What changed between the draft committee report and the plenary report

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.