MDIs 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.
2. 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.
By drawing up the declaration of conformity, manufacturers and importers of equipment shall assume
By drawing up the declaration of conformity, manufacturers and importers of equipment or products shall assume responsibility for
By drawing up the declaration of
conformity, manufacturers and
importers of equipment or
products
shall
assume
Comments
112
responsibility for compliance with compliance with this paragraph and responsibility for compliance with
this paragraph and paragraph 1.
paragraph1.
this paragraph and paragraph 1.
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.
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.
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.
3. 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.
3. 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 or products, 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 reasonablelevel of assurance by an independent auditor registered in the F-gas Portal.
3. 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 ofthis 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
113
auditor registered in the F-gas Portal.
The independent auditor shall be [No change] either:
[No change]
(a)accredited pursuant to Directive 2003/87/EC of the European Parliament and of the Council 44 ; or,
(b)accredited to verify financial statements in accordance with the legislation of the Member State concerned. 4. The Commission shall, by means of implementing acts, determine the detailed arrangements relating to the declaration of conformity referred to in paragraph 2, the verification by the independent auditor and of the accreditation of verifiers. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 34(2). 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
[No change] [No change]
[No change]
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
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only representative may be the same as the one mandated pursuant to Article 8 of Regulation (EC) No 1907/2006.
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.
6. This Article shall not apply to undertakings that placed on the market less than 100 10 tonnes of CO2 equivalent of hydrofluorocarbons, per year, contained in the equipment or products referred to in paragraph 1.
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. 6. This Article shall not apply to undertakings that placed on the market lessthan 100 tonnes of CO2 equivalent of hydrofluorocarbons, per year, contained in the equipment or products referred to in paragraph 1.
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u) The F-gas portal (article 20)
Commission proposal 1. The Commission shall set up and ensure the operation of an electronic system for the management of the quota system, licensing of imports and exports and
2. The Commission shall ensure the interconnection of the F-gas Portal with the European Union Single Window Environment for Customs through the European Union Customs Single Window - Certificate Exchange System established by
Amendments to Article 20 - The F-gas Portal
European Council Position [No change]
European Parliament position [No change]
[No change]
[No change]
reference to be inserted once that Regulation has been adopted]. 3. Member States shall ensure the interconnection of their national single window environments for customs with the European Union Customs Single Window - Certificate Exchange System for the purpose of exchanging information with the Fgas Portal.
[No change]
[No change]
Comments
116
4. 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:
4. 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:
4. 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:
(a) the import or export of fluorinated greenhouse gases and products and equipment containing fluorinated greenhouse gases except in cases of temporary storage, pursuant to Article 5(17) of the Regulation (EU) No 952/2013;
(a)submitting a declaration (a)submitting a declaration pursuant (a) [No change]
pursuant to Article 17(3);
to Article 17(3);
(b)receiving a quota allocation for the placing on the market of hydrofluorocarbons in accordance with Article 17(4) or making or receiving a quota transfer in accordance with Article 21(1) or making or receiving an authorisation to use quota in accordance with Article 21(2) or delegating that
(b) [No change]
(b) [No change]
117
authorisation to use quota in accordance with Article 21(3);
(c) supplying, or receiving hydrofluorocarbons for the purposes listed in points (a) to (e) of Article 16(2);
(c) [No change]
(c) supplying, or receiving hydrofluorocarbons for the purposes listedin points (a) to (e) (d) of Article 16(2);
(d) for carrying out the activities that require reporting under Article 26;
(e) for receiving production rights pursuant to Article 14 and for making or receiving a transfer and an authorisation of production rights referred to in Article 15;
(d) for carrying out the all other activities that require reporting under Article 26; (e) for receiving production rights pursuant to Article 14 and for making or receiving a transfer and an authorisation of production rights referred to in Article 15;
[No change]
(f) for verifying reports referred to in (f) for verifying reports referred to in
Articles 19(3) and 26(8).
Articles 19(3) and 26(8).
Registration shall be valid only once the Commission validates it and for as long as it is not suspended or revoked by the Commission or withdrawn by the undertaking.
[No change]
5. A valid registration in the F-Gas Portal at the moment of import or export constitutes a licence required under Article 22.
[No change]
[No change]
118
6. The Commission shall, to the extent necessary, by means of implementing acts, ensure the smooth functioning of the F-gas Portal. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 34(2).
7. The competent authorities, including customs authorities, of the Member States shall have access to the F-gas Portal to enable the implementation of the relevant requirements and controls. Access to the F-gas Portal by customs authorities shall be ensured via the European Union Single Window Environments for Customs. The Commission and competent authorities of the Member States shall ensure the confidentiality of the data included in the F-gas Portal.
8. Any requests by importers and producers for corrections of the information recorded in the F-gas Portal, by themselves, concerning transfers of quota referred to in Article 21(1), authorisations to use
6. The Commission shall, to the extent necessary, by means of implementing acts, clarify therules of registration to ensure the smooth functioning of the F-gas Portal and compatibility with the European Union Single Window Environments for Customs. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 34(2). [No change]
[No change]
[No change]
7. The Commission and competent
authorities of the Member States
shall ensure that the following
data included in the F-gas Portal is
publicly available:
(a) regularly updated quota
allocation and quota
transfers;
(b) a list of registered
importers and producers;
(c) data on imports, including
points of entry and type of
HFC;
(d) temporary storage data;
facility-level
chemical
destruction data.
[No change]
119
quota referred to in Article 21(2) or delegations of authorisations referred to in Article 21(3), shall be communicated, with the consent of all undertakings involved in the transaction, to the Commission without undue delay and at the latest until 31 March of the year following the year of the recording of the transfer of quota or the authorisation to use quota and shall be substantiated with evidence establishing that it concerns a clerical error. Notwithstanding the conditions set out in the first subparagraph, requests for corrections of data that negatively affect the entitlements of other importers and producers not involved in the underlying transaction shall be refused.
9. The Commission shall make publicly available a list of quota holders no later than three months after the allocation is completed for a given year, subject to business confidentiality and protection of personal data.
AM 114/Art 21 p 89
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v) Transfer of quotas and authorisation to use quotas for the placing on the market of hydrofluorocarbons in imported equipment (Article 21)
Amendments to Article 21 Transfer of quotas and authorisation to use quotas for the placing on the market of hydrofluorocarbons in
imported equipment
Commission proposal
European Council Position
European Parliament position
Comments
1. Any producer or importer for [No change]
[No change]
whom a reference value has
been determined pursuant to
Article 17(1) may transfer in the
F-gas Portal its quota allocation
on the basis of Article 17(4), for
all or any quantities, to another
producer or importer in the
Union or to another producer or
importer which is represented
in the Union by an only
representative referred to in
Article 18(1).
Transferred quota as referred to in the first subparagraph shall not be transferred a second time.
2. Any producer or importer for whom a reference value has been determined pursuant to Article 17(1), may authorize in the F-gas Portal an undertaking
[No change]
[No change]
121
in the Union or represented in
the Union by an only
representative referred to in
Article 19(5), to use all or part of
its quota for the purpose of
importing
pre-charged
equipment referred to in Article
19.
The respective quantities of
hydrofluorocarbons shall be
deemed to be placed on the market
by the authorising producer or
importer at the moment of the
authorisation.
3. Any undertaking receiving [No change]
[No change]
authorisations may delegate that
authorisation to use quotareceived
in accordance with paragraph 2 in
the F-gas Portal to an undertaking
for the purpose of importing pre-
charged equipment referred to in
Article 19. A delegated
authorisation shall not be delegated
a second time.
4. Transfers of quota, [No change]
[No change]
authorisations to use quota and
delegations of authorisations
carried out via the F-gas Portal
shall only be valid if the
receiving undertaking accepts it
via the F-gas Portal.
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w) Imports and exports (Article 22)
Commission proposal 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). Fluorinated greenhouse gases imported into the Union shall be considered as virgin gases.
Amendments to Article 22 Imports and exports
European Council Position 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) and 20(5).
Fluorinated greenhouse gases imported into the Union shall be considered as virgin gases.
European Parliament position 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). Fluorinated greenhouse gases imported into the Union shall be considered as virgin gases.
This paragraph does not apply to products and equipment that are personal effects. The export of refrigeration and air conditioning equipment and heat pumps that are referred to in Annex IV that contain or whose functioning relies upon fluorinated greenhouse gases listed in Annex I, Section 1 with a GWP of 2000 or more shall be prohibited, unless such equipment can be placed on the
Comments
123
market in the EU in accordance with Annex IV.
Undertakings established in the Union shall take all necessary measures to ensure the export of refrigeration and air conditioning equipment, and heat pumps, does not violate import restrictions the importing country has notified under the Montreal Protocol.
1a. By way of derogation from the first paragraph of this Article and from Article 20, the Commission shall, by means of implementing acts, establish simplified rules for registration in the F-gas Portal in the case of temporary storage as defined in Article 5(17) of Regulation (EU) No 952/2013. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 34.
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x) Controls of Trade (Article 23)
Commission proposal 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. 2. For the purpose of release for free circulation, the undertaking holding quota or authorisations to use quota as required under this Regulation and registered in the F-gas Portal pursuant to Article 20 shall be the importer indicated in the customs declaration. For the purpose of imports, other than release for free circulation, the undertaking registered in the F-gas Portal pursuant to Article 20 shall be the declarant indicated in the customs declaration. For the purpose of exports, the undertaking registered in the F-gas Portal pursuant to Article 20 shall be the exporter indicated in the customs declaration.
Amendments to Article 23 - Controls of trade
European Council Position [No change]
European Parliament position [No change]
[No change]
[No change]
Comments
125
3. In cases of imports of fluorinated greenhouse gases and of products and equipment containing those gases or whose functioning relies upon those gases the importer, or where not available the declarant, indicated in the customs declaration or in the temporary storage declaration, and in cases of exports the exporter indicated in the customs declaration, shall provide to customs authorities in the declaration the following, where relevant:
3. In cases of imports of fluorinated greenhouse gases and of products and equipment containing those gases or whose functioning relies upon those gases the importer, or where not available the declarant, indicated in the customs declaration or in the temporary storagedeclaration, and in cases of exports the exporter indicated in the customs declaration, shall provide to customs authorities in the declaration the following, where relevant:
[No change]
(a) the F-gas Portal registration identification number; (b) the Economic Operators Registration and Identification (EORI) number; (c) the net mass of bulk gases and of gases charged in products and equipment; (d) the commodity code under which the goods are classified; (e) the tonnes of CO2 equivalent of bulk gases and of gases contained in products or equipment, and parts thereof.
[No change]
126
4. Customs authorities shall verify, in particular, that in cases of release for free circulation, the importer indicated in the customs declaration has quota or authorisations to use quota as required by this Regulation before releasing the goods for free circulation. Customs authorities shall also ensure that in cases of imports the importer indicated in the customs declaration, or where not available the declarant, and in cases of exports the exporter, indicated in the customs declaration is registered in the F-gas Portal pursuant to Article 20. 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. 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
[No change]
[No change]
6. Importers of fluorinated
greenhouse gases listed in Annex I and
in Annex II, Section 1, in refillable
containers as reffered to in Article 11
(3) (b) 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
[No change]
[No change]
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
127
place for the return of the container for the purpose of refilling.
arrangements in place for the return of the container for the purpose of refilling.
place for the return of the container for the purpose of refilling.
7. Importers of fluorinated [No change]
[No change]
greenhouse gases shall make
available to customs authorities, at
the time the customs declaration
related to the release for free
circulation in the Union is
submitted, the evidence referred to
in Article 4(5).
8. The declaration of conformity and [No change]
[No change]
the documentation referred to in
Article 19(2) shall be made available
to customs authorities at the time
the customs declaration related to
the release for free circulation in the
Union is submitted.
9. Customs authorities shall verify [No change]
[No change]
compliance with the rules on
imports and exports set out in this
Regulation when carrying out the
controls based on risk analysis in the
context of Customs Risk
Management Framework and in
accordance with Article 46 of
Regulation (EU) No 952/2013. The
risk analysis shall take into account,
in particular, any available
information on the likelihood of
illegal trade of fluorinated
greenhouse gases, and the
128
compliance history of the undertaking concerned.
10. Based on risk analysis, when carrying out physical customs controls of the gases and products covered under this Regulation, the customs authority shall, in particular, verify the following on imports and exports:
Based on risk analysis, when carrying out physical customs controls of the gases, and products and equipment covered under this Regulation, the customs authority shall, in particular, verify the following on imports and exports:
(a) that the goods presented correspond to those described in the licence and in the customs declaration;
(a) that the goods presented correspond to those described in the licence and in the customs declaration;
(b)that the product or equipment presented does not fall under the restrictions referred to in Article 11(1) and (3);
(b) that the product or equipment presented does not fall under the restrictions referred to in Article 11(1) and (3);
(c)that the goods are appropriately labelled in accordance with Article 12 before releasing the goods for free circulation.
(c) that the goods are appropriately labelled in accordance with Article 12 before releasing the goods for free circulation.
The importer, or where not The importer, or where not available
available the declarant, or exporter the declarant, or exporter shall make
shall make their licence available to their licence available to customs
customs authorities during controls authorities during controls in
in accordance with Article 15 of accordance with Article 15 of
Regulation (EU) No 952/2013.
Regulation (EU) No 952/2013.
129
11. Customs authorities or market surveillance authorities shall take all necessary measures to prevent attempts to import or export the substances and the products covered under this Regulation that were already not allowed to enter or exit the territory. 12. Customs authorities shall confiscate or seize non-refillable 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 45 .
11. Customs authorities or market surveillance authorities shall take all necessary measures toprevent attempts to import or export the substances and the, products and equipment covered under this Regulation that were already not allowed to enter or exit the territory. 12. Customs authorities shall confiscate or seize non-refillable containers as referred to in Article 11 (3) (a) 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 for disposal. 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.
[No change]
12. Customs authorities shall confiscate or seize non-refillable containers prohibited by this Regulation for disposal in accordance with Articles 197 and 198 of Regulation (EU) 952/2013 and destroy them. 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.
In other cases, not referred to in the first subparagraph, of unlawful import, further supply, or export carried out in breach of this Regulation, in particular in cases of fluorinated greenhouse gases listed in Annex 1 Section 1 placed on the
130
market in bulkor 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 the subsequent
placing on the market is in line with
this Regulation.
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.
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.
For other substances and products
and equipment covered by this
Regulation, alternative measures
may be taken customs authorities
shall seize and confiscate
fluorinated greenhouse gases
imported or exported in violation
of this Regulation and in
accordance
with
the
[Environmental Crime Directive
2021/0422(COD)] 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.
131
The re-export of gases and products and equipment that do not comply with this Regulation is prohibited.
The re-export 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.
13. Member States customs authorities shall designate or approve customs offices or other places and shall specify the route to those offices and places, in accordance with Articles 135 and 267 of Regulation (EU) No 952/2013, for the presentation to customs of the fluorinated greenhouse gases listed in Annex I and of the products and equipment referred to in Article 19 at their entry into or at their exit from the customs territory of the Union. Those customs offices or places shall be sufficiently equipped to carry out the relevant physical controls based on risk analysis, and shall be knowledgeable on matters related to the prevention of illegal activities by this Regulation.
13. Member States customs authorities shall designate or approve customs offices or other places and shall specify the route to those offices and places, in accordance with Articles 135 and 267 of Regulation (EU) No 952/2013, for the presentation to customs of the fluorinated greenhouse gases listed in Annex I and of the products and equipment referred to in Article 19 at their entry into or at their exit from the customs territory of the Union. Those customs offices or places shall be sufficiently equipped to carry out the relevant physical controls based on risk analysis, and shall be knowledgeable on matters related to the prevention of illegal activities by this Regulation.
[No change]
Only the designated or approved places and customs offices referred to in the first subparagraph shall be authorised to open or end a transit
Only the designated or approved places and customs offices referred to in the first subparagraph shall be authorised to open or end a transit
132
procedure of the gases and products or equipment covered by this Regulation.
procedure of the gases and products or equipment covered by this Regulation.
133
y) Measures to monitor illegal trade (Article 24)
Commission proposal 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.
Amendments to Article 24 - Measures to monitor illegal trade
European Council Position 1. On the basis of an evaluation of the potential risks of illegal trade linked to the movements of fluorinated greenhouse gases, products and equipment containing those gases or whose functioning relies upon those gases, tThe Commission is empowered to adopt delegated acts in accordance with Article 32 to:
European Parliament position [No change]
(i) supplement Article 29 this Regulation by specifying the criteria to be taken into account by the competent authorities of Member States when carrying out checks to establish whether undertakings comply with their obligations under the Regulation;
(ii) supplement Articles 23 by specifying the requirements to be checked when monitoring fluorinated greenhouse gases, products and equipment containing those gases or whose functioning relies upon those gases, placed under temporary storage or under a customs procedure, including customs warehousing or free zone procedure or in transit through the customs territory of the Union;
Comments
134
(iii) to amend Article 22 by adding tracing methodologies for fluorinated greenhouse gases placed on the market for the monitoring of import and export of fluorinated greenhouse gases, products and equipment containing those gases or whose functioning relies upon those gases, placed under temporary storage or under a customs procedure. 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,
1a. The Commission, when adopting a delegated act under paragraph 1, shall takeing into account the environmental benefits and socio-economic impacts of the such methodology to be established under points (i), (ii) and (iii) of paragraph 1 measures.
-1. By 30 June 2025, the Commission shall publish a report evaluating the
135
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.
136
z) Trade with states or regional economic integration organisations and territories not covered by the Protocol (Article 25)
Amendments to Article 25 - Trade with states or regional economic integration organisations and territories not covered by the Protocol
Commission proposal 1. Import and export of hydrofluorocarbons and of products and equipment containing, hydrofluorocarbons or whose functioning relies upon those gases from and to any state or regional economic integration organisation that has not agreed to be bound by the provisions of the Protocol applicable to those gases shall be prohibited as from 1 January from 2028. 2. The Commission is empowered to adopt delegated acts in accordance with Article 32 to supplement this Regulation by establishing the rules applicable to the release for free circulation in the Union and export of products and equipment imported from and exported to any State or regional economic integration organisation subject to paragraph 1, which were produced using hydrofluorocarbons but do not contain gases which can be
European Council Position [No change]
[No change]
European Parliament position [No change]
[No change]
Comments
137
positively
identified
as
hydrofluorocarbons, as well as rules
on the identification of such
products and equipment. When
adopting those delegating acts the
Commission shall take into account
the relevant decisions taken by the
Parties to the Protocol and, as
regards the rules on the
identification of such products and
equipment, periodical technical
advice given to the Parties to the
Protocol.
3. By way of derogation from
paragraph 1, trade with any state or
regional economic integration
organisation subject to paragraph 1
in hydrofluorocarbons and
equipment
containing
hydrofluorocarbons or whose
functioning replies upon those gases
or which are produced by means of
one or more such gases may be
authorised by the Commission, by
means of implementing acts, to the
extent that the state or regional
economic integration organisation is
determined by a meeting of the
Parties to the Protocol pursuant to
Article 4(8) of the Protocol to be in
full compliance with the Protocol
and has submitted data to that
[No change]
[No change]
138
effect as specified in Article 7 of the Protocol. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 34(2). 4. Subject to any decision taken under paragraph 2, paragraph 1 shall apply to any territory not covered by the Protocol in the same way as such decisions apply to any state or regional economic integration organisation subject to paragraph 1. 5. Where the authorities of a territory not covered by the Protocol are in full compliance with the Protocol and have submitted data to that effect as specified in Article 7 of the Protocol, the Commission may decide, by means of implementing acts, that some or all of the provisions of paragraph 1 of this Article shall not apply in respect of that territory. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 34(2).
[No change] [No change]
[No change] [No change]
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aa) Reporting by undertakings (Article 26)
Commission proposal
1. 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).
By 31 March [OP: Please insert the
year of application of this
Regulation], and every year
thereafter, each importer or
producer that has been allocated
quota pursuant to Article 17(4), or
has received quotas pursuant to
Article 21(1) but has not placed any
Amendments to Article 26 - Reporting by undertakings
European Council Position [No change]
European Parliament position 1. By 31 March [OP: Please insert the year ofapplication 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).
Comments
140
quantities of hydrofluorocarbons on
the market during the preceding
calendar year, shall report to the
C
-
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. 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.
[No change] [No change]
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.
3. By 31 March [[OP: Please insert the year of application of this Regulation], each undertaking that used 1 000 tonnes ofCO2 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.
141
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.
5. By 31 March [OP: Please insert the year of application of this Regulation], and every year thereafter, each undertaking that received any quantities of hydrofluorocarbons referred to in Article 16(2) shall report to the Commission the data specified in Annex IX on each of those substances for that calendar year. By 31 March [OP: Please insert the year of application of this Regulation], and every year thereafter, each producer or importer that placed on the market hydrofluorocarbons for the purpose of producing metered dose inhalers
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 500 100 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. [No change]
4. By 31 March [OP: Please insert the year of application of this Regulation], each undertaking that placed 100 tonnes ofCO2 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.
[No change]
142
for the delivery of pharmaceutical ingredients shall report to the Commission the data specified in Annex IX. The manufactures of such metered dose inhalers shall report to the Commission the data specified in Annex IX on the hydrofluorocarbons received.
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.
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
[No change] [No change]
6. By 31 March [OP: Please insert the year of application of this Regulation], and every year thereafter, each undertaking thatreclaimed 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.
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
143
Commission a verification report issued pursuant to Article 19(3).
Commission a verification report issued pursuant to Article 19(3).
8. By 30 April [OP: Please insert the [No change]
8. By 30 April [OP: Please insert the
year of application of this
year of application of this Regulation],
Regulation], and every year
and every year thereafter, each
thereafter, each undertaking which
undertaking which under paragraph 1
under paragraph 1 reports on the
reports on the placing on the market
placing on the market of 1 000
of 1 000 tonnes of CO2 equivalent or
tonnes of CO2 equivalent or more of
more of hydrofluorocarbons during
hydrofluorocarbons during the
the preceding calendar year shall, in
preceding calendar year shall, in
addition, ensure that the veracity of
addition, ensure that the veracity of
its report is confirmed, at a
its report is confirmed, at a
reasonable level of assurance, by an
reasonable level of assurance, by an
independent auditor. The auditor
independent auditor. The auditor
shall be registered in the F-gas Portal
shall be registered in the F-gas
and shall be either:
Portal and shall be either:
[No change]
(a)accredited pursuant to Directive
2003/87/EC; or
(b)accredited to verify financial
statements in accordance with the
legislation of the Member State
concerned.
Transactions referred to in Article
16(2), point (c), of shall be verified
regardless of the quantities
involved.
The Commission may request an
undertaking to ensure that the
veracity of its report is confirmed at
144
a reasonable level of assurance, by an independent auditor, regardless of the quantities involved, where needed to confirm its compliance with the rules under this Regulation. The Commission may, by means of implementing acts, specify the details of the verification of reports and of the accreditation of verifiers. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 34(2). 9. All reporting and verification referred to in this Article shall be carried out via the F-gas Portal. The Commission may, by means of implementing acts, determine the format of submitting the reports referred to in this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 34(2).
[No change]
[No change]
145
bb) Collection of emissions data (Article 27)
Commission proposal Member States shall establish reporting systems for the relevant sectors referred to in this Regulation, with the objective of acquiring emissions data. Member States shall, where appropriate, enable the recording of the information collected in accordance with Article 7 via a centralised electronic system.
Amendments to Article 27 - Collection of emissions data
European Council Position [No change]
European Parliament position [No change]
2a. By 31 December 2024 the Commission shall adopt a delegated act on a common general framework that Member States shall use to design centralised electronic systems.
Comments
146
cc) Cooperation and exchange of information (Article 28)
Amendments to Article 28 - Cooperation and exchange of information
Commission proposal
1. The competent authorities of
Member States, including customs
authorities, market surveillance
authorities,
environmental
authorities and other authorities
with inspection functions, shall
cooperate with each other, with the
competent authorities of other
Member States, with the
Commission, and if necessary, with
administrative authorities of third
countries in order to ensure
compliance with this Regulation.
European Council Position 1. When required to ensure compliance with this Regulation, Tthe competent authorities of Member States, including customs authorities, market surveillance authorities, environmental authorities and other authorities with inspection functions, shall cooperate with each other, with the competent authorities of other Member States, with the Commission, and if necessary, with administrative authorities of third countries in order to ensure compliance with this Regulation.
European Parliament position [No change]
When cooperation with customs authorities is needed to ensure a proper implementation of the customs risk management framework, competent authorities shall provide all necessary information to customs in accordance with Article 47(2) of Regulation (EU) 952/2013.
[No change]
Comments
147
2. When customs authorities, market surveillance authorities or any other competent authority of a Member State have detected an infringement of this Regulation, that competent authority shall notify the environmental authority or if not relevant any other authority responsible for the enforcement of penalties in accordance with Article 31. 3. Member States shall ensure that their competent authorities are able to efficiently have access to and exchange between them any information necessary for the enforcement of this Regulation. Such information shall include customs related data, information on ownership and financial status, any environmental violations, as well as data recorded in the F-gas Portal. That information shall also be made available to competent authorities of other Member States and to the Commission when needed to ensure the enforcement of this Regulation. Competent authorities shall immediately inform the Commission of infringements of Article 16(1).
[No change] [No change]
[No change] [No change]
148
4. Competent authorities shall alert competent authorities of other Member States when they detect infringement of this Regulation that may affect more than one Member State. Competent authorities shall, in particular, inform competent authorities of other Member States when they detect a relevant product on the market that is not compliant with this Regulation, to enable that it is seized, confiscated, withdrawn or recalled from the market for disposal.
[No change]
[No change]
The Customs Risk Management System shall be used for the exchange of customs risk-related information.
[No change]
Customs authorities shall also exchange any relevant information related to infringement of the provisions of this Regulation in accordance with Regulation (EC) No 515/97 of the European Parliament and of the Council 46 and shall request assistance from the other Member States and the Commission where relevant.
Customs authorities shall also exchange any relevant information related to infringement of the provisions of this Regulation in accordance with Council Regulation (EC) No 515/97 of the European Parliament and of the Council26 and shall request assistance fromthe other Member States and the Commission where relevant.
149
dd) Obligation to carry out checks (Article 29)
Commission proposal 1. The competent authorities of Member States shall carry out checks to establish whether undertakings comply with their obligations under this Regulation.
2. The checks shall be carried out following a risk-based approach, which takes into consideration in particular, the history of compliance of undertakings, the risk of noncompliance of a specific product with this Regulation, and any other relevant information received from the Commission, national customs authorities, market surveillance authorities and environmental authorities or from competent authorities of third countries.
Amendments to Article 29 - Obligation to carry out checks
European Council Position [No change]
[No change]
European Parliament position 1. The competent authorities of Member States shall carry out regular checks to establish whether undertakings comply with their obligations under this Regulation. [No change]
Competent authorities shall also conduct checks when they are in possession of evidence or other relevant information, including based on substantiated concerns
[No change]
Comments
150
provided by third parties, concerning potential noncompliance with this Regulation.
The competent authorities of the Member States shall also carry out the checks that the Commission considers necessary to ensure compliance with this Regulation.
The competent authorities of the Member States shall also carry out the checks that theCommission considers necessary to ensure compliance with this Regulation.
3. Checks referred to in paragraphs 1 and 2, shall include on-site visits of establishments with the appropriate frequency and verification of relevant documentation and equipment.
[No change]
3. Checks referred to in paragraphs 1 and 2, shall include on-site visits of establishments with the appropriate frequency and verification of relevant documentation and equipment as well aschecks of online platforms selling bulk fluorinated gases or products and equipment that contain such gases.
Checks shall be carried out without prior warning of the undertaking, except where prior notification is necessary in order to ensure the effectiveness of the checks. Member States shall ensure that undertakings afford the competent authorities all necessary assistance to enable those authorities to carry out the checks provided for by this Article.
[No change]
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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 noncompliance. Records of all checks shall be kept for at least five years. 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.
[No change] [No change]
[No change]
5. At the request of another Member State, a Member State may 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.
6. In carrying out the tasks assigned to it by this Regulation, the Commission may request all necessary information from the competent authorities of the Member States and from undertakings. When requesting information from an undertaking the Commission shall at the same time forward a copy of the request to the competent authority of the Member State within the territory of
[No change]
[No change]
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situated.
7. The Commission shall take appropriate steps to promote an adequate exchange of information and cooperation between competent authorities of the Member States and between competent authorities of the Member States and the Commission. The Commission shall take appropriate steps to protect the confidentiality of information obtained under this Article.
[No change]
[No change]
7a. Member States shall provide an annual summary of the data collected from the logbooks to the Commission by 1April of each year. The Commission shall publish an annual summary and assessment of the data received from Member States.
153
ee) Reporting of breaches and protection of reporting persons (Article 30)
Amendments to Article 30 - Reporting of breaches and protection of reporting persons
Commission proposal Directive (EU) 2019/1937 shall apply to the reporting of breaches of this Regulation and the protection of persons reporting such breaches.
European Council Position [No change]
European Parliament position [No change]
Comments
154
ff)Penalties (Article 31)
Commission proposal 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.
2. Without prejudice to the obligations of Member States under Directive 2008/99/EC, Member States shall, in accordance with national law, provide for competent
Amendments to Article 31 - Penalties
European Council Position 1. Without prejudice to the obligations of Member States under Directive 2008/99/EC ofthe European Parliament and of the Council27 of 19 November 2008 on the protectionof the environment through criminal law, 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 = 2 1 years 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. 2. Without prejudice to the obligations of Member States under Directive [2008/99/EC], Member States shall, in accordance with national law, provide for competent authorities to have the
European Parliament position [No change]
[No change]
Comments
155
authorities to have the power to impose appropriate administrative penalties and take other administrative measures in relation to those infringements. 3. Member States shall ensure that level and type of penalties are appropriate and proportionate and are applied considering at least to the following criteria:
(a)the nature and gravity of the infringement;
power to impose appropriate administrative penalties and take other administrative measures in relation to those infringements.
3. Member States shall ensure that the level and type of penalties are appropriate and proportionate and that the penalties give due regard to the following, as applicable. and are applied considering at least to the following criteria: (a) the nature and gravity of the infringement
[No change]
(b)the intentional or negligent character of the infringement;
(b) the human population or the environment affected by the infringement, taking into account the need to ensure a high level of protection of human health and the environment;the intentional or negligent character of the infringement;
(c)any previous infringements of this Regulation by the undertaking held responsible;
(c) any previous infringements of this Regulation by the undertaking held responsible;
(d)the financial situation of the (d) the financial situation of the
undertaking held responsible;
undertaking held responsible.;
156
(e)the economic benefits derived or expected to be derived from the infringement.
(e) the economic benefits derived or expected to be derived from the infringement.
4. The Member States shall ensure that their competent authorities are able to at least impose the following penalties in case of infringements of this Regulation:
4. The Member States shall ensure that their competent authorities are able to at least impose the following penalties in case of infringements of this Regulation:
[No change]
(a)fines; (b)confiscation or seizure of illegally obtained goods or of revenues gained by the undertaking from the infringement; (c)suspension or revocation of the authorisation to carry out activities where those fall under the scope of this Regulation.
(a)fines; (b)confiscation or seizure of illegally obtained goods or of revenues gained by the undertaking from the infringement; (c)suspension or revocation of the authorisation to carry out activities where those fall under the scope of this Regulation.
5. 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
5. 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-
5. 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 four times the market value of the gases or products concerned and equipment concerned and
157
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. In cases of infringements of Article 4(1), the potential impact on the climate shall be reflected by taking into account the carbon price in the determination of an administrative fine.
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. In cases of infringements of Article 4(1), the potential impact on the climate shall be reflected by taking into account the carbon price in the determination of an administrative fine.
envisage maximum administrative fines of at least five 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 set out minimum administrative fines of at least seven times the value of the gases or products concerned and equipment concerned and envisage maximum administrative fines of at least eight ten times the value of the gases or products and equipment concerned. In cases of infringements of Article 4(1), the potential impact on the climate shall be reflected by taking into account the carbon price in the determination of an administrative fine.
6. In addition to the penalties referred to in paragraph 1, undertakings that have exceeded their quota for placing hydrofluorocarbons on the market, allocated in accordance with Article 17(4) or transferred to them in accordance with Article 21(1), may only be allocated a reduced quota
[No change]
[No change]
158
allocation for the allocation period after the excess has been detected. The amount of reduction shall be calculated as 200 % of the amount by which the quota was exceeded. If the amount of the reduction is higher than the amount to be allocated in accordance with Article 17(4) as a quota for the allocation period after the excess has been detected, no quota shall be allocated for that allocation period and the quota for the following allocation periods shall be reduced likewise until the full amount has been deducted. The reduction(s) shall be recorded in the F-gas Portal.
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gg) Exercise of the delegation (Article 32)
Commission proposal 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Article 8(8), Article 12(17), Article 16(3), 17(6), Article 24, Article 25(2) and Article 35 shall be conferred on the Commission for an indeterminate period of time [from the date of application of the Regulation].
3. The delegation of power referred to in Article 8(8), Article 12(17), Article 16(3), Article 17(6), Article 24, Article 25(2) and Article 35 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It
Amendments to Article 32 - Exercise of the delegation
European Council Position [No change]
European Parliament position [No change]
2. The power to adopt delegated acts referred to in Article 8(8), Article 12(17), Article 16(3), Article 17(6), 17(6a) and 17(6b), Article 24(1), Article 25(2) and Article 35 shall be conferred on the Commission for an indeterminate period of time [from the date of application of the Regulation].
[No change]
2. The power to adopt delegated acts referred to in Article 8(8), Article 9(1a), Article 12(17), Article 16(3) first subparagraph, Article 16(3), second subparagraph, 17(6), Article 17(6a), Article 24, Article 25(2) Article 27, third subparagraph, Article 35(1), Article 35(1a) and Article 35(1b) shall be conferred on the Commission for an indeterminate period of time [from the date of application of the Regulation]. 3. The delegation of power referred to in Article 8(8), Article 9(1a), Article 12(17), Article 16(3) first subparagraph, Article 16(3) second subparagraph, Article 17(6), Article 17(6a), Article 24, Article 25(2), Article 27, third subparagraph, and Article 35(1), Article 35(1a) and Article 35(1b)
Comments
160
shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. 5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 6. A delegated act adopted pursuant to in Article 8(8), Article 12(17), Article 16(3), Article 17(6), Article 24, Article 25(2) and Article 35 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the
[No change]
[No change] [No change]
may be revokedat any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specifiedtherein. It shall not affect the validity of any delegated acts already in force. [No change]
[No change]
6. A delegated act adopted
pursuant toin Article 8(8), Article
9(1a), Article 12(17), Article 16(3),
Article
16(3),
second
subparagraph, Article 17(6),
Article 17(6a), Article 24, Article
25(2), Article 27, third
subparagraph, and Article 35(1),
Article 35(1a) and Article 35(1b)
161
European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
162
hh) Consultation Forum (Article 33)
Commission proposal 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.
Amendments to Article 33 - Consultation Forum
European Council Position [No change]
European Parliament position The Commission shall establish a Consultation Forum for providing adviceand expertise in relation to the implementation of this Regulation. The Consultation Forum shall have a balanced participation of:
(i) Member State representatives;
(ii) representatives of all relevant stakeholders, including environmental organisations, patient associations and healthcare professional organisations, representatives of manufacturers and operators.
The Consultation Forum shall closely cooperate with the relevant EU Agencies. The rules of procedure of the Consultation Forum shall be established by the Commission and shall be published.
Comments
163
ii) Committee procedure (Article 34)
Commission proposal 1. The Commission shall be assisted by a committee on fluorinated greenhouse gases. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011. 2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.
Amendments to Article 34 - Committee procedure
European Council Position [No change]
European Parliament position [No change]
[No change]
[No change]
Comments
164
jj) Review (Article 35)
Commission proposal The Commission is empowered to adopt delegated acts in accordance with Article 32 to amend Annexes I, II III and VI as regards the global warming potential of the listed gases, where it is necessary in the light of new Assessment Reports adopted by the Intergovernmental Panel on Climate Change or new reports of the Scientific Assessment Panel (SAP) of the Montreal Protocol.
Amendments to Article 35 - Review
European Council Position [No change]
European Parliament position [No change]
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. The
Commission is empowered to
adopt delegated acts in
accordance with Article 32 to
amend this Regulation, and
strengthen the prohibitions on
the placingon the market of high
Comments
165
GWP fluorinated greenhouse gases in the products or equipment concerned, where it finds evidence of the emergence or accelerationof the use of low GWP fluorinated greenhouse gases or of natural alternatives in products and equipment placed on the Union market.
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 Annex I or II or by introducing fluorinated greenhouse gases in Annex I or II, where it has evidence of the placing on the market of fluorinated greenhouse gases listed in Annex III or offluorinated greenhouse gases not listed in Annex I, II or III, respectively.
No later than three months following the adoption of the revised REACH Regulation, the Commission shall assess whether this Regulation is coherent with that Regulation. The Commission shall, where appropriate,
166
accompany its assessment with a legislative proposal to amend this Regulation, if it concludes thatthis Regulation is not coherent with potential new restrictions of the use of PFAS laid down in that Regulation.
By 1 January 2033, the Commission shall publish a report on the implementation of this Regulation.
By 1 January 20330 the Commission shall publish a report on the implementation of this Regulation, including an evaluation of the risk of excessive reduction of competition in the market due to the bans and related exceptions in Article 13(5) and of the provisions of Article 13(5) relating to high voltage switchgear of more than 145 kV or more than 50 kA short circuit current. If appropriate, the report shall be accompanied by a corresponding legislativeproposal.
By 1 January 2033 2027, the Commission shall publish a report on the implementation of this Regulation, including in relation to the impact of this Regulation on the health sector, particularly the availability of MDIs for the delivery of pharmaceutical ingredients, as well as on the impact on the market of cooling equipment used in conjunction with batteries.
167
kk) Repeal (Article 36)
Commission proposal Regulation (EU) No 517/2014 is repealed. References to Regulation (EU) No 517/2014 shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex X.
Amendments to Article 36 - Repeal
European Council Position [No change]
European Parliament position [No change]
Comments
168
ll) Amendment to Directive (EU) No 2019/1937 (Article 37)
Amendments to Article 37 - Amendment to Directive (EU) No 2019/1937
Commission proposal In Part I, Section E, point 2, of the Annex to Directive (EU) No 2019/1937, the following point is added: Regulation (EU) No [OP: please insert the number of this 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 [OP: please insert the OJ
European Council Position [No change]
European Parliament position [No change]
Comments
169
mm) Entry into force and application (Article 38)
Commission proposal This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. It shall apply from 1 January [OP: Please insert the year following the year of entry into force of this Regulation]. Articles 20(2), 20(3) and 23(5) shall apply from: (a)[[1 March 2023] date = the application date specified in Regulation of the European Parliament and of the Council establishing the European Union Single Window Environment for Customs and amending Regulation (EU) No 952/2013 in the Annex for the part concerning fluorinated greenhouse gases] for release for free circulation referred to in Article 201 of Regulation (EU) 952/2013; (b)[[1 March 2025] date = the application date specified in Regulation of the European Parliament and of the Council
Amendments to Article 38 - Entry into force and application
European Council Position [No change]
European Parliament position [No change]
Comments
170
establishing the European Union Single Window Environment for Customs and amending Regulation (EU) No 952/2013 in the Annex for the part concerning fluorinated greenhouse gases] for import procedures other than the one referred to in point (a), and export. Article 17(5) shall apply from [OP: Please insert the year following the year of the application of this Regulation]. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Strasbourg,
171
III. Other Annexes
ANNEXES to 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
In this section
; the changes made by the
Council are written in orange and the ones from the European Parliament are made in green.
a) ANNEX I Fluorinated greenhouse gases referred to in Article 2(1)1 hydrofluorocarbons,perfluorocarbons and other perfluorinated compounds
Substance
Industrial designation
Chemical name (Common
name)
Section 1: Hydrofluorocarbons (HFCs)
HFC-23
trifluoromethane
(fluoroform)
HFC-32
difluoromethane
HFC-41
Fluoromethane (methyl
fluoride)
HFC-125
pentafluoroethane
HFC-134
1,1,2,2-tetrafluoroethane
HFC-134a
1,1,1,2-tetrafluoroethane
HFC-143
1,1,2-trifluoroethane
Chemical formula
CHF3
CH2F2 CH3F
CHF2CF3 CHF2CHF2 CH2FCF3 CH2FCHF2
GWP ( 2 )
14 800 675 92 3 500 1 100 1 430 353
20 years-GWP( 3 ) for information purposes only
12 400
2 690 485
6 740 3 900 4 140 1 300
172
HFC-143a
1,1,1 trifluoroethane
CH3CF3
HFC-152
1,2-difluoroethane
CH2FCH2F
HFC-152a
1,1 difluoroethane
CH3CHF2
HFC-161
Fluoroethane
(ethyl CH3CH2F
fluoride)
HFC-227ea
1,1,1,2,3,3,3-
CF3CHFCF3
heptafluoropropane
HFC-236cb
1,1,1,2,2,3-
CH2FCF2CF3
hexafluoropropane
HFC-236ea
1,1,1,2,3,3-
CHF2CHFCF3
hexafluoropropane
HFC-236fa
1,1,1,3,3,3-
CF3CH2CF3
hexafluoropropane
HFC-245ca
1,1,2,2,3-
CH2FCF2CHF2
pentafluoropropane
HFC-245fa
1,1,1,3,3-
CHF2CH2CF3
pentafluoropropane
HFC-365mfc
1,1,1,3,3-
CF3CH2CF2CH3
pentafluorobutane
HFC-43-10mee
1,1,1,2,2,3,4,5,5,5
- CF3CHFCHFCF2CF3
decafluoropentane
Substance
Industrial
Chemical name (Common Chemical formula
designation name)
Section 2: Perfluorocarbons (PFCs)
PFC-14
tetrafluoromethane
CF4
(perfluoromethane, carbon
tetrafluoride)
PFC-116
Hexafluoroethane
C2F6
(perfluoroethane)
PFC-218
octafluoropropane
C3F8
4 470 53 124 12 3 220 1 340 1 370 9 810 693 1 030 794 1 640 GWP 100 (3)
7 380
12 400 9 290
7 840 77,6 591 17,4 5 850 3 750 4 420 7 450 2 680 3 170 2 920 3 960 GWP 20 (3)
5 300
8 940 6 770
173
(perfluoropropane)
PFC-3-1-10 decafluorobutane
C4F10
10 000
(R-31-10)
(perfluorobutane)
PFC-4-1-12 dodecafluoropentane
C5F12
9 220
(R-41-12)
(perfluoropentane)
PFC-5-1-14 tetradecafluorohexane
CF3CF2CF2CF2CF2CF3
8 620
(R-51-14)
(perfluorohexane)
PFC-c-318
octafluorocyclobutane
c-C4F8
10 200
(perfluoro cyclobutane)
PFC-9-1-18 Perfluorodecalin
C10F18
7 480
(R-91-18)
PFC-4-1-14 perfluoro-2-methylpentane CF3CFCF3CF2CF2CF3
7 370 ( 4 )
(R-41-14)
(i-C6F14)
Section 3: Other (per)fluorinated compounds and fluorinated ketones
sulphur hexafluoride
SF6
Heptafluoroisobutyronitrile
(2,3,3,3-tetrafluoro-2(trifluoromethyl)-
Iso-C3F7CN
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
7 300 6 680 6 260 7 400 5 480 ( 5*)
18 300 4 580 (*)
1
Mixtures containing the substances listed in this Annex are considered as fluorinatedgreenhouse gases covered by the
rules of this Regulation (Article 2(1))This Annex contains the gases listed therein, whether alone or in a mixture.
2
Based on the Fourth Assessment Report adopted by the Intergovernmental Panel on ClimateChange, unless otherwise
indicated.
3
Based on the Sixth Assessment Report adopted by the Intergovernmental Panel on ClimateChange, unless otherwise
indicated.
4
Droste et al. (2019). Trends and Emissions of Six Perfluorocarbons in the Northern andSouthern Hemisphere.
Atmospheric Chemistry and Physics. https://acp.copernicus.org/preprints/acp-2019-873/acp-2019-873.pdf
*
Global warming potential not yet available.
174
b) ANNEX II : Other fluorinated greenhouse substances referred to in Article 2(1)( 6 ) unsaturated hydro(chloro)fluorocarbons, fluorinated substances used as inhalation anaesthetics and other fluorinated substances
Substance
Common name/industrial designation Chemical formula
Section 1: Unsaturated hydro(chloro)fluorocarbons
HCFC-1224yd(Z)
CF3CF=CHCl
Cis/Trans-1,2-difluoroethylene (HFC- CHF=CF2
1132)
1,1-difluoroethylene (HFC-1132a)
CH2=CF2
1,1,1,2,3,4,5,5,5(or1,1,1,3,4,4,5,5,5)- CF3CF=CFCFCF3CF3
nonafluoro-4(or2)-
or
(trifluoromethyl)pent-2-ene
CF3CF3C=CFCF2CF3
HFC-1234yf
CF3CF = CH2
HFC-1234ze
trans CHF = CHCF3
HFC-1336mzz(E)
CF3CH = CHCF3
HFC-1336mzz(Z)
(Z)-CF3CH = CHCF3
HCFC-1233zd
CF3CH = CHCl
HCFC-1233xf
CF3CCl = CH2
Section 2: fluorinated substances used as inhalation anaesthetics HFE-347mmz1 (sevoflurane) and (CF3)2CHOCH2F isomers HCFE-235ca2 (enflurane) and isomers CHF2OCF2CHFCl HCFE-235da2 (isoflurane) and isomers CHF2OCHClCF3
GWP ( 7 )
0,06( 9 ) 0,005
0,052 1 Fn ( 10 )
0,501 1,37 17,9 2,08 3,88 1 Fn (9)
195
654 539
20 years-GWP(2) for information purposes only
( 9bis*) 0,017
0,189 (*)
1,81 4,94 64,3 7,48 14
(*)Error!
Bookmark not defined.
702
2 320 1 930
175
HFE-236ea2 (desflurane) and isomers Section 3: other fluorinated substances nitrogen trifluoride sulfurylfluoride sulfuryl fluoride
CHF2OCHFCF3
NF3 SO2F2
2 590
17 400 4 630
7 020
13 400 7 510
6
Mixtures containing the substances listed in this Annex are considered as fluorinatedgreenhouse gases covered by the
rules of this Regulation (Article 2(1))This Annex contains the gases listed therein, whether alone or in a mixture.
7
Based on the Sixth Assessment Report adopted by the Intergovernmental Panel on ClimateChange, unless otherwise
indicated.
8
Tokuhashi, K., T. Uchimaru, K. Takizawa, & S. Kondo (2018): Rate Constants for the Reactions of OH Radical with the
(E)/(Z) Isomers of CF3CF CHCl and CHF2CF CHCl.The Journal of Physical Chemistry A 122:3120 3127.
*
Global warming potential not yet available.
9
Default value, global warming potential not yet available.
176
c) ANNEX III Other Ffluorinated greenhouse gases referred to in Article 2(1) 11 fluorinated ethers, ketones and alcohols and other fluorinated compounds
Substance
Common
name/industrial Chemical formula
designation
Section 1: Fluorinated ethers, ketones and alcohols
HFE-125
CHF2OCF3
HFE-134 (HG-00)
CHF2OCHF2
HFE-143a
CH3OCF3
HFE-245cb2
CH3OCF2CF3
HFE-245fa2
CHF2OCH2CF3
HFE-254cb2
CH3OCF2CHF2
HFE-347 mcc3 (HFE-7000)
CH3OCF2CF2CF3
HFE-347pcf2
CHF2CF2OCH2CF3
HFE-356pcc3
CH3OCF2CF2CHF2
HFE-449s1 (HFE-7100)
C4F9OCH3
HFE-569sf2 (HFE-7200)
C4F9OC2H5
HFE-7300
(CF3)2CFCFOC2H5CF2CF2CF3
n-HFE-7100
CF3CF2CF2CF2OCH3
i-HFE-7100
(CF3)2CFCF2OCH3
i-HFE-7200
(CF3)2CFCF2OCH2CH3
HFE-43-
-Galden CHF2OCF2OC2F4OCHF2
1040x) HG-11
HFE-236cal2 (HG-10)
CHF2OCF2OCHF2
HFE-338pccl3 (HG-01)
CHF2OCF2CF2OCHF2
HFE-347mmyl
(CF3)2CFOCH3
2,2,3,3,3-pentafluoropropan-1-ol CF3CF2CH2OH
GWP ( 12 )
14 300 6 630 2 170 747 3 060 328 576 980 277 460 60,7 405 544 437 34,3 3 220
6 060 3 320 392 34,3
20 years GWP (2) for information purposes only
13 500 12 700 616 2 630 878 1 180 2 020 3 370 995 1 620 219 1 420 1 920 1 540 124 8 720
11 700 9 180 1 400 123
177
1,1,1,3,3,3-Hexafluoropropan-2-ol (CF3)2CHOH
HFE-227ea
CF3CHFOCF3
HFE-236fa
CF3CH2OCF3
HFE-245fal
CHF2CH2OCF3
HFE 263fb2
CF3CH2OCH3
HFE-329 mcc2
CHF2CF2OCF2CF3
HFE-338 mcf2
CF3CH2OCF2CF3
HFE-338mmzl
(CF3)2CHOCHF2
HFE-347 mcf2
CHF2CH2OCF2CF3
HFE-356 mec3
CH3OCF2CHFCF3
HFE-356mm1
(CF3)2CHOCH3
HFE-356pcf2
CHF2CH2OCF2CHF2
HFE-356pcf3
CHF2OCH2CF2CHF2
HFE 365 mcf3
CF3CF2CH2OCH3
HFE-374pc2
CHF2CF2OCH2CH3
1,1,1,3,4,4,4-Heptafluoro-3(trifluoromethyl)butan-2-one 2,2,3,3,4,4,5,5octafluorocyclopentan-1-ol 1,1,1,3,4,4,4-Heptafluoro-3(trifluoromethyl)butan-2-one
CF3C(O)CF(CF3)2 - (CF2)4CH (OH)CF3C(O)CF(CF3)2
perfluoropolymethylisopropylether(PFPMIE)
Perfluoro(2-methyl-3-pentanone)
CF3OCF(CF3)CF2OCF2OCF3
CF3CF2C(O)CF(CF3)2
Section 2: Other fluorinated compounds
perfluoropolymethylisopropylether (PFPMIE) trifluoromethylsulphurpentafluori de
CF3OCF(CF3)CF2OCF2OCF3 SF5CF3
206 7 520 1 100 934 2,06 3 770 1 040 3 040 963 264 8,13 831 484 1,6 12,5 0,29(1)
13,6
0,29( 13 )
10 300
10 300
18 500
742 9 800 3 670 3 170 7,43 7 550 3 460 6 500 3 270 949 29,3 2 870 1 730 5,77 45 (*)
49,1
(*)
7 750
7 750
13 900
178
Perfluorocyclopropane Heptafluoroisobutyronitrile (2,3,3,3-tetrafluoro-2(trifluoromethyl)-propanenitrile) Heptafluoroisobutyronitrile (2,3,3,3-tetrafluoro-2(trifluoromethyl)-propanenitrile) perfluorotributylamine (PFTBA, FC43) perfluoro-N-methylmorpholine Perfluorotripropylamine
c-C3F6 Iso- C3F7CN
Iso-C3F7CN
C12F27N C5F11NO C9F21N
9 200 ( 14 ) 2 750
2 750
8 490 8 800 8380 ( 15 ) 9 030
6 850(3) 4 580
4 580
6 340 ( 16*) 6 750
11 Mixtures containing the substances listed in this Annex are considered as fluorinatedgreenhouse gases covered by the rules of this Regulation (Article 2(1))This Annex contains the gases listed therein, whether alone or in a mixture.
12 Based on the Sixth Assessment Report adopted by the Intergovernmental Panel on ClimateChange, unless otherwise indicated.
179
d) ANNEX V Production rights for placing hydrofluorocarbons on the market
The production rights for calculated levels of production of hydrofluorocarbons, expressed in tonnes of CO2 equivalents, referred to in Article 14(2) for each producer is are calculated as: (a) for the period 1 January 2024 to 31 December 2028, 60 % of the annual average of its production in 2011-2013; (b) from the period 1 January 2029 to 31 December 2033, 30% of the annual average of its production in 2011-2013; (c) for the period 1 January 2034 to 31 December 2035, 20% of the annual average of its production in 2011-2013; (d) for the period 1 January 2036 and thereafter, 15% to 31 December 2049, 15% of the annual average of its production in 2011-2013. (da) for the period 1 January 2050 and thereafter, 0% of the annual average of its production in 2011-2013. For the purpose of this Annex, production means the amount of hydrofluorocarbons produced minus the amount destroyed by technologies approved by the Parties to the Protocol, and minus the amount entirely used as feedstock in the manufacture of other chemicals, but including hydrofluorocarbons generated as a by-product, unless not captured or unless that by-product is destroyed as part of or after the manufacturing process by the producer or handed over to another undertaking for destruction. No amount reclaimed shall be considered as production.
180
e) ANNEX VI : Method of calculating the total GWP of a mixture referred to in Article 3(12)
The GWP of a mixture is calculated as a weighted average, derived from the sum of the weight fractions of the individual substances multiplied by their GWP, unless otherwise specified, including substances that are not fluorinated greenhouse gases.
Substance X % x GWP) + (Substance Y % x GWP) + ... (Substance N % x GWP), where % is the contribution by weight with a weight tolerance of +/1 %.
For example: applying the formula to a blend of gases consisting of 60 % dimethyl ether, 10 % HFC-152a and 30 % isobutane:
30)
Total GWP = 13,90
The GWP of the following non-fluorinated substances are used to calculate the GWP of mixtures. For other substances not listed in this annex a default value of 0 applies. Only emissible components that fulfil broadly the same function are relevant for the calculation of the GWP.
Substance Common name methane nitrous oxide dimethyl ether methylene chloride methyl chloride chloroform ethane propane
Industrial designation
R-170 R-290
Chemical Formula CH4 N20 CH3OCH3 CH2CI2 CH3CL CHC13 CH3CH3 CH3CH2CH3
GWP 100( 17 )
27,9 273 1( 18 ) 11,2 5,54 20,6 0,437 0,02
181
butane isobutane pentane isopentane ethoxyethane (diethyl ether) methyl formate hydrogen ammonia ethylene propene cyclopentane
R-600 R-600a R-601 R-601a R-610 R-611 R-702 R-717 R-1150 R-1270
CH3CH2CH2CH3 CH(CH3)2CH3 CH3CH2CH2CH2CH3 (CH3)2CHCH2CH3 CH3CH2OCH2CH3 HCOOCH3 H2 NH3 C2H4 C3H6 C5H10
0,006 0( 19 ) 0(16) 0(16) 4(15) 11( 20 ) 6(15) 0 4(15) 0(16) 0(16)
182
f) ANNEX VIII Allocation mechanism referred to in Article 17
(1) Determination of the quantity to be allocated to undertakings for which reference values have been established under Article 17(1). Each undertaking for which reference values have been established receives quota, which is calculated as follows:
a quota corresponding to 89 % of the reference value referred to in Annex VII, point 4(i). From 2029 onwards, such a quota corresponds to the reference value,. From 2027, such a quota is obtained by multiplying the reference value with a factor of 0,7. From 2030, such a quota corresponds to the reference value, 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 equivalent 21 .
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 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. (2) Determination of the quota to be allocated to undertakings that have submitted a declaration pursuant to Article 17(3). The total sum of the quotas allocated under point 1 is subtracted from the maximum quantity for the given year set out in Annex VII to determine the reserve amount to be allocated to undertakings, which have submitted a declaration under Article 17(3). Each undertaking receives an allocation corresponding to a pro-rata share of the reserve. The pro-rata share is calculated by dividing 100 by the number of undertakings that have submitted a declaration. (3) Penalties established in accordance with Article 31 are taken into account in the calculations referred to above.
183
g) ANNEX IX DATA TO BE REPORTED PURSUANT TO ARTICLE 26
(1) Each producer referred to in Article 26(1), first subparagraph, shall report on: (a) the total quantity of each substance listed in Annexes I, II and III it has produced in the Union, including by-production, differentiating between amounts captured and not captured, and identifying quantities destroyed, from such production or by-production, of amounts not captured, or if captured, quantities destroyed prior to their placing on the market, either in the facilities of the producer or handed over to other undertakings for destruction, as well as the undertaking that carried out the destruction: (b) the main categories of application in which the substance is used; (c) the quantities of each substance listed in Annex I, II and III it has placed on the market in the Union, specifying separately:
quantities placed on the market for feedstock uses, including, for HFC-23 only, if after prior capture or without prior capture; direct exports; producing metered dose inhalers for the delivery of pharmaceutical ingredients; use in military equipment; use in the etching of semiconductor material or the cleaning of chemical vapour deposition chambers within the semiconductor manufacturing sector; amounts of hydrofluorocarbons produced for uses within the Union exempted under the Montreal Protocol; (d) any stocks held at the beginning and the end of the reporting period, specifying if placed on the market or not.
(2) Each importer referred to in Article 26(1), first subparagraph, shall report on: (a) the total quantity of each substance listed in Annex I, II and III it has imported into the Union, identifying the main categories of application in which the substance is used, specifying separately:
184
amounts imported, not released for free circulation, and re-exported contained in products or equipment by the reporting undertaking; quantities for destruction, identifying the undertaking carrying out the destruction; feedstock uses, specifying separately amounts of hydrofluorocarbons imported for feedstock uses, and identifying the feedstock using undertaking direct exports, identifying the exporting undertaking; producing metered dose inhalers for the delivery of pharmaceutical ingredients identifying the producer; use in military equipment; identifying the undertaking receiving the quantities for this use; use in the etching of semiconductor material or the cleaning of chemical vapour deposition chambers within the semiconductor manufacturing sector, identifying the receiving semiconductor manufacturer; amounts of hydrofluorocarbons contained in pre-blended polyols; amounts of used recovered, recycled or reclaimed hydrofluorocarbons; amount of hydrofluorocarbons imported for uses exempted under the Montreal Protocol; Quantities of hydrofluorocarbons shall be reported separately for each country of origin. (b) any stocks held at the beginning and the end of the reporting period, specifying if already placed on the market or not.
(3) Each exporter referred to in Article 26(1), first subparagraph, shall report on the quantities of each substance listed in Annexes I, II and III that it has exported from the Union, specifying if from own production or import or if purchased from other undertakings within the Union, including the amounts of hydrofluorocarbons contained in pre- blended polyols. (4) Each undertaking referred to in Article 26(2) shall report on: (a) the quantities of each substance listed in Annexes I, II and III destroyed, including the quantities of those substances contained in products or equipment; (b) any stocks held at the beginning and the end of the reporting period of each substance listed in Annexes I, II and III waiting to be destroyed, including separately, the quantities of those substances contained in products or equipment;
185
(c)the technology used for the destruction of the substances listed in Annexes I, II and III.
(5) Each undertaking referred to in Article 26(3) shall report on the quantities of each substance listed in Annex I used as feedstock.
(6) Each undertaking referred to in Article 26(4) shall report on: (a) the categories of the products or equipment containing substances listed in Annexes I, II and III; (b) the number of units with regard to products and equipment or mass with regardto non-countable products like foams; (c) any quantities of each substance listed in Annexes I, II and III contained in the products or equipment; (d) the amount of hydrofluorocarbons charged into the imported equipment, released for free circulation, for which the hydrofluorocarbons had previously been exported from the Union and which had been subject to quota limitations for placing on the Union market. In such case, the report shall also specify the exporting undertaking and the year of export as well as the undertaking having placed the hydrofluorocarbons on the Union market for the first time and the year of that placing on the market.
(7) Each undertaking referred to in Article 26(5) shall report on the quantities of each substance received from importers and producers for destruction, feedstock uses, direct exports, metered dose inhalers for the delivery of pharmaceutical ingredients use in military equipment and use in the etching of semiconductor material or the cleaning of chemical vapour deposition chambers within the semiconductor manufacturing sector; The manufacturer of metered dose inhalers for the delivery of pharmaceutical ingredients shall report on the type of hydrofluorocarbons and the quantities used.
(8) Each undertaking referred to in Article 26(6) shall report on: (a) the quantities of each substance listed in Annexes I, II and III that it has reclaimed; (b) any stocks held at the beginning and the end of the reporting period of each substance listed in Annexes I, II and III waiting to be reclaimed.
186
h) ANNEX X Correlation Table
Regulation (EU) No 517/2014 Article 1 Article 2(1) Article 2(2) Article 2(3)-(4) Article 2(5) Article 2(6) Article 2(7) Article 2(8) Article 2(9) Article 2(10) Article 2(11) Article 2(12) Article 2(13) Article 2(14) Article 2(15) Article 2(16) Article 2(17) Article 2(18) Article 2(19) Article 2(20) Article 2(21) Article 2(22) Article 2(23) Article 2(24) Article 2(25)
This Regulation Article 1 Article 2(1), point (a) Article 3(4) Article 3(2) Article 3(1) Article 3(3) Article 3(5) Article 3(36 35) Article 3(6) Article 3(9) Article 3(10) Article 11(3) and Annex IV, point 1 Article 3(11) Article 3(12) Article 3(13) Article 3(14) Article 3(15) Article 3(16) Article 3(17) Article 3(18) Article 3(19) Article 3(20) Article 3(21) Article 3(22)
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Article 2(26) Article 2(27) Article 2(28) Article 2(29) Article 2(30) Article 2(31) Article 2(32) Article 2(33) Article 2(34) Article 2(35) Article 2(36) Article 2(37) Article 2(38) Article 2(39) Article 3(1)-(2) Article 3(3) Article 3(4) Article 4 Article 5 Article 6 Article 7(1) Article 7(2) Article 8(1) Article 8(2) Article 8(3) Article 9 Article 10(1)-(4) Article 10(5) Article 10(6) Article 10(7)
Article 3(23) Article 3(24) Article 3(25) Article 3(26) Article 3(27) Article 3(28) Article 3(29) Article 3(30) Article 3(31) Article 3(32) Article 3(33) Article 3(34) Article 4(1)-(2) Article 4(4) Article 4(6) Article 5 Article 6 Article 7 Article 4(3) Article 4(5) Article 8(1) Article 8(3) Article 8(4) Article 9 Article 10(1)-(4) Article 10(6) Article 10(7)
188
Article 10(8) Article 10(9) Article 10(10) Article 10(11) Article 10(12) Article 10(13) Article 10(14) Article 10(15) Article 11(1) Article 11(2) Article 11(3) Article 11(4) Article 11(5) Article 11(6) Article 12(1)-(12) Article 12(13) Article 12(14) Article 12(15) Article 13(1) first subparagraph Article 13(1) second subparagraph Article 13(2) Article 13(3) Article 14(1) Article 14(2) , first subparagraph Article 14(2), second subparagraph Article 14(2) , third subparagraph Article 14(3) Article 14(4) Article 15(1), first subparagraph Article 15(1), second subparagraph
Article 10(8) Article 10(10) Article 10(5) Article 10(9) Article 10(11) Article 10(12) Article 11(1), first subparagraph Article 11(2) Article 11(4) Article 11(5) Article 11(6) Article 12(1)-(12) Article 12(15) Article 12(16) Article 12(17) Article 13(1) Article 13(2) Article 19(1) Article 19(2), first subparagraph Article 19(3) Article 19(2), third subparagraph Article 19(2), second subparagraph Article 19(4) Article 16(1), first subparagraph
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Article 15(2) Article 15(3) Article 15(4) Article 16(1) Article 16(2) Article 16(3) Article 16(4) Article 16(5) Article 17(1), first subparagraph Article 17(1), second subparagraph Article 17(1), third subparagraph Article 17(2) Article 17(3) Article 17(4) Article 18(1) Article 18(2), first subparagraph Article 18(2), second subparagraph Article 18(2), third subparagraph Article 19(1), first subparagraph Article 19(2) Article 19(3) Article 19(4) Article 19(5) Article 19(6) Article 19(7) Article 19(8) Article 20 Article 21(1) Article 21(2)-(6) Article 22
Article 16(2) Article 16(6) Article 16(4) Article 17(3) Article 17(1) Article 17(3) Article 17(4) Article 20(1) Article 20(4) Article 20(6) Article 20(7) Article 21(1), first subparagraph Article 21(2) Article 21(3) Article 26(1), first subparagraph Article 26(2) Article 26(3) Article 26(4) Article 26(7) Article 26(8) Article 26(9), second subparagraph Article 20(7), second subparagraph Article 27 Article 35, first subparagraph Article 32
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Article 23 Article 24 Article 25 Article 26 Article 27 Annex I Annex II Annex III Annex IV Annex V Annex VI Annex VII
Article 33 Article 34 Article 31 Article 36 Article 38 Annex I Annex III Annex IV Annex VI Annex VII Annex VIII Annex IX
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