39 Amendments of Stanislav POLČÁK related to 2022/0099(COD)
Amendment 116 #
Proposal for a regulation
Recital 2
Recital 2
(2) Fluorinated greenhouse gases are human-made chemicals that are very strong greenhouse gases (‘GHG’), often several thousand times stronger than carbon dioxide (‘CO<sub>2’</sub>)2'), and which are. moreover, relatively chemically stable, persisting in the atmosphere for several decades. Together with CO<sub>2</sub>2, methane and nitrous oxide, they belong to the group of GHG emissions covered by the Paris Agreement adopted under the United Nations Framework Convention on Climate Change (‘the Paris Agreement’).25. Fluorinated greenhouse gas emissions amount today to 2.5 % of total GHG emissions, in the Union, but have doubled from 1990 to 2014 in contrast to other GHG emissions, which have fallen. _________________ 25 OJ L 282, 19.10.2016, p. 4.
Amendment 163 #
Proposal for a regulation
Recital 17
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. To maintain 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. 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.
Amendment 164 #
Proposal for a regulation
Recital 18
Recital 18
(18) Initially, the calculation of reference values and the allocation of quotas to individual producers and importers was based on the quantities of HFCs that they reported as having been placed on the market during the reference period 2009 to 2012. However, in order not to exclude undertakings from entering the market, or expanding their activities, a smaller part of the overall maximum quantity should be reserved for importers and producers who have previously not placed HFCs on the market and for importers and producers having a reference value that wish to increase their quota allocatDoes not affect the English version.)
Amendment 172 #
Proposal for a regulation
Recital 25
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.
Amendment 176 #
Proposal for a regulation
Recital 32
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 parallel prohibition envisaged under the Protocol as from 2033 has thus been advanced,Protocol envisages this prohibition from 2033, and the purpose of its earlier application is to ensure that the global HFC reduction measures of the Kigali Amendment provide the envisaged benefit to the climate as soon as possible.
Amendment 177 #
Proposal for a regulation
Recital 34
Recital 34
(34) It is also necessary to provide for administrative penalties of such a level and type that trueffectively deter violations of this Regulations.
Amendment 181 #
Proposal for a regulation
Recital 37
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. _________________ 36 Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law (OJ L 305, 26.11.2019, p. 17).
Amendment 187 #
Proposal for a regulation
Recital 39
Recital 39
(39) In implementing this Regulation, the Commission should establish a so- called Consultation Forum to ensure a balanced participation of Member States’ representatives and representatives of civil society, including environmental organisations, representatives of manufacturers, operators and certified persrepresentatives of Member States, manufacturers, operators, certified persons and civil society, including environmental organisations.
Amendment 196 #
Proposal for a regulation
Article 2 – paragraph 1
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.
Amendment 217 #
Proposal for a regulation
Article 3 – paragraph 1 – point 14
Article 3 – paragraph 1 – point 14
Amendment 218 #
Proposal for a regulation
Article 3 – paragraph 1 – point 18
Article 3 – paragraph 1 – point 18
(18) ‘maintenance or servicing’ means all activities, excluding recovery in accordance with Article 8 and leak checks in accordance with Article 4 and Article 10(1), point (b), of this Regulation, that entails opening the circuits containing or designed to contain fluorinated greenhouse gases, supplying the system with fluorinated greenhouse gases, removing one or more pieces of circuit or equipment, reassembling two or more pieces of circuit or equipment, as well as repairing leaks;Does not affect the English version.)
Amendment 219 #
Proposal for a regulation
Article 3 – paragraph 1 – point 23
Article 3 – paragraph 1 – point 23
Amendment 221 #
Proposal for a regulation
Article 3 – paragraph 1 – point 31
Article 3 – paragraph 1 – point 31
Amendment 241 #
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
Amendment 254 #
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1
Article 5 – paragraph 1 – subparagraph 1
Amendment 262 #
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 2
Article 5 – paragraph 1 – subparagraph 2
Amendment 268 #
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1 – introductory part
Article 5 – paragraph 2 – subparagraph 1 – introductory part
Amendment 271 #
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1 – point e
Article 5 – paragraph 2 – subparagraph 1 – point e
(e) refrigeration units of refrigerated truckvehicles and trailers;
Amendment 278 #
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Operators of the equipment listed in Article 5(2), point (g), that is subject to paragraph 2 shall ensure that leakage detection systems are checked at least once every sixtwo years to ensure their proper functioning.
Amendment 279 #
(b) the quantities of gases added during installation, maintenance or servicing or due to leakage, including the exact timing of such addition;
Amendment 284 #
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 1
Article 8 – paragraph 1 – subparagraph 1
Operators of stationary equipment or of refrigeration units of refrigerated truckvehicles and trailers that contain fluorinated greenhouse gases listed in Annex I and Annex II, Section 1, not contained in foams, shall ensure that the recovery of those gases is carried out by natural persons that hold the relevant certificates provided for in Article 10, so and that those gases are recycled, reclaimed or destroyed.
Amendment 287 #
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2 – point b
Article 8 – paragraph 1 – subparagraph 2 – point b
(b) the cooling circuits of refrigeration units of refrigerated truckvehicles and trailers;
Amendment 298 #
Proposal for a regulation
Article 8 – paragraph 9
Article 8 – paragraph 9
9. Member States shall adopt appropriate measures to promote the recovery, recycling, reclamation and destruction of fluorinated greenhouse gases listed in Annex I and Annex II, Section 1.
Amendment 305 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
Without prejudice to existing Union legislation, Member States shall encourage theadopt appropriate measures to development of producer responsi-bility schemes for the recovery of fluorinated greenhouse gases listed in Annexes I and II and their recycling, reclamation or destruction.
Amendment 318 #
Proposal for a regulation
Article 10 – paragraph 3 – introductory part
Article 10 – paragraph 3 – introductory part
3. The certification programmes and training provided for in paragraphs 1 and 2 shall cover, as a minimum, the following,:
Amendment 322 #
Proposal for a regulation
Article 10 – paragraph 6
Article 10 – paragraph 6
6. Member States shall establish or adapt certification programmes on the basis of the minimum requirements referred to in paragraph 5 for undertakings carrying out, for other parties, the installation, servicing, maintenance, repair or decommissioning of the equipment listed in Article 5(2), points (a) to (f), containing fluorinated greenhouse gases listed in Annex I and Annex II, Section I, and other relevant alternatives to fluorinated greenhouse gases for other parties.
Amendment 329 #
Proposal for a regulation
Article 10 – paragraph 8 – subparagraph 2
Article 10 – paragraph 8 – subparagraph 2
Member States shall recognise certificates and training attestations issued in another Member State in accordance with this Article. They shall not restrict the freedom to provide services or the freedom of establishment because a certificate was issued in another Member State, except where the certificate in question is issued in another Member State under conditions which are manifestly contrary to the provisions of this Regulation.
Amendment 333 #
Proposal for a regulation
Article 10 – paragraph 10
Article 10 – paragraph 10
10. Any undertaking whichmay assigns a task referred to in paragraph 1 to another undertaking shall take reasonable steps to ascertain that the latteronly after verification that the other undertaking holds the necessary certificates for the required tasks referred to in paragraph 1.
Amendment 334 #
Proposal for a regulation
Article 10 – paragraph 12
Article 10 – paragraph 12
12. This Article shall not prevent Member States from setting up further certification and training programmes in respect of equipmenttasks other than thatose referred to in paragraph 1.
Amendment 359 #
Proposal for a regulation
Article 11 – paragraph 3 – subparagraph 2 – point a
Article 11 – paragraph 3 – subparagraph 2 – point a
(a) containers which cannot be refilled without being adapted for that purpose (non-refillable containers); and
Amendment 465 #
Proposal for a regulation
Article 17 – paragraph 5 – subparagraph 1
Article 17 – paragraph 5 – subparagraph 1
The allocation of quotas is subject to the payment of thean amount due which equals to three euro for each tonne of CO2 equivalent of quota to be allocated. Importers and producers shall be notified via the F-gas Portal of the total amount due for its calculated maximum quota allocation for the following calendar year and of the deadline for completing the payment. The Commission may, by means of implementing acts, determine the modalities and the detailed arrangements for the payment of the amount due. Those implementing acts shall be adopted in accordance with the examination procedure referred to in 34(2).
Amendment 466 #
Proposal for a regulation
Article 17 – paragraph 5 – subparagraph 3
Article 17 – paragraph 5 – subparagraph 3
The Commission shall redistribute the quota for which a payment has not been made by the set deadline, free of charge, to only those importers and producers that have paid the total amount due for their calculated maximum quota allocation referred to in the first subparagraph and that have made a declaration referred to in paragraph 3. This distribution shall be made on the basis of each importer's or producer’s share of the sum of all the maximum calculated quota offered to and paid for in full by those importers and producers.
Amendment 483 #
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. Only importers and producers that have experience in trading activities of hazardous chemicals for three consecutive years prior to the quota allocation period, shall be allowed to submit a declaration referred to in Article 17(3) or receive a quota allocation on that basis pursuant to Article 17(4). The importers and producers shall submit evidence to this effect, on request, to the Commission.
Amendment 509 #
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. Import and export of hydrofluorocarbons and of products and equipment containing, hydrofluorocarbons or whose functioning relies upon those gases from and to any state or regional economic integration organisation that has not agreed to be bound by the provisions of the Protocol applicable to those gases shall be prohibited as from 1 January from 2028.
Amendment 510 #
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
2. The Commission is empowered to adopt delegated acts in accordance with Article 32 to supplement this Regulation by establishing the rules applicable to the release for free circulation in the Union and export of products and equipment imported from and exported to any State or regional economic integration organisation subject to paragraph 1, which were produced using hydrofluorocarbons but do not contain gases which can be positively identified as hydrofluorocarbons, as well as rules on the identification of such products and equipment. When adopting those delegating acts the Commission shall take into account the relevant decisions taken by the Parties to the Protocol and, as regards the rules on the identification of such products and equipment, periodical technical advice given to the Parties to the Protocol.
Amendment 527 #
Proposal for a regulation
Article 29 – paragraph 1
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.
Amendment 538 #
In cases of unlawful production, import, export, placing on the market, or use of fluorinated greenhouse gases or of products and equipment containing those gases or whose functioning relies on those gases, Member States shall envisage maximum administrative fines of at least five times the market value of the concerned gases or products and equipment concerned. In case of a repeated infringement within a five- year period, the Member States shall envisage maximum administrative fines of at least eight times the value of the gases or products and equipment concerned.
Amendment 539 #
Proposal for a regulation
Article 31 – paragraph 6 – subparagraph 1
Article 31 – paragraph 6 – subparagraph 1
In addition to the penalties referred to in paragraph 1, undertakings that have exceeded their quota for placing hydrofluorocarbons on the market, allocated in accordance with Article 17(4) or transferred to them in accordance with Article 21(1), may only be allocated a reduced quota allocation for the subsequent allocation period after the excess has been detected.
Amendment 540 #
Proposal for a regulation
Article 31 – paragraph 6 – subparagraph 2
Article 31 – paragraph 6 – subparagraph 2
The amount of reduction shall be calculated as 200 % of the amount by which the quota was exceeded. If the amount of the reduction is higher than the amount to be allocated in accordance with Article 17(4) as a quota for the allocation period after the excess has been detected, no quota shall be allocated for that allocation period and the quota for the following allocation periods shall be reduced likewise until the full amount has been deducted. The reduction(s) shall be recorded in the F-gas Portal.