31 Amendments of Andreas GLÜCK related to 2022/0099(COD)
Amendment 30 #
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 to achieve the climate target in transport and energy sectors there might be a rising need of HFC. It is therefore crucial that this regulation reflect the RePowerEU target of 60 million new heat pumps by 2030, as well as invest in electrification, power grid expansions and increased use of batteries in the energy and transport sector.
Amendment 31 #
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6a) It is of great importance that the Commission in upcoming regulations take the strict phasing out of HFC into account. Parallel legislative procedures like phasing out PFAS and REACH programme risk to leave the industry with few possibilities to develop new innovative solutions that can help fight the climate crises.
Amendment 32 #
Proposal for a regulation
Recital 6 b (new)
Recital 6 b (new)
(6b) As the impact assessment of this regulation does not include F-gases needed for cooling equipment in battery systems used in for example battery electric vehicles, trucks, industrial applications and batteries used in energy system storage, the consequences on the market uptake of batteries and energy storages solutions are not quantified or estimated properly. As the amount of electric vehicles and energy storage solutions are needed to increase drastically in the coming years to reach the 2030 climate target, an updated impact assessment before this legislative act enters into force is crucial to understand the consequences of the targets set in this regulation.
Amendment 124 #
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1
Article 11 – paragraph 1 – subparagraph 1
The placing on the market of products and equipment, including parts thereof, listed in Annex IV, with an exemption for military equipment, shall be prohibited from the date specified in that Annex, differentiating, where applicable, according to the type or global warming potential of the gas contained.
Amendment 124 #
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 to achieve the climate target in energy sector, there might be a rising need of HFCs, in particular in light of the new target established by RePower to deploy 60 million new heat pumps by 2030. It is therefore of outermost importance that this Regulation takes into account the new target as well as the need to further invest in electrification and to expand power grid.
Amendment 126 #
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1 – point a (new)
Article 11 – paragraph 1 – subparagraph 1 – point a (new)
(a) As increased demand and market uptake of battery systems is likely to increase demand for F-gases, as this is frequently used for cooling circuits of battery systems, the Commission shall present an updated impact assessment on how the phasing out of f-gases according to this regulation will affect the transition towards electric vehicles and energy storage solutions, before this legislative text enters into force. Should the assessment conclude that the maximum quantity targets set in Annex VII in this regulation substantially threatens the electrification and transition towards electric vehicles and energy storage, the Commission shall by means of an implementing act present proper maximum quantity targets accordingly.
Amendment 126 #
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6 a) Future legislative proposals including the revision of REACH and the potential phase-out of PFAS shall take into account the strict phasing out of HFCs under this Regulation and avoid putting at risk the development of alternative and innovative solutions that could help to fight the climate crisis.
Amendment 133 #
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 foureight 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 138 #
Proposal for a regulation
Article 11 – paragraph 5 – subparagraph 1
Article 11 – paragraph 5 – subparagraph 1
Only undertakings that hold a certificate required under Article 10(1), point (a) or the training attestation required under Article 10(2), or undertakings that employ persons holding such a certificate or a training attestation shall be allowed to purchase fluorinated greenhouse gases listed in Annex I or Annex II, Section 1, and spare parts for the purpose of carrying out the installation, servicing, maintenance or repair of the equipment containing those gases, or whose functioning relies upon those gases, referred to in Article 5(2), points (a) to (g), and Article 10(2). Therefore the prohibition set out in paragraph 1, first subparagraph shall not cover spare parts that are needed for repair and maintenance of existing installations.
Amendment 157 #
Proposal for a regulation
Article 13 – paragraph 4
Article 13 – paragraph 4
4. The use of desflurane as inhalation anaesthetic is prohibited as from 1 January 20269, except when such use is strictly required and no other anaesthetic can be used on medical grounds. The user shall provide evidence, upon request, on the medical justification to the competent authority of the Member State and the Commission.
Amendment 165 #
Proposal for a regulation
Article 16 – paragraph 2 – point e a (new)
Article 16 – paragraph 2 – point e a (new)
(ea) supplied directly by a producer or an importer for medical use if the usage is of medical necessity and there is no other suitable alternative, and for manufacturers of medical equipment constructed for export out of the EU, this exception shall be valid until 31 December 2028.
Amendment 165 #
Proposal for a regulation
Recital 18 a (new)
Recital 18 a (new)
(18 a) Metered Dose Inhalers (MDIs) are life-saving medicines for patients suffering from asthma and chronic obstructive pulmonary disease. To avoid any shortages and ensure a smooth transition to safe, accessible and affordable alternatives, the European Commission, the European Medicine Agency and the Health Emergency Preparedness and Response Authority together with patient associations and healthcare professionals' organisations shall work closely together.
Amendment 169 #
Proposal for a regulation
Article 16 – paragraph 2 – point e b (new)
Article 16 – paragraph 2 – point e b (new)
(eb) supplied directly by a producer or an importer for usage of repair of installations already existing on the market when this regulation is implemented.
Amendment 170 #
Proposal for a regulation
Article 16 – paragraph 4 – subparagraph 1 – introductory part
Article 16 – 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 foureight 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:
Amendment 181 #
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 jeopardize the green transition on the energy market, transport sector, or where the mechanism is not fulfilling its purpose and is having undesirable or unintended effects.
Amendment 183 #
Proposal for a regulation
Recital 39
Recital 39
(39) In implementing this Regulation, tThe Commission should establish a so- called Consultation Forum to ensure a balanced participation of Member States’ representatives and representatives of civil society, including environmentalfacilitate the implementation of this Regulation. The Consultation Forum shall 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.
Amendment 192 #
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, including at expert level and that twith the Consultation Forum. Those consultations should 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 197 #
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 268 #
Proposal for a regulation
Annex IV – table – point 23 – point a
Annex IV – table – point 23 – point a
(a) medium voltage switchgear for primary and secondary distribution up to 24 kV, with insulating or breaking medium using, or whose functioning relies 1 January upon, gases with GWP of 10 or more, or with GWP of 2000 or more, unless 1000 or more, unless evidence is provided that no 2026 evidence is provided that no suitable alternative is available based on technical grounds within the lower GWP ranges referred to above;
Amendment 272 #
Proposal for a regulation
Annex IV – table – point 23 – point b
Annex IV – table – point 23 – point b
(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 10 or more, or with GWP of 1 January more than 2 000, unless evidence is 1 January whose functioning relies upon gases with GWP of 1000, unless evidence is 2030 provided that no suitable alternative is 2030 available based on technical grounds within the lower GWP ranges referred to above;
Amendment 273 #
Proposal for a regulation
Annex IV – table – point 23 – point c
Annex IV – table – point 23 – point c
(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 1 January relies upon gases with GWP of 10 or more, or with GWP of more than 2000,00, unless evidence is provided that no 2028 unless evidence is provided that no suitable alternative is available based on technical grounds within the lower GWP ranges referred to above;
Amendment 278 #
(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 1 January relies upon gases with GWP of 10 or more, or with GWP of more than 2 00000 unless evidence is provided that no 2031 unless evidence is provided that no suitable alternative is available based on technical grounds within the lower GWP ranges referred to above.
Amendment 343 #
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1
Article 11 – paragraph 1 – subparagraph 1
The placing on the market of products and equipment, including parts thereof, listed in Annex IV, with an exemption for military equipment, shall be prohibited from the date specified in that Annex, differentiating, where applicable, according to the type or global warming potential of the gas contained.
Amendment 357 #
Proposal for a regulation
Article 11 – paragraph 2 a (new)
Article 11 – paragraph 2 a (new)
2 a. The prohibition set out in paragraph 1, first subparagraph shall not apply to spare parts needed for the repairing and maintenance of existing installations.
Amendment 363 #
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 eight 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 373 #
Proposal for a regulation
Article 11 – paragraph 5 – subparagraph 1
Article 11 – paragraph 5 – subparagraph 1
Only undertakings that hold a certificate required under Article 10(1), point (a) or the training attestation required under Article 10(2), or undertakings that employ persons holding such a certificate or a training attestation shall be allowed to purchase fluorinated greenhouse gases listed in Annex I or Annex II, Section 1, and spare parts for the purpose of carrying out the installation, servicing, maintenance or repair of the equipment containing those gases, or whose functioning relies upon those gases, referred to in Article 5(2), points (a) to (g), and Article 10(2). The prohibition set out in paragraph 1, first subparagraph shall not cover spare parts that are needed for repair and maintenance of existing installations.
Amendment 415 #
Proposal for a regulation
Article 13 – paragraph 4
Article 13 – paragraph 4
4. The use of desflurane as inhalation anaesthetic is prohibited as from 1 January 20269, except when such use is strictly required and no other anaesthetic can be used on medical grounds. The user shall provide evidence, upon request, on the medical justification to the competent authority of the Member State and the Commission.
Amendment 432 #
Proposal for a regulation
Article 16 – paragraph 2 – point e a (new)
Article 16 – paragraph 2 – point e a (new)
(e a) supplied directly by a producer or an importer for medical use if the usage is of medical necessity and if no other suitable alternative is available.
Amendment 439 #
Proposal for a regulation
Article 16 – paragraph 2 – point e b (new)
Article 16 – paragraph 2 – point e b (new)
(e b) supplied directly by a producer or an importer to repair existing installations.
Amendment 444 #
Proposal for a regulation
Article 16 – paragraph 4 – subparagraph 1 – introductory part
Article 16 – 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 foureight 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:
Amendment 543 #
Proposal for a regulation
Article 33 – paragraph 1
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 ensure a balanced participation of representatives of Member States and of all relevant stakeholders including environmental organisations, patient associations and healthcare professionals organisations, representative of manufacturers, operators and certified persons. The rules of procedure of the Consultation Forum shall be established by the Commission and shall be published.