Activities of Danilo Oscar LANCINI related to 2022/0099(COD)
Plenary speeches (2)
Fluorinated Gases Regulation - Ozone-depleting substances (debate)
Ozone depleting substances - Fluorinated gases regulation (joint debate - Gas emissions)
Shadow reports (1)
REPORT 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
Amendments (38)
Amendment 125 #
Proposal for a regulation
Recital 6
Recital 6
(6) It is important that this Regulation ensures that the Union complies with its international obligations under the Kigali Amendment to the Protocol in the long- term, in particular, with regards to the reduction of consumption and production of HFCs, reporting and licensing requirements, in particular by introducing a phase-down for production and adding reduction steps for the placing of HFCs on the market for the time after 2030. However, the HFC phase-down must not compromise the Union’s energy- efficiency ambitions.
Amendment 131 #
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10 a) MDIs are medicinal products subject to rigorous assessments including highly regulated clinical studies to ensure patient safety. MDIs are life-saving critical medicines subject to massive stockpiling and use in the event of cross- border health threats affecting the respiratory tract. As key treatments for chronic respiratory disease, the transition of the MDIs to low-GWP technologies requires information exchange, cooperation and monitoring between the European Commission, Member States and competent authorities, the European Medicines Agency and the Health Emergency Preparedness and Response Authority, to avoid shortages and ensure sustained patient access to life-saving medication.
Amendment 135 #
Proposal for a regulation
Recital 10 b (new)
Recital 10 b (new)
(10 b) The removal of the medical exemption for Metered-Dose-Inhalers (MDIs) from the quota system increases the obligation to transition to low-GWP solutions for medicinal products. The transition will entail deep changes in the management of asthma and chronic obstructive. To ensure a smooth MDI transition the regulation implementation requires a health-in-all-policies approach. National healthcare systems should establish programmes to inform healthcare providers on the medicines available and educate patients on the treatments and inhalation techniques to treat their asthma and chronic obstructive pulmonary disease.
Amendment 138 #
Proposal for a regulation
Recital 11
Recital 11
(11) To encourage the use of technologies with no impact or lower impact on the climate that may involve the use substances that are toxic, flammable or highly pressurized, the training of natural persons who carry out activities involving fluorinated greenhouse gases should cover technologies replacing or reducing the use of fluorinated greenhouse gases, including 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. Healthcare professionals and patients relying on MDIs medicines shall be informed and educated on the use of existing and upcoming MDIs.
Amendment 186 #
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 environmentalpublic health organisations, representatives of manufacturers, operators and certified persons.
Amendment 190 #
Proposal for a regulation
Recital 41
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 the establishment of 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; labelling requirements; the exclusion from quota requirements of HFCs in accordance with decisions of the Parties to the Protocol; concerning the amounts due for the allocation of quota and the mechanism to allocate remaining quotas; additional measures for the monitoring of substances and of products and equipment placed under temporary storage and customs procedures; the rules applicable to the release for free circulation of products and equipment imported from and exported to any entity not covered by the Protocol; the update of global warming potentials of listed substances. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, in particular consultation with the Consultation Forum as set up according to Article 33 of this Regulation, including at expert level and that those consultations be conducted in accordance with the principles laid down in the Inter-institutional Agreement of 13 April 2016 on Better Law-Making38 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. _________________ 38 OJ L 123, 12.5.2016, p. 1.
Amendment 209 #
Proposal for a regulation
Article 3 – paragraph 1 – point 9
Article 3 – paragraph 1 – point 9
(9) ‘hermetically sealed equipment’ means equipment in which all fluorinated greenhouse gas containing parts are made tight during its manufacturing process at the premises of the manufacturer by welding, brazing or a similar permanent connection, which may include capped valves or capped service ports that allow proper repair or disposal, and which 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;
Amendment 223 #
Proposal for a regulation
Article 3 – paragraph 1 – point 36 a (new)
Article 3 – paragraph 1 – point 36 a (new)
(36 a) 'Self-contained' equipment means complete factory-made refrigerating system in a suitable frame and/or enclosure, that is fabricated and transported in one or more sections and in which no refrigerant containing parts are connected on site other than by companion or block valves;
Amendment 228 #
Proposal for a regulation
Article 3 – paragraph 1 – point 36 b (new)
Article 3 – paragraph 1 – point 36 b (new)
(36 b) 'Refrigeration system' means combination of refrigeration equipment interconnected in field constituting one closed refrigeration circuit;
Amendment 231 #
Proposal for a regulation
Article 3 – paragraph 1 – point 36 c (new)
Article 3 – paragraph 1 – point 36 c (new)
(36 c) 'Power Rack' means equipment consisting of a combination of two or more compressors intended to be connected to a condenser in a refrigeration system;
Amendment 253 #
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1
Article 5 – paragraph 1 – subparagraph 1
Operators of equipment that contains 5 tonnes of CO2 equivalent or more of fluorinated greenhouse gases listed in Annex I or 16 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.
Amendment 257 #
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 2
Article 5 – paragraph 1 – subparagraph 2
Hermetically sealed 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.
Amendment 260 #
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 2
Article 5 – paragraph 1 – subparagraph 2
Hermetically sealed equipment that contains less than 10 tonnes of CO2 equivalent of fluorinated greenhouse gases listed in Annex I or 12 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.
Amendment 320 #
Proposal for a regulation
Article 10 – paragraph 3 – point e
Article 10 – paragraph 3 – point e
(e) energy efficiency aspects and heat recovery aspects.
Amendment 348 #
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 2
Article 11 – paragraph 1 – subparagraph 2
Products and equipment unlawfully placed on the market after the date referred to in the first subparagraph, shall not be subsequently used or supplied, or made available to other persons within the Union for payment or free of charge or exported. Such products and equipment may only be stored or transported for subsequent return to the origin country or for disposal and for the recovery of the gas prior to the disposal pursuant to Article 8.
Amendment 364 #
Proposal for a regulation
Article 11 – paragraph 4 – subparagraph 1 – introductory part
Article 11 – paragraph 4 – subparagraph 1 – introductory part
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, including parts thereof, containing fluorinated greenhouse gases or whose functioning relies upon those gases, where it is demonstrated that:
Amendment 395 #
Proposal for a regulation
Article 13 – paragraph 3 – subparagraph 1
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 21 500 or more, for the servicing or maintenance of stationary refrigeration equipment is prohibited.
Amendment 411 #
Proposal for a regulation
Article 13 – paragraph 3 – subparagraph 3 – subparagraph 1
Article 13 – paragraph 3 – subparagraph 3 – subparagraph 1
The prohibition referred to in the first subparagraph shall not apply to to the following categories of fluorinated greenhouse gases until 1 January 2034: (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 refrigeration equipment, provided that they have been labelled in accordance with Article 12(6); (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 refrigeration equipment 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. The prohibition referred to in the first subparagraph shall not apply to refrigeration equipment for which an exemption has been authorised in accordance with Article 11(4).
Amendment 436 #
Proposal for a regulation
Article 16 – paragraph 2 – point e a (new)
Article 16 – paragraph 2 – point e a (new)
(e a) used in pre-charged equipment which are exported outside the Union.
Amendment 450 #
Proposal for a regulation
Article 16 – paragraph 4 – subparagraph 1 – point b a (new)
Article 16 – paragraph 4 – subparagraph 1 – point b a (new)
(b a) a sufficient supply of hydrofluorocarbons cannot be ensured without undermining availability of medicines for patients.
Amendment 455 #
Proposal for a regulation
Article 16 – paragraph 4 – subparagraph 2 a (new)
Article 16 – paragraph 4 – subparagraph 2 a (new)
Once the exemption is authorized, that has to be applied within the whole Union and not just to the single Member State.
Amendment 469 #
Proposal for a regulation
Article 17 – paragraph 6
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 any disruption to the supply of pharmaceutical products, or where the mechanism is not fulfilling its purpose and is having undesirable or unintended effects, including on public health.
Amendment 476 #
Proposal for a regulation
Article 17 – paragraph 7
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. ThatRevenues shall be assigned primarily to enforcement (activities, equipment, training programmes, and resources) in Member States. The remaining 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 and for ensuring compliance with the Protocol. Any revenue remaining after covering these costs shall be entered into the general budget of the Union.
Amendment 480 #
Proposal for a regulation
Article 18 – paragraph 1
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 . _________________ 43 Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ L 396, 30.12.2006, p. 1).
Amendment 532 #
Proposal for a regulation
Article 31 – paragraph 5 – subparagraph 1
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 3 times the downstream market value of the concerned gases or products and equipment concerned and maximum administrative fines of at least five times the downstream 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 5 times the downstream market value of the concerned gases or products and equipment concerned and maximum administrative fines of at least eight times the downstream value-chain market value of the gases or products and equipment concerned.
Amendment 544 #
Proposal for a regulation
Article 33 – paragraph 1 – point 1 (new)
Article 33 – paragraph 1 – point 1 (new)
(1) The Consultation Forum shall form dedicated ad-hoc working groups addressing the unintended effects on sectors relying on products and equipment that contain fluorinated greenhouse gases or whose functioning relies upon those gases listed in Annexes I and II.
Amendment 545 #
Proposal for a regulation
Article 33 – paragraph 1 – point 2 (new)
Article 33 – paragraph 1 – point 2 (new)
Amendment 552 #
Proposal for a regulation
Article 35 a (new)
Article 35 a (new)
Article 35 a The Commission shall continuously monitor technological and market developments in relation to the use of fluorinated greenhouse gases, their availability and their natural alternatives in the Union. Where the Commission finds evidence of supply shortage impacting public health and MDIs’ availability on the Union market, it shall, where appropriate, adopt delegated acts in accordance with the procedure provided for in Article 32 (1a) in order to authorise an exemption referred to in Article 16. By 31 December 2025 the Commission shall publish a report on the transition to low GWP propellants for MDIs.
Amendment 557 #
Proposal for a regulation
Annex IV – point 2
Annex IV – point 2
Amendment 562 #
Proposal for a regulation
Annex IV – point 2 a (new)
Annex IV – point 2 a (new)
2 a. The prohibitions on placing on the market set out in point 23 do not apply to the spare parts necessary for the maintenance and repair of equipment already installed and to the extensions of the already installed GIS.
Amendment 604 #
Proposal for a regulation
Annex IV – point 11
Annex IV – point 11
Amendment 606 #
Proposal for a regulation
Annex IV – point 12
Annex IV – point 12
(12) Any stationary self-contained refrigeration equipment that contains fluorinated 1 January fluorinated greenhouse gases with GWP of 1505 or more. 2025 2024
Amendment 614 #
(14) Stationary refrigeration equipment, that contains, or whose functioning 1 January relies upon, fluorinated greenhouse gases with GWP of 2 50150 or more 1 January except equipment intended for application designed to cool products 2024 to temperatures below – 50 °C. . 2024
Amendment 619 #
Proposal for a regulation
Annex IV – point 15
Annex IV – point 15
(15) Multipack centralized refrigeration systems for commercial use with a rated capacity of 40 kW or more that contain, or whose functioning relies upon, 1 January fluorinated greenhouse gases listed in Annex I with GWP of 1505 or more, 1 January except in the primary refrigerant circuit of cascade systems where 2022 fluorinated greenhouse gases with a GWP of less than 1 500 may be used. . 2024
Amendment 624 #
(17) Plug-in room and other self-contained air-conditioning and heat pump equipment that containequipment: (a) Of a rated capacity of up to and including 7 kW containing, or whose functioning relies upon, fluorinated greenhouse gases with GWP of 150 or 1 January 150more, except when required to meet safety standards; 2025 (b) Of a rated capacity orf more. than 7 kW containing, or whose functioning relies upon, fluorinated greenhouse gases with GWP of 750 or more, except 1 January when required to meet safety standards. 2025 7
Amendment 635 #
(18) Stationary split air-conditioning and, split heat pump and plug-in room self contained equipment : (a) Single split systems containing less than 3 kg of fluorinated 1 January greenhouse gases listed in Annex I, that contain, or whose 1 January 2025 functioning relies upon, fluorinated greenhouse gases listed in 2025 Annex I with GWP of 750 or more; (b) Split systems of a ratedand plug-in room self-contained of a rated capacity of up to and including 127 kW containing, or whose functioning relies upon, fluorinated greenhouse gases with GWP of 150 or more, except when required to meet safety standards; 1 January (c) Split systems of a rated capacity of more than 127 kW containing, 2027 or whose functioning relies upon, fluorinated greenhouse gases with GWP of 750 or more, except when required to meet safety standards.
Amendment 649 #
Proposal for a regulation
Annex IV – point 23
Annex IV – point 23
(a) medium voltage switchgear for primary and (23) Installation and secondary distribution up to 24 kV, with replacement of the (23) Installation and insulating or breaking medium using, or 1 January following electrical replacement of whose functioning relies upon, gases with 2026 switchgear: GWP of 10 or more, or with GWP of 2000 the following 1 January GWP of 10 or more, or with GWP of 2000 electrical 2026 or more, unless evidence is provided that no switchgear: suitable alternative is available based on technical grounds within the lower GWP ranges referred to above; (b) medium voltage switchgear for primary and secondary distribution from more than 24 kV and up to 52 kV, with insulating or breaking medium using, or whose functioning relies upon gases with GWP of 1 January 10 or more, or with GWP of more than 2030 2000, unless evidence is provided that no suitable alternative is available based on technical grounds within the lower GWP ranges referred to above; (c) high voltage switchgear from 52 and up to 145 kV and up to 50 kA short circuit current with insulating or breaking medium using, or whose functioning relies upon gases with 1 January GWP of 10 or more, or with GWP of more 1 January mixtures with GWP of more than 2000, 2028 than 2000, unless evidence is provided that no suitable no suitable alternative is available based on technical grounds within the lower GWP technical ranges referred to above; grounds; (d) high voltage switchgear of more than 145 kV or more than 50 kA short circuit current with insulating or breaking medium using, or whose functioning relies upon gases with 1 January GWP of 10 or more, or with GWP of more 1 January mixtures with GWP of more than 2000 2031 than 2000 unless evidence is provided that no suitable no suitable alternative is available based on technical grounds within the lower GWPtechnical ranges referred to above. grounds.
Amendment 671 #
Proposal for a regulation
Annex VII – point 1
Annex VII – point 1
Maximum Quantity Years in tonnes CO2 equivalent 2024 – 2026 41 701 077 49 035 263 2027 – 2029 17 688 360 36 666 229 2030 – 2032 9 132 097 31 365 215 2033 – 2035 8 445 713 28 717 529 2036 – 2038 6 782 265 20 538 147 2039 – 2041 6 136 732 20 538 147 2042 – 2044 5 491 199 20 538 147 2045 – 2047 4 845 666 20 538 147 2048 onwards 4 200 133 538 147