What changed between the plenary report and the adopted text

Changed:Recital 37 a (new): (37a) The Commission’s communication of 14 October 2020 on ‘Improving access to justice in environmental matters in the EU and its Member States’”States’ underlined the need to include provisions on access to justice in EU legislative proposals for new or revised EU law concerning environmental matters. This Regulation includes provisions on access to justice to ensure equal conditions for access to justice in the Member States in line with the Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (the ‘Aarhus Convention’).

Changed:Article 9 – paragraph 1 b – point b (new): (b) the costs of recycling units for natural persons certified in accordance with Article 10 for the purposes of onsiteon-site recycling.

Changed:Article 10 – paragraph 3 – point e a (new): (ea) certification for natural alternatives, includingtheirincluding their characteristics and benefits compared to the use of fluorinated greenhouse gases, and their safe handling during installation, servicing, maintenance, repair and decommissioning.

Changed:Article 11 – paragraph 1 – subparagraph 1 a (new): 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 for a period of up to 10 years after the dates of the placing on the market prohibitions set out in Annex IV, 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 inof the fluorinated gases used.

Changed:Article 11 – paragraph 6 a (new): 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 attestationattestation, and / (b) the undertakings are established in the Union or have mandated an only representative established in the Union who assumes full responsibility of complying with this Regulation,.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.

Changed:Article 13 – paragraph 3 – subparagraph 1: From 1 January 20242024, the following uses shall be prohibited: / (a) the servicing or maintenance of stationaryair refrigerationconditioning and heat pump equipment, withmobile theand exclusionstationary ofrefrigeration chillers,equipment and chillers by fluorinated greenhouse gases listed in Annex I, with a global warming potential of 1502 500 or more;more. / (b)From 1 January 2030, the following uses shall be prohibited: the servicing or maintenance of air conditioning and heatstationary pumprefrigeration equipment, mobilewith refrigerationthe equipmentexclusion andof chillerschillers, by fluorinated greenhouse gases listed in Annex I, with a global warming potential of 2 500150 or more.

Changed:Article 13 – paragraph 4: 4. The use of desflurane as inhalation anaesthetic is prohibited as from 1 January 2026 and shall only be permitted when such use is strictly required and no other anaesthetic can be used on medical grounds.grounds or when ensured that it is used in combination with a capture system. The healthcare institution shall keep evidence on the medical justification, and provide it, upon request, to the competent authority of the Member State and the Commission.

Changed:Article 17 – paragraph 7: 7. The revenue generated from the quota allocation amount shall constitute external assigned revenue in accordance with Article 21(5) of Regulation (EU, Euratom) No 2018/1046. That revenue shall be assigned to the LIFE programme and to Heading 7 of the multiannual financial framework (European Public Administration): / (a) to cover the costs of external staff working on the management of the quota allocation, IT services, and licensing systems for the purpose of implementation of this Regulation; / (b) to cover the costs for ensuring compliance with the Protocol; / (c) to support capacity building at national level and Member States’ 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 general budget of the Union.

Removed:The amendment aligns the paragraph with the intention of the Commission to include MDI under the quota system, among others to incentivise uptake of climate-friendly alternatives that are already available and that would not require any adaptations for the MDIs use by patients (see the Commission staff working document impact assessment SWD/2022/96 final accompanying this proposal).

Changed:Article 23 – paragraph 12 – subparagraph 1: 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) No 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 Council45.

Changed:Article 32 – paragraph 2: 2. The power to adopt delegated acts referred to in Article 8(8), Article 9(1a), Article 12(17), Article 16(3),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].

Changed:Article 32 – paragraph 3: 3. The delegation of power referred to in Article 8(8), Article 9(1a), Article 12(17), Article 16(3),16(3) first subparagraph, Article 16(3) second subparagraph, Article 17(6), Article 17(6a), Article 24, Article 25(2), Article 27, third subparagraph, Article 35(1), Article 35(1a) and Article 35(1b) 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 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.

Changed:Article 35 – paragraph 1 a (new): 1a. 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 placing on the market of high GWP fluorinated greenhouse gases in the products or equipment concerned, where it finds evidence of the emergence or acceleration of the use of low GWP fluorinated greenhouse gases or of natural alternatives in products and equipment placed on the Union market.

Changed:Article 35 – paragraph 1 b (new): 1b. 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 of fluorinated greenhouse gases not listed in Annex I, II or III, respectively.

Changed:Article 35 – paragraph 1 c (new): 1c. 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, accompany its assessment with a legislative proposal to amend this Regulation, if it concludes that this Regulation is not coherent with potential new restrictions of the use of PFAS laid down in that Regulation.

Changed:Article 35 – paragraph 2 a (new): 2a. The European Scientific Advisory Board on Climate Change established under Article 10a of Regulation (EC) No 401/2009 may, on its own initiative, provide scientific advice and issue reports on the coherence of this Regulation with the objectives of Regulation (EC) No 401/2009 and the Union’s international commitments under the Paris Agreement.

Removed:Fluoronitrile and fluoroketone are used by the switchgear industry as SF6 alternatives. Their use should not only be monitored, but also controlled. That is why they should be moved from Annex III to Annex I. Fluoronitrile is a PFAS, so its control will yield not only climate benefits, but also environmental and health benefits.

Removed:Annex IV – point 2: 2. The exception referred to in point 23 (c) and (d) may be authorised by the competent authority of a Member State following a substantiated request by an operator. The operator’s request shall include documentation providing that following an open call for tender with a deadline for bids after the dates referred to in point 23 no suitable alternative on technical grounds, given the demonstrated specificities of the application, are available that could meet the conditions set out in point 23(c) and (d), or, until two years after the dates referred to in point 23(c) and (d), only one bid was placed for such switchgear with insulating or breaking medium not using, or whose functioning does not rely upon fluorinated greenhouse gases. The competent authority shall make the documentation available to the Commission, upon request.

Added:Amendments 145, 153cp1, 157cp1, 153cp2, 153cp3 and 153cp4

Added:Annex IV – point 2: 2. The exception referred to in point 23(c) and (d) may be authorised by the competent authority of a Member State following a substantiated request by an operator. The operator’s request shall include documentation providing that following an open call for tender with a deadline for bids after the dates referred to in point 23 no suitable alternative on technical grounds, given the demonstrated specificities of the application, are available that could meet the conditions set out in point 23(c) and (d), or, until two years after the dates referred to in point 23(c) and (d), only one bid was placed for such switchgear with insulating or breaking medium not using, or whose functioning does not rely upon fluorinated greenhouse gases. The competent authority shall make the documentation available to the Commission, upon request.

Removed:Mistake in the paragraph referenced.

Added:Annex VIII – point 1 – paragraph 2 – indent 2: – in addition, where relevant, a quota corresponding to the reference value referred to in Annex VII, point 4(ii). 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 maximum quantity for the year 2024.

Removed:Annex VIII – point 1 – paragraph 2 – indent 2: – in addition, where relevant, a quota corresponding to the reference value referred to in Annex VII, point 4(ii). 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 maximum quantity for the year 2024.

Removed:Fluorinated gases are powerful greenhouse gases, with a global warming effect up to 25 000 times greater than CO2, accounting for roughly 2,5% of the Union's GHG emissions. Thanks to the F-gas legislation, emissions of these gases have been falling since 2015. Europe's efforts to reduce these gases sparked international action under the Montreal Protocol, with the adoption of the Kigali Amendment, which it is estimated will prevent up to 0,4°C of additional warming by the end of the century. Several industries have transitioned rapidly, moving to low Global Warming Potential (GWP) or natural alternatives.