Changes between two versions

What changed between the draft committee report and the plenary report

From · draft committee report· 10 Oct 2022

on the proposal for a regulation of the European Parliament and of the Council on fluorinated greenhouse gases, amending Directive (EU) 2019/1937 and repealing Regulation (EU) No 517/2014

To · plenary report· 7 Mar 2023

A-9-2023-0048

on the proposal for a regulation of the European Parliament and of the Council on fluorinated greenhouse gases, amending Directive (EU) 2019/1937 and repealing Regulation (EU) No 517/2014

Changes to the text itself, in document order. Cover page, citations and punctuation-only edits are left out; they are under “Every difference”.

The changes · 43

Change 1

Changed:Recital 1: (1) The European Green Deal launched a new growth strategy for the Union that aims to transform the Union into a fair and prosperous society with a modern, resource-efficient and competitive economy. It reaffirms the Commission’s ambition to make Europe the first climate-neutral and zero-pollution continent by 2050 and aims to protect the health and well-being of citizens from environment-related risks and impacts. Furthermore, the EU is committed to Regulation (EU) 2021/1119 of the European Parliament and of the ~~Council~~Council1a (‘European Climate ~~Law’)1a,~~Law’), the 8th Environmental Action Programme, and the 2030 Agenda for Sustainable Development and its Sustainable Development Goals. / 1a Regulation (EU) 2021/1119 ~~establishing~~of the European Parliament and of the Council of 30 June the framework for achieving climate neutrality and amending Regulations (EC) No 401/2009 and (EU) 2018/1999 (‘European Climate Law’) (OJ L 243, 9.7.2021, p. 1).

Change 2

Removed:Recital 5: (5) Due to rising HFC emissions globally, Parties to the 1987 Montreal Protocol on Substances that Deplete the Ozone Layer (‘the Protocol’) decided in 2016 under the Kigali Amendment29 to implement an HFC phase-down that is to reduce HFC production and consumption by more than 80 % over the next 30 years. This implies that each Party must comply with an HFC consumption and production reduction schedule as well as providing for a licencing system for imports and exports and reporting on HFCs. It is estimated that the Kigali Amendment alone will save up to 0,4°C of additional warming by the end of the century. The global phase-out of fluorinated greenhouse gases in split air conditioners alone is estimated to save up to 0,12 °C of additional warming by the end of the century29a. / 29a The key role of propane in a sustainable cooling sector, Pallav Purohit et al., Sustainable Science Earth, Athmospheric, and Planetary Science, July 2022.

Added:Recital 3: (3) Regulation (EU) No 517/2014 of the European Parliament and of the Council26 was adopted to reverse the increase in fluorinated greenhouse gas emissions. As concluded by an evaluation prepared by the Commission, Regulation (EU) No 517/2014 has led to a year-on-year decrease of fluorinated greenhouse gas emissions. The supply of hydrofluorocarbons (‘HFCs’) has declined by 37 % in metric tonnes and 47 % in terms of tonnes CO2 equivalent from 2015 until 2019. There has also been a clear shift to the use of alternatives with lower global warming potential (‘GWP’) including natural alternatives (for example air, CO2, ammonia, hydrocarbons, water) in many types of equipment that used fluorinated greenhouse gases traditionally.

Removed:Recital 7: (7) To ensure coherence with the reporting requirements under the Protocol, global warming potentials of HFCs should be calculated in terms of the 100-year global warming potential of one kilogram of a gas relative to one kilogram of CO2 based on the Fourth Assessment Report adopted by the IPCC. For other substances, the most recent IPCC Assessment Report should be used. Where available, the 20-year global warming potential should be provided to better inform about the climate impacts of the substances covered by this Regulation. The Commission should advocate for an update of the GWP values of fluorinated greenhouse gases in line with the Sixth Assessment Report adopted by the IPCC at the international level.

Added:Recital 4 a (new): (4a) The RePowerEU Plan envisages an additional 20 million new heat pumps to be installed in the Union by 2026 and nearly 60 million by 2030. The full HFC phase-down by no later than 2050 should be in line with and complimentary to the Union’s energy-efficiency ambitions as laid down in, inter alia, the European Green Deal, the Energy Efficiency Directive (2012/27/EU), the Energy Performance of Buildings Directive (Directive 2010/31/EU) and the RePowerEU Plan, including the uptake of low-climate impact waste-heat recovery applications, such as heat pumps, as well as investments in electrification, power grid expansions and the increased use of batteries in the energy and transport sector.

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Removed:Recital 9: (9) Given that the production process for some fluorinated compounds can result in significant emissions of other fluorinated greenhouse gases produced as by-products, such by-product emissions should be destroyed or recovered for subsequent use as a condition for the placing of fluorinated greenhouse gases on the market. Producers and importers should be required to document mitigation measures adopted to prevent emissions of trifluoromethane during the production process and proof of the destruction and recovery in line with the best available techniques.

Added:Recital 6 b (new): (6b) It is of great importance that the Commission takes the phasing out of HFCs into account in its upcoming legislative proposals, such as in the revision of Regulation EC/1907/2006 on the Registration, Evaluation and Authorisation of Chemicals (the ‘REACH Regulation’) regarding the phase out of per- and polyfluoroalkyl substances (PFAS).

Removed:Recital 10 a (new): (10a) Despite the high GWP and increasing use of sulfuryl fluoride, the emissions of this fluorinated greenhouse gas have not been regulated or monitored and are also not covered by any reporting requirements under the Paris Agreement. Where alternative treatment methods of wood and wooden products against pest infestation are available, the use of sulfuryl fluoride should be prohibited by 2030. From 2025, operators should ensure that, if technically feasible and not disproportionately costly, sulfuryl fluoride is recovered after fumigation.

Added:Recital 7: (7) To ensure coherence with the reporting requirements under the Protocol, global warming potentials of HFCs should be calculated in terms of the 100-year global warming potential of one kilogram of a gas relative to one kilogram of CO2 based on the Fourth Assessment Report adopted by the IPCC. For other substances, the most recent IPCC Assessment Report should be used. Where available, the 20-year global warming potential should be provided to better inform about the climate impacts of the substances covered by this Regulation. The Commission should advocate for an update at international level of the GWP values of fluorinated greenhouse gases in line with the Sixth Assessment Report adopted by the IPCC.

Added:Recital 8: (8) The intentional release of fluorinated substances, where unlawful, is a serious infringement of this Regulation and should be explicitly prohibited; operators and manufacturers of equipment should be obliged to prevent leakage of such substances to the extent possible, including through leak checking of the most relevant equipment and progressive installation of leakage detection systems, including on residential heat pumps, that would prevent the release of harmful refrigerants into the atmosphere, helping users to minimise their environmental impact, as well as to increase durability and energy efficiency of the appliances.

Added:Recital 9: (9) Given that the production process for some fluorinated compounds can result in significant emissions of other fluorinated greenhouse gases produced as by-products, such by-product emissions should be destroyed or recovered for subsequent use as a condition for the placing of fluorinated greenhouse gases on the market in accordance with the Protocol. Producers and importers should be required to document mitigation measures adopted to prevent emissions of trifluoromethane during the production process and proof of the destruction and recovery of those by-product emissions in line with the best available techniques.

Added:Recital 10: (10) To prevent emissions of fluorinated substances, it is necessary to lay down provisions on the recovery of substances from products and equipment and the prevention of leakages of such substances. Foams containing fluorinated greenhouse gases should be treated in accordance with Directive 2012/19/EU of the European Parliament and of the Council.30 Recovery obligations should also be extended to building owners and contractors when removing certain foams from buildings, in order to maximise emissions reductions. Waste electrical and electronic equipment schemes in Member States need to be considerably improved to better facilitate the recovery, recycling and reclamation of refrigerants, including from residential heat pumps.

Added:Recital 10 a (new): (10a) Despite the high GWP and increasing use of sulfuryl fluoride, the emissions of that fluorinated greenhouse gas have not been regulated or monitored and are also not covered by any reporting requirements under the Paris Agreement. From 2025, operators should ensure that, if technically feasible and not disproportionately costly, sulfuryl fluoride is recovered after fumigation.

Change 3

Changed:Recital 11: (11) To encourage the use of technologies with no impact or lower impact on the climate that may involve the use of substances that are toxic, flammable or highly pressurized, ~~the~~Member ~~training~~States should ensure that a high number of natural persons who carry out activities involving fluorinated greenhouse gases ~~should cover~~and technologies replacing or reducing the use of fluorinated greenhouse ~~gases,~~gases ~~including~~are trained and certified. Trainings should include information on energy efficiency aspects and applicable regulations and technical standards. Certification and training programmes established under Regulation (EU) No 517/2014, which may be integrated in national vocational training systems, should be reviewed or adapted enabling technicians to handle alternative technologies safely. ~~Member States should ensure that all of the workforce handling fluorinated greenhouse gases and alternative technologies are fully trained.~~

Change 4

Removed:Recital 13: (13) Where suitable alternatives to the use of fluorinated greenhouse gases are available, bans should be introduced on the placing on the market of new equipment for refrigeration, air-conditioning, foams, technical aerosols and fire protection that contains fluorinated greenhouse gases or whose functioning relies upon those gases. Where alternatives are not available or cannot be used for technical or safety reasons, or where the use of such alternatives would entail disproportionate costs, it should be possible for the Commission to authorise an exemption to allow the placing on the market of such products and equipment for a limited period.

Added:Recital 11 a (new): (11a) In May 2022, the European Commission presented the RePowerEU Plan, as a response to the hardships and global energy market disruption caused by Russia's invasion of Ukraine, aiming at ending the Union’s dependence on Russian fossil fuels and tackling the climate crisis. The Plan includes a target to roll out 10 million hydronic heat pumps by 2027 and to double the rate of heat pump deployment by 2030. While the heat pump industry has started investing in HFC alternatives, it could prove challenging to quickly replace production of HFC-based heat pumps with natural alternatives and deliver to the market the amount of heat pumps targeted by RePowerEU. The Commission should therefore closely monitor market developments and should provide an additional amount of HFC quotas to the heat pump industry, should the HFC quota phase-down set out in Annex VII create disruptions in the Union’s heat pump market to an extent which would endanger the attainment of the RePowerEU heat pump deployment targets.

Removed:Recital 13 a (new): (13a) The Commission recognises, in its communication of 14 October 2020, entitled “Chemicals Strategy for Sustainability Towards a Toxic-Free Environment” that per- and polyfluoroalkyl substances (PFAS) require special attention, considering the large number of cases of contamination of soil and water - including drinking water - in the EU and globally, the number of people affected with a full spectrum of illnesses and the related societal and economic costs. In order to ensure coherence with Union policy and a high level of protection of human health and the environment, and given the availability of non-toxic alternatives, the use of fluorinated greenhouse gases that are also PFAS, whose production produces PFAS or otherwise decomposes into PFAS, should not be encouraged by this Regulation.

Added:Recital 11 b (new): (11b) The shift towards the use of hydrofluorocarbon alternatives will lead to cost savings for undertakings as a result of avoided HFC quota purchase, and will spur green innovation and employment. Member States should however ensure a fair and just transition,leaving no one behind, for the personnel employed by undertakings which do not succeed in the transition to natural alternatives,.

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Removed:Recital 13 b (new): (13b) The Commission should request the European standardisation organisations to develop and update relevant harmonised standards to ensure the smooth implementation of the restrictions on placing on the market laid down in this Regulation. Member States should ensure that national standards and building codes are updated to reflect the allowable charge limits of flammable refrigerants, including IEC 60335-2-89 and IEC 60335-2-40 and should report on their efforts to that end and any exceptions to their update.

Added:Recital 12: (12) The existing prohibitions on specific uses of sulphur hexafluoride, the most climate damaging substance known, should be retained and be complemented by additional restrictions on the use in the critical sector of power distribution. This Regulation does not require the replacement of switchgears that are already installed in the power grid on the dates indicated in Annex IV. Grid operators should only be required to install new switchgears fulfilling the requirements set out in that Annex when, as from the dates indicated therein, they decide to replace already installed switchgears or to install additional switchgears in the power grid.

Removed:Recital 13 c (new): (13c) The Commission should work in close cooperation with the European Medicines Agency to coordinate a smooth approval process in respect of fluorinated substances and alternatives for medical use, so that all environmental and health aspects are taken into account.

Added:Recital 12 a (new): (12a) The acceleration in the market of air conditioning and heat pump equipment and the technological turnover in refrigeration reinforce the need for Member States to increase efforts to ensure certification programmes and training are sufficient to meet the Union's climate objectives.

Removed:Recital 15: (15) Non-refillable containers of fluorinated greenhouse gases, should be banned, considering that an amount of refrigerant inevitably remains in these containers when emptied, which is then released into the atmosphere. In this respect, this Regulation should prohibit their import, placing on the market, subsequent supply or making available on the market, use unless for laboratory and analytical uses, and their export. Containers of fluorinated gases should bear a label with information on arrangements for their return for refilling.

Added:Recital 13: (13) Where suitable alternatives to the use of specific fluorinated greenhouse gases are available, bans should be introduced on the placing on the market of new equipment for refrigeration, air-conditioning and fire protection, foams and technical aerosols that contains fluorinated greenhouse gases or whose functioning relies upon those gases. Where alternatives are not available or cannot be used for technical or safety reasons, or where the use of such alternatives would entail disproportionate costs, it should be possible for the Commission to authorise an exemption to allow the placing on the market of such products and equipment for a period of maximum 4 years. That exemption should be able to be renewed if, after assessment of a new substantiated exemption request, the Commission, through the committee procedure, concludes that alternatives are still not available.

Removed:Recital 15 a (new): (15a) As third countries, particularly developing ones, might not have stringent recovery obligations for fluorinated greenhouse gases nor have the appropriate infrastructure to manage those gases at the end of life, exports of products and equipment containing fluorinated greenhouse gases and of containers of those gases from the Union to third countries could result in the release of those gases into the atmosphere when the products and equipment are discarded. As part of its global efforts to mitigate climate change, the Union should not permit the export of at least the most potent hydrofluorocarbons.

Added:Recital 13 a (new): (13a) The Commission should request the European standardisation organisations to develop and update relevant harmonised standards to ensure the smooth implementation of the restrictions on placing on the market laid down in this Regulation. Member States should ensure that national standards and building codes are updated to reflect the allowable charge limits of flammable refrigerants, including IEC 60335-2-89 and IEC 60335-2-40 and should report on their efforts to that end and any exceptions to their update.

Removed:Recital 20: (20) Considering the market value of the allocated quota, it is appropriate to claim a price for its allocation. That price should increase over time in order to provide a stable revenue stream. This avoids a further fragmentation of the market to the detriment of those undertakings that are in need of the HFC supply and already dependent on HFC trade in the declining market. It is assumed that undertakings that decide not to claim and pay any quota, for which they would be entitled in the year(s) prior to the calculation of reference values, have decided to leave the market and thus they do not get a new reference value. The revenue should be used to cover administrative costs and allow for additional investments in Member States to stimulate the training and uptake of natural refrigerants and measures to prevent illegal HFC trade.

Added:Recital 13 b (new): (13b) When examining if there are alternatives to the use of specific fluorinated greenhouse gases, the Commission should not only consider if a technical alternative exists, but also consider that alternative as broadly as possible. The Commission should therefore consider, inter alia, if the alternative is economically viable and if the alternative can be widely deployed for practical reasons. In particular, the Commission should take into account the situation of small and medium- sized enterprises (SMEs) when assessing ifan alternative can realistically be applied. The Commission should also be able to provide for exceptions applicable to SMEs.

Removed:Recital 33: (33) Member States should lay down rules on minimum penalties applicable to infringements of the provisions of this Regulation and ensure that they are implemented. Those penalties should be effective, proportionate and dissuasive.

Added:Recital 13 c (new): (13c) The production of metered dose inhalers (MDIs) for the delivery of pharmaceutical ingredients uses a non-negligible proportion of all HFCs consumed in the Union. However, MDIs using lower GWP fluorinated greenhouse gases and natural alternatives are being developed by the industry. This Regulation includes the MDI sector in the HFC quota system , thereby creating an incentive for the industry to pursue its path towards cleaner alternatives. To enable a smooth transition towards clean alternatives, Annex VII and VIII to this Regulation introduce a mechanism of reserved quotas for the MDI sector for the first two quota allocation periods. The MDI sector should be able to receive an amount of quotas corresponding to its entire current consumption during the first allocation period following the entry into force of this Regulation, and an amount of quotas corresponding to 70% of its current consumption during the second allocation period.

Removed:Recital 39 a (new): (39a) In its Communication of 14 October 2020 en titled “Improving access to justice in environmental matters in the EU and its Member States”, the Commission recognised that access to justice in environmental matters is not guaranteed in all Member States and called on the Council and the European Parliament to introduce explicit access to justice provisions in new and revised EU laws concerning environmental matters. This Regulation contains provisions which create equal conditions of access across the Union to national courts for members of the public who find that their public authorities are not in compliance with the obligations arising from it, in line with the Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (the “Aarhus Convention”).

Added:Recital 13 d (new): (13d) MDIs are medical products subject to rigorous assessments including clinical studies to ensure patient safety. The Commission, Member States and their competent authorities, and the European Medicines Agency (EMA) should cooperate closely to ensure a smooth approval process of MDIs using low GWP fluorinated gases and alternatives to fluorinated gases, therebyensuring the transition to clean solutions without affecting the accessibility, availability and affordability of essential medicines.

Added:Recital 13 e (new): (13e) Some cooling equipment used in conjunction with batteries needed for the Union's energy transition could contain fluorinated gases. However, this sector was not analysed in the Impact Assessment accompanying this Regulation. In its report on the implementation of this Regulation, due by 1 January 2027, the Commission should assess the impact of this Regulation on the Union's battery market.

Added:Recital 13 f (new): (13f) In its communication of 14 October 2020 entitled "Chemical Strategy for Sustainability Towards a Toxic-Free Environment", the Commission pointed out that PFAS require special attention, considering the large number of cases of contamination of soil and water - including drinking water - in the Union and globally, the number of people affected with a full spectrum of illnesses and the related societal and economic costs, and it set the objective to phase out PFAS in the Union, unless it is proven essential for society. In order to ensure coherence with Union policy and a high level of protection of health and the environment, and given the availability of non-toxic alternatives, this Regulation should not encourage substitution of HFCs with fluorinated greenhouse gases that are also PFAS, whose production produces PFAS or otherwise decomposes into PFAS. If the prohibitions in Annex IV allow for the placing on the market and export of products and equipment containing PFAS, it is important that Member States work with the industry to direct investments into alternatives. This will also prevent stranded assets, should the revision of the REACH Regulation introduce PFAS bans. Immediately after the adoption of the revised REACH Regulation, the Commission should assess the coherence between this Regulation and that Regulation.

Added:Recital 15: (15) Non-refillable containers of fluorinated greenhouse gases, should be banned, considering that an amount of refrigerant inevitably remains in these containers when emptied, which is then released into the atmosphere. In this respect, this Regulation should prohibit their import, placing on the market, subsequent supply or making available on the market, use unless for laboratory and analytical uses, and their export. To prevent refillable containers from not being refilled and being discarded instead, undertakings should be required to produce a declaration of conformity including evidence of the arrangements for the return for the purpose of refilling when placing refillable containers on the market.

Added:Recital 15 a (new): (15a) As third countries, particularly developing ones, might not have stringent recovery obligations for fluorinated greenhouse gases or not have the appropriate infrastructure to manage those gases at the end of life, exports to third countries of products and equipment containing those gases could result in the release of those gases in the atmosphere. In the framework of the Union’s global efforts to mitigate climate change, the bans on products and equipment laid down in Annex IV should therefore apply to both their placing on the Union’s market and their export from the Union to third countries.

Added:Recital 17: (17) To implement the Protocol, including the gradual reduction of the quantities of HFCs, the Commission should continue to allocate quotas to individual producers and importers for the placing of HFCs on the market, ensuring that the overall quantitative limit permitted und the Protocol is not exceeded. The Commission should be able, exceptionally, to authorise an exemption for up to four years on the exclusion of hydrocarbons from the quota system for use in specific applications or specific categories of products or equipment. That exemption should be able to be renewed if, after assessment of a new substantiated exemption request, the Commission, through the committee procedure, concludes that alternatives are still not available. To protect the integrity of the gradual reduction of the quantities of HFCs placed on the market, HFCs contained in equipment should continue to be accounted for under the quota system.

Added:Recital 20: (20) Considering the market value of the allocated quota, it is appropriate to claim a price for its allocation. This avoids a further fragmentation of the market to the detriment of those undertakings that are in need of the HFC supply and already dependent on HFC trade in the declining market. It is assumed that undertakings that decide not to claim and pay any quota, for which they would be entitled in the year(s) prior to the calculation of reference values, have decided to leave the market and thus they do not get a new reference value. The quota price should increase over time in order to provide a stable revenue stream. The revenue should be used to cover administrative costs, to support capacity building, implementation and enforcement, as well as to accelerate the deployment of alternatives to fluorinated greenhouse gases.

Added:Recital 25: (25) To ensure that reports on substantial quantities of substances are accurate and that the quantities of HFCs contained in pre-charged equipment are accounted for under the Union quota system, independent third party verification should be required.

Added:Recital 28 a (new): (28a) Custom authorities should monitor if products covered under this Regulation that are declared to be in transit have actually left the customs territory of the Union. For that purpose, custom authorities should keep records about the undertaking making the transit.

Added:Recital 29: (29) Member States should ensure that customs authorities carrying out controls under this Regulation have the appropriate resources and knowledge, for example via training made available to them, and are sufficiently equipped in view of addressing cases of illegal trade of the gases and products and equipment covered by this Regulation.

Added:Recital 32: (32) The import and export of HFCs as well as products and equipment containing HFCs or whose functioning relies upon those gases from and to a State not party to the Protocol should be prohibited as from 2028. The Protocol envisages that prohibition from 2033, and the purpose of its earlier application under this Regulation is to ensure that the global HFC reduction measures of the Kigali Amendment provide the envisaged benefit to the climate as soon as possible.

Added:Recital 34 a (new): (34a) Without prejudice to the competences and sovereignty of Member States, penalties should be as coherent as possible. The Commission should therefore map out the differences in penalties between Member States every four years and submit a report to the European Parliament and to the Council.

Added:Recital 37: (37) Whistle-blowers can bring new information to the attention of competent authorities which may help the competent authorities detect infringements of this Regulation and enable them to impose penalties. It should be ensured that adequate arrangements are in place to enable whistle-blowers to alert the competent authorities to actual or potential infringements of this Regulation and to effectively protect the whistle-blowers from retaliation. For that purpose, it should be provided in this Regulation that Directive (EU) 2019/1937 of the European Parliament and of the Council36 is applicable to the reporting of breaches of this Regulation and to the protection of persons reporting such breaches.

Added: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’” 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’).

Added:Recital 39: (39) The Commission should establish a so-called Consultation Forum to facilitate the implementation of this Regulation. The Consultation Forum should ensure a balanced participation of Member States’ representatives and of all relevant stakeholders including representatives of environmental organisations, patient associations and healthcare professionals' organisations, representatives of manufacturers, operators and certified persons. The Consultation Forum should cooperate with the relevant EU Agencies, particularly the EMA.

Added:Recital 40: (40) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission as regards evidence to be provided on the destruction or recovery of trifluoromethane by-production during the manufacturing of other fluorinated substances; requirements for leak checks; the format of the records, their establishment and maintenance; minimum requirements for certification programmes and training attestations; the format of the notification of certification and training programmes; exemptions for products and equipment falling under a placing on the market prohibition; the format of labels; the determination of production rights for producers of HFCs; the determination of details of the declaration of conformity for refillable containers for fluorinated greenhouse gases, including evidence confirming that arrangements are in place for the return of that container for the purpose of refilling; exemptions from the quota requirement for HFCs for use in specific applications, or specific categories of products or equipment; the determination of reference values for producers and importers for the placing on the market of HFCs; the modalities and detailed arrangements for the payment of the amount due; the detailed arrangements for the declaration of conformity for pre-charged equipment and their verification as well as for the accreditation of verifiers; the smooth functioning of the registry; the authorisation of trade w…

Added:Recital 41: (41) In order to amend certain non-essential elements of this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union (‘TFEU’) should be delegated to the Commission in respect of establish a list of products and equipment for which the recovery of gases or their destruction is technically and economically feasible and the specification of the technologies to be applied; setting out minimum requirements for producer responsibility schemes for the recovery, recycling, reclamation or destruction of certain fluorinated greenhouse gases, including on collection, reclamation, recycling, disposal facilities, equipment provision to certified technicians, reporting and awareness raising; labelling requirements; the exclusion from quota requirements of HFCs in accordance with decisions of the Parties to the Protocol; excluding from the quota system the placing on the market of hydrofluorocarbons semiconductor materials or vapour deposition chambers within the semiconductor sector, where, in certain cases, there are shortages or disruptions of supply to the Union’s market of semiconductor materials or of vapour deposition chambers; increasing, in certain cases, the quotas for placing on the Union market hydrofluorocarbons to be used in heat pumps until the year 2029; the amounts due for the allocation of quota and the mechanism to allocate remaining quotas; additional measures for the monitoring of substances and of produ…

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Change 5

Removed:~~Correction of a Commission's editorial mistake.~~

Added:Article 2 – paragraph 2: 2. This Regulation also applies to products and equipment, containing fluorinated greenhouse gases or whose functioning relies partly or entirely on those gases.

Change 6

Changed:Article 3 – paragraph 1 – point ~~6: (6) ‘placing on~~5: ~~the~~(5) ~~market’~~‘operator‘ means the ~~supplying or~~undertaking ~~making~~exercising ~~available,~~actual ~~including~~power ~~via~~over the ~~internet, to another person~~technical ~~within~~functioning ~~the~~of ~~Union,~~products ~~for~~and ~~the~~equipment ~~first~~covered ~~time,~~by ~~for~~this ~~payment~~Regulation or ~~free of charge,~~ the ~~customs release for free circulation~~entity inwhere ~~the~~designated ~~Union,~~by ~~and~~a ~~the~~Member ~~use~~State ofas ~~substances~~being ~~produced~~responsible orfor the ~~use of products or equipment~~operator’s ~~manufactured~~obligations ~~for~~in ~~own~~specific ~~use;~~cases;

Change 7

Added:Article 3 – paragraph 1 – point 6: (6) ‘placing on the market’ means the supplying or making available to another person within the Union, for the first time, for payment or free of charge, the customs release for free circulation in the Union, and the use of substances produced or the utilisation of products or equipment manufactured for own utilisation;

Added:Article 3 – paragraph 1 – point 27: (27) ‘feedstock’ means any fluorinated greenhouse gas listed in Annexes I and II, that undergoes chemical transformation in a process in which it is entirely converted from its original composition;

Change 8

Removed:Details on the evidence to be provided on the destruction of trifluoromethane should be brought from the relevant Commission Technical Advice document into this Regulation (https://climate.ec.europa.eu/system/files/2016-11/151023_hfc23_byproduction_en.pdf)

Change 9

Changed:Article 4 – paragraph 6 –a ~~subparagraph~~(new): 26a. aWithout ~~(new):~~prejudice ~~Operators~~to paragraphs (1) to (6), operators shall ensure that sulfuryl fluoride is captured and recovered after ~~fumigation, unless the recovery is not technically feasible or entails disproportionate costs. /~~fumigation. Operators shall ensure that the recovery is carried out by appropriately qualified natural persons, so that the gases are recycled, reclaimed or destroyed. / For the purpose of providing evidence of destruction, operators shall draw up a declaration of conformity and join supporting documentation with information on the facility, the proof of availability and operation of the best available recovery technology at ~~the~~that facility, and proof of the measures adopted to recover emissions of sulfuryl fluoride. ~~/ Where~~The ~~recovery~~effectiveness of ~~sulfuryl~~the ~~fluoride~~system shall be independently scientifically verified. / Where recovery is not technically ~~feasible~~or ~~and~~economically ~~entails~~feasible, ~~disproportionate~~operators ~~costs,~~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 inand ~~that~~the ~~specific~~absence ~~case.~~of alternative treatment options. / The operator shall retain the declaration of conformity and the ~~supporting~~ documentation for five years and shall make them available, on request, to the competent authorities of a Member State and to the Commission.

Change 10

Removed:Sulfuryl fluoride is a high GWP gas, which is intentionally released from the enclosure by natural ventilation or forced ventilation. Where possible, residual sulfuryl fluoride gas should be recaptured from the air stream.

Change 11

Removed:Leaks of f-gases can occur also during the manufacturing of equipment, not only during the use of the equipment. During the manufacturing of electrical switchgears significant leakages occur that should be covered by leakage check requirements.

Added:Article 5 – paragraph 1 – subparagraph 2: Hermetically sealed residential equipment that contains less than 10 tonnes of CO2 equivalent of fluorinated greenhouse gases listed in Annex I or 2 kilograms of fluorinated greenhouse gases listed in Annex II, Section I, shall not be checked for leaks, provided the equipment is labelled as hermetically sealed and its connected parts have a tested leakage rate of less than 3 grams per year under a pressure of at least a quarter of the maximum allowable pressure.

Change 12

Removed:All emissions should be accounted for. Therefore, no threshold should be set on the amount of f-gases for which leak checks are required. Very high amounts of SF6 are “stored” in existing equipment, 50% of which falls under the 6-kilogram threshold. Avoiding leaks from this equipment will benefit the environment but also ensure proper functioning and reduce safety risks of equipment failure.

Added:Article 5 – paragraph 2 – subparagraph 1 – point e: (e) refrigeration units of refrigerated trucks and trailers, vans and ships;

Removed:~~Article 5 – paragraph 2 – subparagraph 1 – point e: (e) refrigeration units of refrigerated vans, trucks, trailers and ships;~~

Added:Article 5 – paragraph 2 – subparagraph 1 – point e a (new): (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 air conditioning systems in motor vehicles and amending Council Directive 70/156/EEC (OJ L 161, 14.6.2006, p. 12).

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Removed:Mobile equipment often has high leakage rates due to vibrations during movement; the external preparatory study informing the impact assessment for this proposal found that leakage rates from operation of transport refrigeration are as follows: vans 28%, trucks and trailers 18% and ships 40%.

Added:Article 6 – paragraph 2: 2. Operators of the equipment listed in Article 5(2), points (f) and (g), and containing fluorinated greenhouse gases listed in Annex I in quantities of 500 tonnes of CO2 equivalent or more and installed from 1 January 2017, shall ensure that equipment is provided with a leakage detection system which alerts the operator or a service company of any leakage. For the purposes of Article 5(2), point (g), the leakage detection system shall have a higher sensitivity than a pressure- or density-monitoring device.

Removed:Article 5 – paragraph 2 – subparagraph 1 – point e a (new): (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;

Added:Article 7 – paragraph 1 – point b: (b) the quantities of gases added during installation, maintenance or servicing or due to leakage, including the exact timing of such addition;

Removed:Mobile equipment often has high leakage rates due to vibrations during movement; the external preparatory study informing the impact assessment for this proposal found that leakage rates from mobile air-conditioning from sectors not covered by the MAC Directive span from 7% for metros and trains to 40% for passenger and cargo ships.

Change 13

Removed:~~To be seen in conjunction with AM to Article 5 – paragraph 2 – subparagraph 1 – point e~~

Change 14

Removed:~~To be seen in conjunction with AM to Article 5 – paragraph 2 – subparagraph 1 – point e~~

Change 15

Removed:~~Annex II Sections 2 and 3 contain fluorinated greenhouse gases with GWPs ranging from 702 to 13,400. It is incumbent on the EU to promote recovery and destruction of these gases wherever possible.~~

Change 16

Added:Article 9 – title: Extented producer responsibility schemes

Removed:~~Article 9 – title: Extended producer responsibility schemes~~

Added:Article 9 – paragraph 1: Without prejudice to existing Union legislation, Member States shall require that by 31 December 2027 extended producer responsibility schemes are established for the recovery, recycling, reclamation or destruction of fluorinated greenhouse gases listed in Annexes I and II, taking into account already applicable producer responsibility schemes.

Change 17

Changed:Article 9 – paragraph 1:1 1.a ~~Without~~(new): ~~prejudice~~The toCommission ~~existing~~shall, ~~Union~~by ~~legislation,~~31 ~~Member~~December ~~States~~2025, ~~shall~~adopt ~~require~~delegated ~~that~~acts in accordance with Article 32 to supplement this Regulation by 31setting ~~December~~out ~~2027~~minimum ~~extended~~requirements for the producer responsibility schemes ~~are~~referred ~~established~~to ~~for~~in ~~the~~paragraph ~~recovery,~~1, ~~recycling,~~including ~~reclamation~~on orcollection, ~~destruction~~reclamation, ofrecycling, ~~fluorinated~~disposal ~~greenhouse~~facilities, ~~gases~~equipment ~~listed~~provision into ~~Annexes~~certified Itechnicians, reporting and ~~II.~~awareness raising.

Change 18

Removed:The EU should set out some minimum requirements for collection, reclamation, recycling, disposal facilities, equipment provision to certified technicians, reporting and awareness-raising. According to the evaluation report that accompanied the impact assessment for this proposal, just four Member States confirmed that a producer responsibility scheme was in place and two Member States declared that a scheme was planned. In recent years, however, EPR has become a mainstream EU policy approach, most significantly with the revision of the Waste Framework Directive (WFD).

Added:Article 9 – paragraph 1 b (new): 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).

Removed:Article 9 – paragraph 1 a (new): 1a. The Commission shall, by 31 December 2025, adopt delegated acts in accordance with Article 32 to supplement this Regulation by setting out minimum requirements for the producer responsibility schemes referred to in paragraph 1, including on collection, reclamation, recycling, disposal facilities, equipment provision to certified technicians, reporting and awareness raising.

Added:Article 9 – paragraph 1 b – point a (new): (a) the costs of collection, including the provision of accessible collection points, storage and transport;

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Added: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 onsite recycling.

Removed:Article 9 – paragraph 1 b (new): 1b. Member States shall ensure that producers and importers of fluorinated greenhouse gases listed in Annexes I and II cover the costs pursuant to the extended producer responsibility provisions in Directive 2008/98/EC of the European Parliament and of the Council and, insofar as not already included, cover at least the following costs: / (a) the costs of collection, including the provision of accessible collection points, storage and transport; / (b) the costs of recycling units for natural persons certified in accordance with Article 10 for the purposes of onsite recycling.

Change 19

Changed:Article 10 – paragraph 2:1 2.– introductory part: 1. Member States ~~shall~~shall, ~~ensure~~on ~~that~~the ~~training~~basis ~~programmes~~of ~~for~~the ~~natural~~minimum ~~persons~~requirements ~~recovering~~referred ~~fluorinated~~to ~~greenhouse~~in ~~gases~~paragraph ~~listed~~5, inestablish ~~Annex~~or Iadapt ~~and~~certification ~~Annex~~programmes, ~~II,~~including ~~Section~~evaluation Iprocesses, and ~~relevant~~ensure ~~alternatives~~that ~~from~~training ~~air-conditioning~~on ~~equipment~~practical inskills ~~motor~~and ~~vehicles~~theoretical ~~falling~~knowledge ~~within~~is ~~the~~available ~~scope~~for ofnatural ~~Directive~~persons ~~2006/40/EC~~carrying ofout the ~~European~~following ~~Parliament~~tasks involving fluorinated greenhouse gases listed in Annex I and ofAnnex ~~the~~II ~~Council42~~and ~~are~~other ~~available,~~relevant ~~pursuant~~alternatives to ~~paragraph~~fluorinated 5.greenhouse gases:

Change 20

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

Added:Article 10 – paragraph 2: 2. Member States shall ensure that training programmes for natural persons recovering fluorinated greenhouse gases listed in Annex I and Annex II, Section I, and other relevant alternatives to fluorinated greenhouse gases, from air-conditioning equipment in motor vehicles falling within the scope of Directive 2006/40/EC of the European Parliament and of the Council42 are available, pursuant to paragraph 5.

Removed:It is important to clarify that certification must be available not only for f-gases but also for the use of natural alternatives, which have different characteristics compared to f-gases and must be handled differently.

Added:Article 10 – paragraph 3 – introductory part: 3. The certification programmes and training provided for in paragraphs 1 and 2 shall cover at least the following,

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Removed:Article 10 – paragraph 4: 4. Certificates under the certification programmes referred to in paragraph 1 shall be subject to the condition that the applicant has successfully completed an evaluation process established in accordance with paragraphs 1, 3 and 5, every five years.

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

Removed:~~Considering the fast pace at which technologies evolve, it would be appropriate to set a maximum validity period for certificates of 5 years, after which new certification should be required.~~

Added:Article 10 – paragraph 6 a (new): 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.

Removed:Article 10 – paragraph 8 – subparagraph 1: By 1 January [OP, please insert the date = one year following the entry into force of this Regulation] Member States shall notify the Commission of certification and training programmes and the number of certified and trained persons for fluorinated greenhouse gases and the relevant alternatives in each sector. Where certification and training for the relevant alternatives falls below a minimum threshold, for each year below that threshold, Member States shall accompany the notification with a plan setting out actions to increase certification and training on the relevant alternatives as from the following calendar year.

Added:Article 10 – paragraph 7: 7. Existing training attestations issued in accordance with Regulation (EU) No 517/2014 shall remain valid, in accordance with the conditions under which they were originally issued. The validity of existing certificates may be subject to additional requirements to reflect the extension of the certification scheme to other relevant alternatives to fluorinated greenhouse gases.

Removed:Article 10 – paragraph 9: 9. The Commission shall, by means of implementing acts, determine the minimum threshold and the format of the notification referred to in paragraph 8. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 34(2).

Added:Article 10 – paragraph 8 – subparagraph 1: By 1 January [OP, please insert the date = one year following the entry into force of this Regulation] Member States shall notify the Commission of certification and training programmes and the number of certified and trained persons for fluorinated greenhouse gases and the relevant alternatives in each sector. Where certification and training for the relevant alternatives fall below a minimum threshold, Member States shall accompany the notification with a plan, compiled in consultation with the relevant stakeholders, including social partners, setting out actions to increase certification and training on the relevant alternatives as from the following calendar year.

Removed:Article 11 – paragraph 1 – subparagraph 3: 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.

Added:Article 10 – paragraph 9: 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).

Removed:~~There is no reason why operators should be allowed to sell banned equipment during two years after the entry into force of the ban.~~

Added:Article 10 – paragraph 10: 10. An undertaking may assign a task referred to in paragraph 1 to another undertaking only after verification that the latter holds the necessary certificates for the required tasks referred to in paragraph 1.

Change 21

Changed:Article 11 – paragraph 31 – subparagraph 21 a (new): ~~Undertakings which place on the market refillable containers for fluorinated greenhouse gases listed in Annexes I and II shall produce a~~By ~~declaration~~way of ~~conformity~~derogation ~~that~~from ~~includes~~the ~~evidence~~first ~~confirming~~subparagraph, the ~~arrangements~~placing inon ~~place~~the ~~for~~market ~~the~~of ~~return~~parts of ~~that~~equipment ~~container~~required for ~~the~~repairs ~~purpose~~and ofservicing ~~refilling.~~of /existing ~~They~~equipment shall ~~keep the declaration of~~be ~~conformity~~allowed for a period of atup ~~least~~to ~~five~~10 years after the ~~placing~~dates onof the ~~market~~placing ofon ~~refillable~~the ~~containers~~market ~~and~~prohibitions ~~shall~~set ~~make~~out itin ~~available,~~Annex onIV, ~~request,~~provided tothat the ~~competent authorities of~~repair ~~Member~~or ~~States~~servicing ~~and~~does ~~the~~not ~~Commission.~~result /in ~~The~~an ~~Commission~~increase ~~may,~~in bythe ~~means~~capacity of ~~implementing acts, supplement this Regulation~~the byequipment ~~determining~~or ~~the~~an ~~details~~increase ofin the ~~declaration~~amount of ~~conformity.~~fluorinated ~~Such~~gases ~~implementing~~contained ~~acts~~in ~~shall~~the beequipment ~~adopted~~or in ~~accordance~~the ~~with~~fluorinated ~~Article~~gases ~~34(2).~~used.

Change 22

Removed:~~Needed to prevent that containers are not refilled and are instead discarded, with the residual amount of refrigerants being released into the atmosphere when the containers are emptied.~~

Added:Article 11 – paragraph 1 – subparagraph 3: Six months 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.

Removed:Article 12 – paragraph 2: 2. Products or equipment subject to an exemption as referred to in Article 11 (4) shall be labelled accordingly, mentioning the validity period of the exemption, and shall include a reference that those products or equipment may only be used for the purpose for which an exemption under that Article was granted.

Added:Article 11 – paragraph 3 – subparagraph 1: 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 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, 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.

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Removed:~~exemptions are granted for a 4-year period maximum.~~

Added:Article 11 – paragraph 3 a (new): 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 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 five years after the placing on the market of refillable containers and shall make it available, on request, to the competent authorities of Member States and the Commission. 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 to the 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).

Removed:Article 12 – paragraph 3 – subparagraph 1 – point c: (c) from 1 January 2017, the quantity expressed in weight and in CO2 equivalent of fluorinated greenhouse gases contained in the product or equipment, or the quantity of fluorinated greenhouse gases for which the equipment is designed, and the global warming potential of those gases, both on a 100- and 20-year timescale.

Added:Article 11 – paragraph 4 – subparagraph 1 – introductory part: 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, containing fluorinated greenhouse gases or whose functioning relies upon those gases, where it is demonstrated that:

Removed:Many HFCs have a far greater GWP on the short term than on the long term. Displaying the 20-year GWP on labels next to the 100-year GWP will contribute to increasing awareness about the short term high global warming impact of some gases.

Added: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 attestation 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,. / 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.

Change 23

Changed:Article 1211 –a ~~paragraph~~(new): 3Article –11a ~~subparagraph~~/ 2Restriction aon ~~(new):~~the ~~Where~~export ~~relevant,~~of ~~retrofitted~~certain products orand equipment containing fluorinated greenhouse gases / The export of products and equipment, including parts thereof, listed in Annex IV, with an exemption for military equipment, shall be ~~relabelled~~prohibited ~~with~~from ~~updated~~the ~~information~~date ~~referred~~specified in that Annex, differentiating, where applicable, according to inthe ~~this~~type ~~paragraph.~~or global warming potential of the gas contained.

Change 24

Removed:~~needed in case the f-gases or their blends change when the equipment is retrofitted.~~

Added:Article 12 – paragraph 2: 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 used for the purpose for which an exemption under that Article was granted.

Removed:~~Article 12 – paragraph 5 a (new): 5a. Where relevant, refilled containers of fluorinated greenhouse gases shall be relabelled with updated information as referred to in the first subparagraph.~~

Added:Article 12 – paragraph 3 – subparagraph 1 – point c: (c) from 1 January 2017, the quantity expressed in weight and in CO2 equivalent of fluorinated greenhouse gases contained in the product or equipment, or the quantity of fluorinated greenhouse gases for which the equipment is designed, and the global warming potential of those gases, both on a 100- and a 20-year timescale.

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Removed:~~containers may be refilled with different f-gases from before.~~

Added:Article 12 – paragraph 3 – subparagraph 2 a (new): Where relevant, retrofitted products or equipment containing fluorinated greenhouse gases shall be relabelled with updated information as referred to in this paragraph.

Removed:Article 13 – paragraph 3 – subparagraph 1: From 1 January 2024, the use of fluorinated greenhouse gases listed in Annex I, with a global warming potential of 2 500 or more, for the servicing or maintenance of refrigeration, air conditioning and heat pump equipment is prohibited.

Added:Article 12 – paragraph 5 a (new): 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.

Change 25

Changed:Article 1312 – paragraph ~~3 – subparagraph 2:~~10: deleted

Change 26

Removed:~~This exemption is not well justified in the impact assessment, and it provides a disincentive for these sectors to use of lower-GWP HFCs and non-fluorinated alternatives.~~

Added:Article 12 – paragraph 13 – subparagraph 1: In case of hydrofluorocarbons, the label referred to in paragraphs 7 to 9 and 11 shall include the indication “exempted from quota under Regulation (EU) No …/… [OP: Please add reference to this Regulation]”.

Change 27

Changed:Article 1312 – paragraph 313 – subparagraph 32: –In ~~introductory~~the ~~part:~~absence ~~The~~of ~~prohibition~~the labelling requirements referred to in the first subparagraph ~~shall~~and ~~not~~in ~~apply~~paragraphs 7 to 9 and 11, the ~~following~~hydrofluorocarbons ~~categories~~shall ofbe ~~fluorinated~~subject ~~greenhouse~~to ~~gases~~the ~~until~~quota 1requirements ~~January~~pursuant ~~2027:~~to Article 16(1).

Change 28

Removed:~~Allowing reclaimed and recycled f-gases to be used for a long period of time perpetuates the demand for these greenhouse gases and hampers the accelerated use natural alternatives.~~

Added:Article 13 – paragraph 3 – subparagraph 1: From 1 January 2024 the following uses shall be prohibited: / (a) the servicing or maintenance of stationary refrigeration equipment, with the exclusion of chillers, by fluorinated greenhouse gases listed in Annex I, with a global warming potential of 150 or more; / (b) the servicing or maintenance of air conditioning and heat pump equipment, mobile refrigeration equipment and chillers by fluorinated greenhouse gases listed in Annex I, with a global warming potential of 2 500 or more.

Removed:Article 13 – paragraph 4 a (new): 4a. From 1 January 2030, the use of sulfuryl fluoride for post-harvest fumigation and treatment of wood and wooden products against pest infestation is prohibited, except where such use shall be strictly required for a phytosanitary certificate and no other treatment can be used.

Added:Article 13 – paragraph 3 – subparagraph 2: 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.

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Removed:SF2O2 emissions are growing globally and expected to increase significantly in the future. Despite the high GWP and increasing use of this gas, emissions of sulfuryl fluoride have not been regulated or monitored. There are however scalable alternatives to wood treatment against pest infestation such as irradiation, temperature treatments, debarking, drying with vacuum dryers, hot water steam vacuum process and hydrogen phosphide.

Added:Article 13 – paragraph 3 – subparagraph 3 – point a: (a) reclaimed fluorinated greenhouse gases listed in Annex I with a global warming potential of 150 or more used for the maintenance or servicing of existing stationary refrigeration equipment, with the exclusion of chillers, provided that they have been labelled in accordance with Article 12(6);

Removed:~~Chapter IV – title: PRODUCTION SCHEDULE, REDUCTION OF THE QUANTITY OF HYDROFLUOROCARBONS PLACED ON THE MARKET AND RESTRICTION ON EXPORT OF HYDROFLUOROCARBONS~~

Added:Article 13 – paragraph 3 – subparagraph 3 – point a a (new): (aa) 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 air conditioning and heat pump equipment, mobile refrigeration and chillers, provided that they have been labelled in accordance with Article 12(6);

Removed:~~Article 16 – paragraph 2 – point d: deleted~~

Added:Article 13 – paragraph 3 – subparagraph 3 – point b: (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;

Removed:~~This exemption is not an enumerated exemption under the Montreal Protocol, it is not well justified in the impact assessment, and it discourages the development of natural alternatives.~~

Added:Article 13 – paragraph 3 – subparagraph 3 – point b a (new): (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 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 which the recovery was carried out as part of maintenance or servicing.

Added: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. 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.

Added:Article 13 – paragraph 4 a (new): 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.

Change 29

Removed:~~This exemption is not an enumerated exemption under the Montreal Protocol, it is not well justified in the impact assessment, and it discourages the development of natural alternatives.~~

Added:Article 16 – paragraph 3 – subparagraph 1 a (new): The Commission shall continuously monitor the Union’s semiconductor 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 supply to the Union’s market of semiconductor materials or of vapour deposition chambers.

Removed:Article 16 a (new): Article 16a / Restriction on the export of certain hydrofluorocarbons and of products and equipment containing those hydrofluorocarbons / The export of fluorinated greenhouse gases listed in Annex I, Section 1, with a GWP of 2 500 or more, and of products and equipment containing those gases, shall be prohibited.

Added:Article 16 – paragraph 4 – subparagraph 1 – introductory part: 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 categories of products or equipment, where it is demonstrated in the request that:

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Removed:The EU as a global leader in climate change mitigation should not allow the export at least of the most climate harmful f-gases to third countries, also considering that such countries may not have the same stringent containment standards and infrastructure as the EU has.

Added:Article 16 – paragraph 4 – subparagraph 1 – point a: (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

Change 30

Changed:Article 17 – paragraph 5 – subparagraph 1: The allocation of quotas is subject to the payment of the amount ~~specified~~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 procedure referred to in 34(2).

Change 31

Removed:the rapporteur suggests to have a step-wise increase of the quota price, guaranteeing stable revenues that can be used for the administration of the Regulation, better enforcement, and support to the roll-out of alternative technologies.

Added:Article 17 – paragraph 6: 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, including on public health and the users of MDIs.

Removed: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), 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, to support Member States' enforcement of this Regulation, including that related to sale via the internet and the seizure and destruction of illegal fluorinated greenhouse gases, to support the roll-out of alternatives to fluorinated greenhouse gas, particularly in the sectors incurring high mitigation costs, to enhance the related professional skills, and to ensure compliance with the Protocol. Any revenue remaining after covering these costs shall be entered into the general budget of the Union.

Added:Article 17 – paragraph 6 a (new): 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 the Union’s heat pump market, and shall submit a report to the European Parliament and the Council. / 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 creates disruptions in the Union’s 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 decision to adopt or not to adopt the delegated acts referred to in the second subparagraph. / 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.

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Removed:Article 19 – paragraph 1: 1. Refrigeration, air conditioning, heat pump equipment and metered dose inhalers charged with hydrofluorocarbons shall not be placed on the market unless hydrofluorocarbons charged into the equipment or product are accounted for within the quota system referred to in this Chapter.

Added: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.

Added:Article 18 – paragraph 1: 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 the requirements of Title II of Regulation (EC) No 1907/2006 of the European Parliament and of the Council. The only representative may be the same as the one mandated pursuant to Article 8 of Regulation (EC) No 1907/2006 of the European Parliament and of the Council43 .

Added:Article 19 – paragraph 1: 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.

Added: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).

Change 32

Removed:it is better to require registration of equipment and products even if they are for temporary storage, so that if eventually they aren't and are placed on the market, they can be traced back. Moreover, temporary storage is not exempt from the licencing requirements under the Montreal Protocol.

Added:Article 20 – paragraph 4 – subparagraph 1 – point c: (c) supplying, or receiving hydrofluorocarbons for the purposes listed in points (a) to (d) of Article 16(2);

Removed:~~Article 20 – paragraph 4 – subparagraph 1 – point c: (c) supplying, or receiving hydrofluorocarbons for the purposes listed in points (a) to (c) of Article 16(2);~~

Added:Article 20 – paragraph 7 – subparagraph 2: 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; / (e) facility-level chemical destruction data.

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Removed:There are a number of exemptions under the licensing system, including HFCs for: feedstock applications; export out of the Union; military and specified semiconductor industry uses; destruction; and HFCs in temporary storage. As currently envisaged, the licensing requirements do not fulfil the requirements of the Montreal Protocol, which requires each Party to establish and implement a system for licensing the import and export of new, used, recycled and reclaimed “controlled substances” in Annex F of the Protocol. All HFCs in Annex F (which mirror the HFCs listed in Section I of Annex 1 of the EU F-Gas Regulation) are controlled substances, whether or not their production, placing on the market or use is exempt from the phase-down (e.g., for feedstock, military use etc.), and therefore should be covered by the licensing system.

Removed:Article 20 – paragraph 7 – subparagraph 2: The Commission and competent authorities of the Member States shall ensure that the following data included in the F-gas Portal is publicly available: / (i) regularly updated quota allocation; / (ii) information on undertakings receiving a quota transfer and the amount received; / (iii) a list of registered suppliers; / (iv) detailed trade data on each import, including point of entry and type of HFC; / (v) transhipment data; / (vi) domestic HFC production data including production for feedstock and facilities that produce HFC-23; and / (vii) facility-level chemical destruction data.

Removed:The lack of transparency in the EU F-Gas Regulation makes it hard for civil society, the broader enforcement community and other market players to scrutinise compliance. The EU F-Gas Regulation should have a more transparent approach to data sharing.

Change 33

Removed:Article 23 – paragraph 5: 5. Customs authorities shall communicate information regarding the customs clearance of goods to the F-gas Portal via the European Union Single Window Environment for Customs.

Added:Article 22 – paragraph 1 a (new): 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.

Change 34

Changed:Article 23 – paragraph 6: 6. Importers of fluorinated greenhouse gases ~~listed~~ in ~~Annex I and Annex II, Section 1, in~~ refillable containers shall make available to customs authorities, at the time the customs declaration related to the release for free circulation is submitted, a declaration of conformity including evidence confirming the arrangements in place for the return of the container for the purpose of ~~refilling, as referred to in Article 11(3a).~~refilling.

Change 35

Removed:~~Article 23 – paragraph 12 – subparagraph 1 a (new): Customs and other enforcement authorities shall destroy confiscated materials.~~

Added: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) 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.

Removed:Customs authorities should be required to confiscate or seize any illegal shipment, discouraging illegal HFC traders from any economic benefit of their activities, and then destroy the confiscated material.

Added:Article 23 – paragraph 12 – subparagraph 2: For other substances and products and equipment covered by this Regulation, customs authorities shall seize and confiscate fluorinated greenhouse gases imported or exported in violation of 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.

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Removed:Article 23 – paragraph 12 – subparagraph 2: For other substances and products and equipment covered by this Regulation, if seizure and confiscation of illegal shipments is not an option, alternative measures may be taken to prevent unlawful import, further supply, or export, in particular in cases of hydrofluorocarbons placed on the market in bulk or charged in products and equipment in violation of the quota and authorisation requirements set out in this Regulation.

Added:Article 24 – paragraph -1 (new): -1. By 30 June 2025, the Commission shall publish a report evaluating the potential risks of illegal trade and identifying additional measures to reduce those risks linked to movements of fluorinated greenhouse gases and of products and equipment containing those gases or whose functioning relies upon those gases when placed under temporary storage, or a customs procedure including customs warehousing or free zone procedure or in transit through the customs territory of the Union, including tracing methodologies for gases placed on the market, such as quick response (QR) codes.

Removed:Article 24 – paragraph 1: The Commission is empowered to adopt delegated acts in accordance with Article 32 to supplement this Regulation by establishing additional measures to those set out in this Regulation for the monitoring of fluorinated greenhouse gases and of products and equipment containing those gases or whose functioning relies upon those gases placed under temporary storage, or a customs procedure including customs warehousing or free zone procedure or in transit through the customs territory of the Union, on the basis of an evaluation of the potential risks of illegal trade linked to such movements, including tracing methodologies for gases placed on the market, taking into account the environmental benefits and socio-economic impacts of such measures. Such measures may include a QR-code based system to track and trace fluorinated greenhouse gases and products and equipment containing those gases.

Change 36

Removed:~~the removal of minimum quantity prevents importation of small consignments for illegal trade to avoid fulfilling the reporting obligation and conforms to the Montreal Protocol.~~

Change 37

Removed:~~All undertakings destroying fluorinated greenhouse gases should be subject to reporting to promote compliance.~~

Change 38

Removed:~~This threshold should be eliminated to conform to the Montreal Protocol and prevent loopholes for illegal traders.~~

Change 39

Removed:Article 29 – paragraph 4: 4. The competent authorities shall keep records of the checks indicating in particular their nature and results, as well as on the measures taken in case of non-compliance. Records of all checks shall be kept for at least five years. The competent authorities shall also collect the checked trade records and keep the information for at least five years.

Added:Article 27 – paragraph 2 a (new): 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.

Added:Article 29 – paragraph 1: 1. The competent authorities of Member States shall carry out regular checks to establish whether undertakings comply with their obligations under this Regulation.

Added:Article 29 – paragraph 3 – subparagraph 1: 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 as checks of online platforms selling bulk fluorinated gases or products and equipment that contain such gases.

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Added:Article 29 – paragraph 5: 5. At the request of another Member State, a Member State shall conduct checks on undertakings suspected of being engaged in the illegal movement of the gases and products and equipment covered by this Regulation and which are operating on the territory of that Member State. The requesting Member State shall be informed about the result of the check.

Change 40

Removed:Article 29 a (new): Article 29a / Access to justice / Member States shall ensure that, in accordance with their national law, members of the public concerned who meet the conditions set out in paragraph 2, including natural or legal persons or their associations, organisations or groups, have access to a review procedure before a court of law, or another independent and impartial body established by law, to challenge the substantive or procedural legality of decisions, acts and omissions that fail to comply with the legal obligations provided for in this Regulation. / For the purposes of this paragraph, an act or omission that fails to comply with legal obligations provided for in this Regulation includes an act or omission with respect to a measure adopted for the purposes of implementing those obligations, where that measure fails to make a sufficient contribution to such implementation. / 2. Members of the public concerned shall be deemed to meet the conditions referred to in paragraph 1 where: / (a) they have sufficient interest; or / (b) they maintain impairment of a right, where administrative procedural law of a Member State requires that as a precondition. / What constitutes a sufficient interest shall be determined by Member States consistently with the objective of giving the members of the public concerned wide access to justice and in conformity with the Aarhus Convention. To that end, the interest of any non-governmental organisation promoting environmental protection and meeting an…

Added:Article 31 – paragraph 5 – subparagraph 1: 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 maximum administrative fines of at least six times the market value of the gases or products concerned 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 maximum administrative fines of at least ten times the value of the gases or products and equipment concerned.

Removed:Article 31 – paragraph 5 – subparagraph 1: In cases of unlawful production, import, export, placing on the market, or use of fluorinated greenhouse gases or of products and equipment containing those gases or whose functioning relies on those gases, Member States shall envisage minimum administrative fines of at least five times the market value of the concerned gases or products and equipment concerned. In case of a repeated infringement within a five-year period, the Member States shall envisage minimum administrative fines of at least eight times the value of the gases or products and equipment concerned.

Added: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), 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].

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Removed:Penalties vary from one Member State to the other and in some cases may not be proportionate to the economic gains of illegal activities. It would therefore be more effective to set minimum penalties for non-compliance.

Added:Article 32 – paragraph 3: 3. The delegation of power referred to in 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, 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.

Removed:Article 35 – paragraph 1 a (new): The Commission shall continuously monitor technological and market developments in relation to the use of fluorinated greenhouse gases and their natural alternatives in the Union. / Where the Commission finds evidence of the emergence or acceleration of the use of low GWP fluorinated greenhouse gases or of natural alternatives in products and equipment placed on the Union market, it shall, where appropriate, propose to amend this Regulation by strengthening the prohibitions on the placing on the market of high GWP fluorinated greenhouse gases in the products or equipment concerned.

Added:Article 32 – paragraph 6: 6. A delegated act adopted pursuant to in 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, Article 35(1), Article 35(1a) and Article 35(1b) 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.

Removed:As technologies evolve very fast, it is important to make sure that the Commission proposes a revision of this Regulation as soon as low GWP options appear, so that this Regulation can mitigate more emissions and provide a greater contribution to the achievement of the EU climate neutrality target and the Paris Agreement goal.

Added:Article 33 – paragraph 1: The Commission shall establish a Consultation Forum for providing advice and 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.

Change 41

Changed:Article 35 – paragraph 1 ba (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 ~~Annexes I,~~this IIRegulation, and ~~III by moving fluorinated greenhouse gases~~strengthen ~~from~~the ~~Annex~~prohibitions ~~III~~on tothe ~~Annexes~~placing Ion orthe IImarket orof byhigh ~~introducing~~GWP fluorinated greenhouse gases in ~~Annexes~~the Iproducts or ~~II,~~equipment concerned, where it ~~has~~finds evidence of the ~~placing~~emergence onor acceleration of the ~~market~~use of low GWP fluorinated greenhouse gases ~~listed in Annex III~~ or of ~~fluorinated greenhouse gases not~~natural ~~listed~~alternatives in ~~Annexes~~products I,and IIequipment orplaced ~~III~~on tothe ~~this~~Union ~~Regulation.~~market.

Change 42

Changed:~~Fluorinated gases listed in Annex III are not~~Article ~~commercialised;~~35 ~~they~~– ~~are~~paragraph ~~only~~1 ~~used~~b ~~research~~(new): ~~and~~1b. ~~development.~~The IfCommission ~~they~~is ~~start~~empowered ~~being~~to ~~commercialised,~~adopt ~~then~~delegated ~~the~~acts ~~Commission~~in ~~should~~accordance ~~have~~with ~~the~~Article ~~power~~32 to ~~move them to~~amend Annexes ~~I and~~I, II soand ~~that~~III ~~their~~by ~~emissions~~moving ~~are~~fluorinated ~~properly~~greenhouse ~~controlled~~gases ~~and~~from ~~mitigated.~~Annex ~~Should~~III ~~new~~to ~~gases,~~Annex ~~not~~I ~~listed~~or inII ~~any~~or ~~Annex,~~by ~~appear~~introducing onfluorinated ~~the~~greenhouse ~~market,~~gases ~~the~~in ~~Commission~~Annex ~~should~~I ~~have~~or ~~the~~II, ~~power~~where toit ~~add~~has ~~them~~evidence toof ~~Annexes~~the Iplacing oron ~~II,~~the ~~again~~market ~~with~~of ~~the~~fluorinated ~~purpose~~greenhouse togases ~~properly~~listed ~~contain~~in ~~and~~Annex ~~mitigate~~III ~~their~~or ~~emissions.~~of ~~This~~fluorinated ~~empowerment~~greenhouse isgases ~~aligned~~not ~~with~~listed ~~the~~in ~~empowerment~~Annex ~~provided~~I, inII ~~the~~or ~~ODS~~III, ~~Regulation.~~respectively.

Change 43

Removed:~~Stationary refrigeration no longer requires the use of fluorinated greenhouse gases, as there is an abundance of natural refrigerant alternatives available. (See Oko-Insitut et al (2022)~~

Added: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.

Removed:~~Stationary refrigeration no longer requires the use of fluorinated greenhouse gases, as there is an abundance of natural refrigerant alternatives available. (See Oko-Insitut et al (2022)~~

Added:Article 35 – paragraph 2: By 1 January 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.

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Removed:~~Stationary refrigeration no longer requires the use of fluorinated greenhouse gases, as there is an abundance of natural refrigerant alternatives available. (See Oko-Insitut et al (2022))~~

Added: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:~~Stationary refrigeration no longer requires the use of fluorinated greenhouse gases, as there is an abundance of natural refrigerant alternatives available. (See Oko-Insitut et al (2022))~~

Added: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:Many producers of plug in room air conditioners and heat pumps have already moved to the safe and efficient use of propane in the EU market, as there are dozens of models available on the European market and plans from some large manufacturers to scale up production.

Added:Deleted

Removed:Given the recent adoption of standard IEC-60335-2-40, the proposed ban in split systems up to 12 kw can be met with propane. In specific cases where this is not possible, the safety exeption allowes for some flexiblity. In split systems above 200 kw, ammonia and CO2 are available alternatives.

Added:Deleted

Removed:~~Foams have a product lifetime of 50 years and the recovery of F-gases within is expensive. Alternatives relying on H20 and CO2 are already available for XPS and PU Spray foams.~~

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:~~Technical aerosols can convert to alternatives to fluorinated greenhouse gases, according to the 2012 preparatory study.~~

Added:Annex V – paragraph 1 – point d: (d) for the period 1 January 2036 to 31 December 2049, 15% of the annual average of its production in 2011-2013.

Removed:Transport refrigeration units have high leakage rates and poor end of life refrigerant recovery making this an important subsector for urgent action to address fluorinated gas emissions. Alternatives exist already on the market but uptake has been slow. An Annex IV prohibition is appropriate to motivate the market to shift.

Added:Annex V – paragraph 1 – point d a (new): (da) for the period 1 January 2050 and thereafter, 0% of the annual average of its production in 2011-2013.

Removed:In this subsector, natural alternatives are avaiable to transition away from HFCs and HFOs, the latter are increasingly used. Leakage rates are typically high, making it an important sector to take action.

Added:Annex VI – title: Method of calculating the total GWP of a mixture referred to in Article 3(2)

Removed:Mini-chillers require very little refrigerant charge and can rely on propane. A clear market signal is necessary to avoid large scale use of of mid-GWP HFCs, HFOs and HFC blends. (See Oko-Insitut et al (2022)).

Added:Mistake in the paragraph referenced.

Removed:Displacement and centrifugal chillers currently have multiple natural refrigerant alternatives. The use of F-gases in these sectors unnecessarily consumes HFC quotas and contributes to illegal HFC trade. (See Oko-Insitut et al (2022)).

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 IV – point 2: 2. The exemption referred to in point 23 may be authorised by the competent authority of a Member State following a substantiated request by an operator. The operator’s request shall include documentation proving that following an open call for tender no suitable alternative on technical grounds, given the demonstrated specificities of the application, are available that could meet the conditions set out in point 23. The competent authority shall make the documentation available to the Commission, upon request.

Removed:~~Annex V – paragraph 1 – point a: (a) for the period 1 January 2024 to 31 December 2026, 23,2 % of the annual average of its production in 2011-2013;~~

Removed:The Commission goes against the logic of the Montreal Protocol by not aligning production and consumption. The practical implication is that while the EU is phasing out its HFC consumption, it will be producing surplus HFCs for export to the global market. Aligning the two schedules ensures consistency and secures the additional climate benefit from early action in the EU.

Removed:~~Annex V – paragraph 1 – point b: (b) from the period 1 January 2027 to 31 December 2029, 9 % of the annual average of its production in 2011-2013;~~

Removed:~~Annex V – paragraph 1 – point c: (c) for the period 1 January 2030 to 31 December 2032, 3, 9 % of the annual average of its production in 2011-2013;~~

Removed:~~Annex V – paragraph 1 – point d: (d) for the period 1 January 2033 to 31 December 2035, 3, 3 % of the annual average of its production in 2011-2013;~~

Removed:~~Annex V – paragraph 1 – point d a (new): (da) for the period 1 January 2036 to 31 December 2038, 3, 1 % of the annual average of its production in 2011-2013;~~

Removed:~~Annex V – paragraph 1 – point d b (new): (db) for the period 1 January 2039 to 31 December 2041, 2, 8 % of the annual average of its production in 2011-2013;~~

Removed:~~Annex V – paragraph 1 – point d c (new): (dc) for the period 1 January 2042 to 31 December 2044, 2, 6 % of the annual average of its production in 2011-2013;~~

Removed:~~Annex V – paragraph 1 – point d d (new): (dd) for the period 1 January 2045 to 31 December 2047, 2, 3 % of the annual average of its production in 2011-2013;~~

Removed:~~Annex V – paragraph 1 – point d e (new): (de) for the period 1 January 2048 to 31 December 2049, 2 % of the annual average of its production in 2011-2013; and~~

Removed:~~Annex V – paragraph 1 – point d f (new): (df) for the period 1 January 2050 and thereafter, 0 % of the annual average of its production in 2011-2013.~~

Removed:~~Annex VI – paragraph 4 a (new): The GWP of mixtures is evaluated at the composition within specified tolerances that lead to the highest GWP.~~

Removed:The composition of the mixtures is allowed to range within the tolerance listed in standard ISO 817. The tolerance ranges from 0.1% up to 2%, across the different mixtures and components. When the tolerance of a high GWP substance is high in a mixture the influence on the final GWP can be large. Therefore the GWP must be assessed across all possible compositions in the specified tolerance range and the highest possible GWP value should be used.

Removed:~~Annex VII – title: MAXIMUM QUANTITIES, CALCULATION OF REFERENCE VALUES AND QUOTAS FOR PLACING HYDROFLUOROCARBONS ON THE MARKET, AND QUOTA PRICES REFERRED TO IN ARTICLE 17~~

Removed:~~According to the Commission Impact Assessment option 3, these steps are feasible with techniques currently available~~

Removed:~~The price of quotas is increasing in line with the decrease of quotas available in order to create a stable revenue stream.~~