What changed between the draft committee report and the plenary report

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…

Article 2 – paragraph 1: 1. This Regulation applies to the fluorinated greenhouse gases listed in Annexes I, II and III, whether alone or in a mixture.

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 on5: the(5) market’‘operator‘ means the supplying orundertaking makingexercising available,actual includingpower viaover the internet, to another persontechnical withinfunctioning theof Union,products forand theequipment firstcovered time,by forthis paymentRegulation or free of charge, the customs release for free circulationentity inwhere thedesignated Union,by anda theMember useState ofas substancesbeing producedresponsible orfor the use of products or equipmentoperator’s manufacturedobligations forin ownspecific 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;

Article 4 – paragraph 5 – subparagraph 2: For the purpose of providing that evidence, importers and producers shall draw up a declaration of conformity and join supporting documentation with: / (a) information on the production facility; / (b) the proof of availability and operation of the best available abatement technology at the production facility; / (c) the proof of mitigation measures adopted to prevent emissions of trifluoromethane, in line with best available techniques; / (d) the proof of destruction or recovery of any quantity of emitted trifluoromethane, in line with best available techniques and in accordance with the requirements laid down in Article 8(7). / Producers and importers shall keep the declaration of conformity and supporting documentation for a period of at least five years after the placing on the market and make them available, upon request, to national competent authorities and to the Commission.

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)

Article 4 – paragraph 5 – subparagraph 3: The Commission shall, by means of implementing acts, determine the detailed arrangements relating to and the detailed elements of the declaration of conformity and supporting documentation referred to in the second subparagraph. Those implementing acts shall be adopted in accordance with Article 34(2).

Change 9

Changed:Article 4 – paragraph 6 –a subparagraph(new): 26a. aWithout (new):prejudice Operatorsto 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 thethat facility, and proof of the measures adopted to recover emissions of sulfuryl fluoride. / WhereThe recoveryeffectiveness of sulfurylthe fluoridesystem shall be independently scientifically verified. / Where recovery is not technically feasibleor andeconomically entailsfeasible, disproportionateoperators 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 thatthe specificabsence 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.

Article 5 – paragraph 1 – subparagraph 1: Manufacturers and operators of equipment that contains 5 tonnes of CO2 equivalent or more of fluorinated greenhouse gases listed in Annex I or 1 kilogram or more of fluorinated greenhouse gases listed in Annex II, Section I, not contained in foams, shall ensure that the equipment is checked for leaks, including during their manufacturing.

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.

Article 5 – paragraph 1 – subparagraph 3 – point c: deleted

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).

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.

Article 7 – paragraph 1 – point c: (c) whether the recovered gases have been recycled or reclaimed, and in which quantity, including the name and address in the Union of the recycling or reclamation facility and, where applicable, the certificate number;

Article 8 – paragraph 1 – subparagraph 1: Operators of stationary equipment or of refrigeration units of refrigerated vans, trucks, trailers and ships that contain fluorinated greenhouse gases listed in Annex I and Annex II, Section 1, not contained in foams, shall ensure that the recovery of those gases is carried out by natural persons that hold the relevant certificates provided for in Article 10, so and that those gases are recycled, reclaimed or destroyed.

Change 13

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

Article 8 – paragraph 1 – subparagraph 2 – point b: (b) the cooling circuits of refrigeration units of refrigerated vans, trucks, trailers and ships;

Change 14

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

Article 8 – paragraph 8: 8. The Commission is empowered to adopt delegated acts in accordance with Article 32 to supplement this Regulation by establishing a list of products and equipment for which the recovery of fluorinated greenhouse gases listed in Annex I and Annex II, or destruction of products and equipment containing such gases without prior recovery of these gases shall be considered technically and economically feasible, specifying, if appropriate, the technologies to be applied.

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.

Article 8 – paragraph 9: 9. Member States shall promote the recovery, recycling, reclamation and destruction of fluorinated greenhouse gases listed in Annex I and Annex II.

Change 16

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.

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): prejudiceThe toCommission existingshall, Unionby legislation,31 MemberDecember States2025, shalladopt requiredelegated thatacts in accordance with Article 32 to supplement this Regulation by 31setting Decemberout 2027minimum extendedrequirements for the producer responsibility schemes arereferred establishedto forin theparagraph recovery,1, recycling,including reclamationon orcollection, destructionreclamation, ofrecycling, fluorinateddisposal greenhousefacilities, gasesequipment listedprovision into Annexescertified 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;

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 – 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.

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).

Article 9 – paragraph 2: deleted

Change 19

Changed:Article 10 – paragraph 2:1 2.– introductory part: 1. Member States shallshall, ensureon thatthe trainingbasis programmesof forthe naturalminimum personsrequirements recoveringreferred fluorinatedto greenhousein gasesparagraph listed5, inestablish Annexor Iadapt andcertification Annexprogrammes, II,including Sectionevaluation Iprocesses, and relevantensure alternativesthat fromtraining air-conditioningon equipmentpractical inskills motorand vehiclestheoretical fallingknowledge withinis theavailable scopefor ofnatural Directivepersons 2006/40/ECcarrying ofout the Europeanfollowing Parliamenttasks involving fluorinated greenhouse gases listed in Annex I and ofAnnex theII Council42and areother available,relevant pursuantalternatives to paragraphfluorinated 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,

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.