70 Amendments of Alexandr VONDRA related to 2022/0099(COD)
Amendment 115 #
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 (‘CO2’). Together with CO2, 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 doubledincreased by 60 percent from 1990 to 20147 in contrast to other GHG emissions, which have fallen. It must be underlined that this increase was driven by a substantial reduction of substances that deplete the ozone layer. _________________ 25 OJ L 282, 19.10.2016, p. 4.
Amendment 118 #
Proposal for a regulation
Recital 4
Recital 4
(4) The Intergovernmental Panel on Climate Change (IPCC) Special report27 concluded that emission decreases forstated that the full application of technologies that are currently commercially available, and at least to a limited extent already tested and implemented, have the potential of reducing emissions of fluorinated greenhouse gases ofby up to 90 % by 2050 globally compared to the year 2015 would be needed0. The report also shows that in order to limit global warming even to 1.5 degrees, the emissions of fluorinated greenhouse gases would have to be reduced by roughly 75- 80% by 2050, compared to 2010 levels. In response to the urgency for climate action, the Union increased its climate ambition through Regulation (EU) 2021/1119 of the European Parliament and of the Council (the European Climate Law).28 That Regulation establishes a binding net GHG reduction target of at least 55 % by 2030 compared to 1990 and climate neutrality by 2050. The Union has also enhanced its initial nationally determined contribution under the Paris Agreement from at least 40 % greenhouse gas emissions reductions by 2030, to at least 55 %. However, the evaluation of Regulation (EU) No 517/2014 shows that the emission savings envisaged by 2030 in the context of the outdated Union climate objectives will not be fully achieved. _________________ 27 IPCC Special Report. Global warming of 1.5 C (August 2021). 28 Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing the framework for achieving climate neutrality and amending Regulations (EC) No 401/2009 and (EU) 2018/1999 (OJ L 243, 9.7.2021, p. 1).
Amendment 120 #
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4 a) It is important to see the reduction of fluorinated greenhouse gases in conjunction with the larger targets that the Union has set for GHG. This regulation should not counteract those overarching goals. In particular, this Regulation should not complicate the implementation of the already ambitious objectives under RePowerEU.
Amendment 123 #
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 as laid out in, among others, the European Green Deal, the Energy Performance of Buildings Directive (Directive 2010/31/EU) and the RePowerEU Plan, including the uptake of low-climate impact waste-heat recovery applications, such as heat pumps, as well as foams used for high performance insulation. The RePowerEU Plan envisions an additional 20 million new heat pumps to be installed in the EU by 2026 and nearly 60 million by 2030.
Amendment 130 #
Proposal for a regulation
Recital 9
Recital 9
(9) Given that the production process for some fluorinated compounds can result in significant emissions of other fluorinated greenhouse gases produced as by-products, such by-product emissions should be destroyed or recovered for subsequent use as a condition for the placing of fluorinated greenhouse gases on the market in accordance with the Montreal Protocol. Producers and importers should be required to document measures adopted to prevent emissions of trifluoromethane during the production process.
Amendment 132 #
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10 a) Despite the high GWP and increasing use of sulfuryl fluoride, the emissions of this fluorinated greenhouse gas have not been regulated or monitored and are also not covered by any reporting requirements under the Paris Agreement. Where alternative treatment methods of wood and wooden products against pest infestation are available, the use of sulfuryl fluoride is prohibited by 2030. From 2025, operators must ensure that, if technically and financially feasible, sulfuryl fluoride is recovered after fumigation. If this is not possible, then alternative treatment options must be used.
Amendment 140 #
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11 a) It should be emphasized that the use of technologies with no impact, or a lower impact, on the climate can have other significant drawbacks. Such technologies may make use of toxic, flammable or high-pressure substances, and therefore have significant disadvantages compared to technologies that use fluorinated greenhouse gases. It is therefore not a given that such technologies, which in theory have the potential to replace technologies based on fluorinated greenhouse gases, can serve as replacements in practice.
Amendment 142 #
Proposal for a regulation
Recital 12
Recital 12
(12) The existing prohibitions on specific uses of sulphur hexafluoride, the most climate damaging substance known, should be retained and be complemented by additional restrictions on the use in the critical sector of power distribution. It should be clarified that switchgear operators must be able to maintain and expand their existing installations in the manner required by the respective technology.
Amendment 148 #
Proposal for a regulation
Recital 13
Recital 13
(13) Where suitable alternatives to the use of specific fluorinated greenhouse gases are available, bans should be introduced on the placing on the market of new equipment for refrigeration, air- conditioning and fire protection that contains fluorinated greenhouse gases or whose functioning relies upon those gases. Where alternatives are not available or cannot be used for technical or safety reasons, or where the use, practical, economical ofr such alternatives would entail disproportionate costafety reasons, it should be possible for the Commission to authorise an exemption to allow the placing on the market of such products and equipment for a limited period.
Amendment 152 #
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
Amendment 173 #
Proposal for a regulation
Recital 26 a (new)
Recital 26 a (new)
(26 a) It makes no sense to accelerate the reduction of emissions of fluorinated greenhouse gases if this leads to an increase in illegal imports of fluorinated greenhouse gases. This regulation should therefore contribute not only to reducing the emissions of fluorinated greenhouse gases, but also to ensure that the illegal import of fluorinated greenhouse gases is prevented.
Amendment 175 #
Proposal for a regulation
Recital 29
Recital 29
(29) Member States should ensure that customs authorities carrying out controls under this Regulation have the appropriate resources and knowledge, for example via training made available to them, and are sufficiently equipped in view of addressing cases of illegal trade of the gases and products and equipment covered by this Regulation. Member States should designate those customs offices that meet those conditions and are therefore mandated to carry out customs controls on imports, exports and in cases of transit.
Amendment 178 #
Proposal for a regulation
Recital 34 a (new)
Recital 34 a (new)
(34 a) Without prejudice to the competences and sovereignty of the Member States, sanctions should be as coherent as possible. The Commission should therefore map out the differences in sanctions between Member States every four years and submit a report to the European Parliament and to the Council.
Amendment 179 #
Proposal for a regulation
Recital 35
Recital 35
(35) Serious iInfringements of this Regulation should, where appropriate, also be prosecuted under criminal law, in accordance with Directive 2008/99/EC of the European Parliament and of the Council.34 _________________ 34 Directive 2008/99/EC of the European Parliament and of the Council of 19 November 2008 on the protection of the environment through criminal law (OJ L 328, 6.12.2008, p. 28).
Amendment 180 #
Proposal for a regulation
Recital 36
Recital 36
(36) Competent authorities of the Member States, including their environmental authorities, market surveillance, judicial and customs authorities, should carry out checks, on a risk-based approach, in order to ensure compliance with all provisions of this Regulation. Such approach is necessary in order to target the activities representing the highest risk of illegal trade or unlawful release of fluorinated greenhouse gases covered by this Regulation. In addition, competent authorities should carry out checks when in possession of evidence or other relevant information on potential cases of non- compliance. Where relevant and to the extent possible, such information should be communicated to customs authorities in order to proceed to a risk analysis prior to controls, in accordance with Article 47 of Regulation (EU) 952/2013 of the European Parliament and of the Council.35 It is important to ensure that competent authorities responsible for following up the issuing of penalties are informed when cases of infringements of this Regulation have been established by other competent authorities. _________________ 35 Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (OJ L 269, 10.10.2013, p. 1).
Amendment 188 #
Proposal for a regulation
Recital 39 a (new)
Recital 39 a (new)
(39 a) As one aim of this Regulation is to contribute to the climate goals of the Union, its efficiency and effects should be regulary reviewed by the Commission, in order not to hinder the application of technologies that have the potential to eliminate even more GHGs. Demand for F-gases may for example increase as the Union has to rely on batteries in order to accomplish its shift to electric vehicles. Batteries may also be needed for the storage of renewable energy. This Regulation should not hinder such developments, as that could contribute to higher GHG emissions in the Union. Therefore, the Commission should, from 2027 and every two years thereafter, present a report to the European Parliament and to the Council on the effects of this Regulation. That report should, in particular, focus on the hindrance this Regulation may cause to the implementation of other green technologies, as well as the impact of this Regulation on the industry and end-users, in particular SMEs.
Amendment 198 #
Proposal for a regulation
Article 2 – paragraph 2
Article 2 – paragraph 2
2. This Regulation also applies to products and equipment, and parts thereof, containing fluorinated greenhouse gases or whose functioning relies upon those gases.
Amendment 206 #
Proposal for a regulation
Article 3 – paragraph 1 – point 6
Article 3 – paragraph 1 – point 6
(6) ‘placing on the market’ means the supplying or making available to another person witharty in the Union, for the first time, for payment or free of charge, the customs release for free circulation in the Union, andor using for its own account in the ucase of substances produced or the use of products or equipment manufactured for own usea producer, and includes customs release for free circulation in the Union;
Amendment 208 #
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 211 #
Proposal for a regulation
Article 3 – paragraph 1 – point 9 a (new)
Article 3 – paragraph 1 – point 9 a (new)
(9 a) ‘plug-in’ means capable of or designed for being connected to an electrical power source by inserting the plug into different sockets without the intervention of a professional installer;
Amendment 212 #
Proposal for a regulation
Article 3 – paragraph 1 – point 9 b (new)
Article 3 – paragraph 1 – point 9 b (new)
(9 b) ‘self-contained system’ means a complete factory-made refrigerating system in a suitable frame and/or enclosure, that is fabricated and transported complete in which no refrigerant-containing parts are connected on site;
Amendment 213 #
Proposal for a regulation
Article 3 – paragraph 1 – point 9 c (new)
Article 3 – paragraph 1 – point 9 c (new)
(9 c) ‘split system’ means a system that consists of multiple mountings linked by refrigerant piping to form a discrete matched functional unit, needing installation and connection of refrigerant circuit parts at the site of usage;
Amendment 214 #
Proposal for a regulation
Article 3 – paragraph 1 – point 9 d (new)
Article 3 – paragraph 1 – point 9 d (new)
(9 d) ‘single split air conditioning systems’ means systems for room air conditioning that consist of one outdoor unit and one indoor unit linked by refrigerant piping, needing installation at the site of usage;
Amendment 215 #
Proposal for a regulation
Article 3 – paragraph 1 – point 9 e (new)
Article 3 – paragraph 1 – point 9 e (new)
(9 e) ‘heat pump’ means systems that use a refrigeration circuit to extract energy from the environment or from waste heat sources and deliver space/water heating. Reversible systems provide a cooling as well as a heating function;
Amendment 216 #
Proposal for a regulation
Article 3 – paragraph 1 – point 9 f (new)
Article 3 – paragraph 1 – point 9 f (new)
(9 f) ‘household equipment’ means electrical equipment, declared by the manufacturer in the Declaration of Conformity as complying with the Directive 2014/35/EU of the European Parliament and of the Council;
Amendment 236 #
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1 a. The prevention of emissions of fluorinated greenhouse gases shall be considered together with the prevention of emissions of overall greenhouse gases and the energy efficiency first principle. In this regard special attention should be paid to heat pump technologies and their potential to replace fossil fuel boilers, making a major contribution to achieving the EU's energy and climate targets and a reduced dependency on fossil fuels as determined in the REPowerEU plan.
Amendment 239 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Operators and manufacturers of equipment and installations that contain fluorinated greenhouse gases listed in Annexes I or II, as well as undertakings in possession of such equipment during its transport or storage, shall take all necessary precautions to prevent the unintentional release of any such gases. They shall take all measures that are technically, practically and economically feasible to minimise leakage of the gases.
Amendment 248 #
Proposal for a regulation
Article 4 – paragraph 6 – subparagraph 2 a (new)
Article 4 – paragraph 6 – subparagraph 2 a (new)
Amendment 255 #
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 13 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 263 #
Hermetically sealed equipment that contains less than 10 tonnes of CO2 equivalent of fluorinated greenhouse gases listed in Annex I or 26 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 280 #
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1 – introductory part
Article 7 – paragraph 2 – subparagraph 1 – introductory part
Amendment 291 #
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. As from 1 January 20246, building owners and contractors shall ensure that during renovation, refurbishing or demolition activities implying the removal of metal-faced panels that contain foams with fluorinated greenhouse gases listed in Annex I and Annex II, Section 1, the emissions are avoided to the extent possible by recovery for reuse or destruction of the foams and the gases contained therein. The recovery shall be carried out by appropriately qualified natural persons.
Amendment 292 #
Proposal for a regulation
Article 8 – paragraph 5 – subparagraph 1
Article 8 – paragraph 5 – subparagraph 1
As from 1 January 20246, building owners and contractors shall ensure that during renovation, refurbishing or demolition activities implying the removal of foams in laminated boards installed in cavities or built-up structures that contain fluorinated greenhouse gases listed in Annex I and Annex II, Section 1, the emissions are avoided to the extent possible by recovery for reuse or destruction of the foams and the gases contained therein. The recovery shall be carried out by appropriately qualified natural persons.
Amendment 324 #
Proposal for a regulation
Article 10 – paragraph 6 a (new)
Article 10 – paragraph 6 a (new)
6 a. The Member States shall establish or adapt certification schemes and training programmes pursuant to paragraphs 1, 2, 3 and 6 within six months from entry into force of this regulation.
Amendment 328 #
Proposal for a regulation
Article 10 – paragraph 8 – subparagraph 1
Article 10 – paragraph 8 – subparagraph 1
By 1 January [OP, please insert the date = onthree years following the entry into force of this Regulation] Member States shall notify the Commission of certification and training programmes.
Amendment 335 #
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. The date of placing on the market shall be referring to the planned delivery date as specified in the purchase contract.
Amendment 345 #
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 country of origin or for disposal and for the recovery of the gas prior to the disposal pursuant to Article 8.
Amendment 350 #
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 3
Article 11 – paragraph 1 – subparagraph 3
Amendment 355 #
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. The prohibition set out in paragraph 1, first subparagraph, shall not apply to equipment for which it has been established in ecodesign studies and/or requirements adopted under Directive 2009/125/EC that due to higher energy efficiency during its operation, its lifecycle CO2 equivalent emissions would be lower than those of equivalentequipment which meets relevant ecodesign requirements. In addition, the prohibition shall not apply to equipment for which meets relevant ecodesign requireit has been established that alternative solutions emit more GHG emissions, taking into account their life- cycle assessments. .
Amendment 361 #
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 Commissiona Member State 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 366 #
Proposal for a regulation
Article 11 – paragraph 4 – subparagraph 1 – point a
Article 11 – paragraph 4 – subparagraph 1 – point a
(a) for a specific product or a piece of equipment, or for a specific category of products or equipment, proved and qualified alternatives are not available, or cannot be used for technical or safety reasons; or
Amendment 370 #
Proposal for a regulation
Article 11 – paragraph 4 – subparagraph 2
Article 11 – paragraph 4 – subparagraph 2
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 34(2)e Member State shall notify the exemption and its duration to the Commission, and regularly assess it.
Amendment 372 #
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, 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). Operators of electrical switchgear shall also be allowed to buy, for the purposes mentioned above, spare parts for existing switchgear as well as parts for their extension in the manner foreseen by the respective technology.
Amendment 391 #
Proposal for a regulation
Article 12 – paragraph 14
Article 12 – paragraph 14
Amendment 417 #
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 2026, except when such use is strictly required and no other anaesthetic can be used on medical groundsconfer medical benefits versus other anaesthetic agents or when used in conjunction with a gas capture technology. The user shall provide evidence, upon request, on the medical justification to the competent authority of the Member State and the Commission.
Amendment 418 #
Proposal for a regulation
Article 13 – paragraph 4 a (new)
Article 13 – paragraph 4 a (new)
4 a. From 1 January 2030, the use of sulfuryl fluoride for post-harvest fumigation and treatment of wood and wooden products against pest infestation shall be prohibited. In exceptional circumstances, where a phytosanitary certificate is required and no other treatment can be used, short- term approval to use sulfuryl fluoride must be requested. Perpetual broad- spectrum approval for phytosanitary use is prohibited.
Amendment 435 #
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 448 #
Proposal for a regulation
Article 16 – paragraph 4 – subparagraph 1 – point b
Article 16 – paragraph 4 – subparagraph 1 – point b
(b) a sufficient supply of hydrofluorocarbons cannot be ensured without entailing disproportionate costs. or risks to public health.
Amendment 451 #
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) the quota system will affect the European Union decarbonization targets.
Amendment 454 #
Proposal for a regulation
Article 16 – paragraph 4 – subparagraph 2
Article 16 – paragraph 4 – subparagraph 2
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 34(2). The authorized exemption shall be applicable within the whole Union and not exclusively to the single Member State.
Amendment 456 #
Proposal for a regulation
Article 16 – paragraph 6
Article 16 – paragraph 6
6. This Article and Articles 17, 20 to 29 and 31 shall alsonot apply to hydrofluorocarbons contained in pre- blended polyols.
Amendment 464 #
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 the amount due which equals to threone 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 471 #
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 andor is having undesirable or unintended effects, including on public health.
Amendment 481 #
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 503 #
Proposal for a regulation
Article 23 – paragraph 3 – point e
Article 23 – paragraph 3 – point e
(e) the tonnes of CO2 equivalent of bulk gases and of gases contained in products or equipment, and parts thereof.
Amendment 506 #
Proposal for a regulation
Article 23 – paragraph 12 – subparagraph 3
Article 23 – paragraph 12 – subparagraph 3
Amendment 535 #
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 maximum administrative fines of at least five times the market value15 euro/t CO2 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 value30 euro/t CO2 of the gases or products and equipment concerned.
Amendment 546 #
Proposal for a regulation
Article 35 – paragraph 1 a (new)
Article 35 – paragraph 1 a (new)
By 31 December 2027, and every two years thereafter, the Commission shall submit to the European Parliament and to the Council a comprehensive report on the effects of this Regulation, and in particular: (a) a forecast of the continued demand for hydrofluorocarbons beyond 2035; (b) a review of the availability of technically feasible, cost-effective, energy efficient and safe alternatives to products and equipment containing fluorinated greenhouse gases, in particular metered dose inhalers; (c) the effects of this Regulation on the transition towards electric vehicles and batteries needed for energy storage solutions; (d) the effects of this Regulation on the affected industry and end-users, in particular SMEs. That report should be accompanied, where appropriate, by a legislative proposal to amend this regulation.
Amendment 554 #
Proposal for a regulation
Article 38 – paragraph 4
Article 38 – paragraph 4
Article 17(5) shall apply from [OP: Please insert the year following the year of the application of this Regulation]1 January 2030.
Amendment 559 #
Proposal for a regulation
Annex IV – point 2
Annex IV – point 2
2. The evidence referred to in point 23, shall include documentation establishing that following an open call for tender no suitable alternative on technical and economical grounds, given the demonstrated specificities of the application, was available that could meet the conditions set out in point 23. The documentation shall be kept by the operator for at least five years and shall be made available to the competent authority of the Member State and to the Commission, upon request.
Amendment 560 #
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 maintenance and repair of equipment already installed and to the extension of the already installed gas-insulated substations and already installed refrigeration, air conditioning or heat pump equipment.
Amendment 563 #
Proposal for a regulation
Annex IV – point 2 b (new)
Annex IV – point 2 b (new)
2 b. Technical grounds within the meaning of point 23 shall be understood to include, in addition to reasons relating to the functioning of the installation itself or its interaction with the energy system, also an unsuitable spacial situation required for the installation of the respective technology.
Amendment 573 #
Proposal for a regulation
Annex VIII – point 1 – paragraph 2 – indent 2
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), multiplied by the maximum quantity for the year for which the quota is allocated divided by the maximum quantity for the year 20247.
Amendment 575 #
Proposal for a regulation
Annex VIII – point 1 – paragraph 3
Annex VIII – point 1 – paragraph 3
In case where after allocating the full amount of quotas as referred to in the second subparagraph, the maximum quantity is exceeded, all quotas allocated under Annex VII, point 4(i) will be reduced proportionally.
Amendment 609 #
Proposal for a regulation
Annex IV – point 12
Annex IV – point 12
(12) Any stationary, self-contained refrigeration equipment except chillers, rooftops or any other stationary self-contained refrigeration equipment with a capacity above 6 kW that contains fluorinated 1 January greenhouse gases with GWP of 150 or more. , except when needed to 2027 2025 meet safety requirements.
Amendment 616 #
Proposal for a regulation
Annex IV – point 14
Annex IV – point 14
(14) Stationary refrigeration equipment, that contains, or whose functioning relies upon, fluorinated greenhouse gases with GWP of 2 500 or more 1 January except equipment intended for application designed to cool products to 20246 temperatures below – 50 °C.
Amendment 626 #
Proposal for a regulation
Annex IV – point 17
Annex IV – point 17
(17) Plug-in room and other self-contained room air-conditioning and heat pumpequipment and plug-in self-contained room heat pump appliances which are movable by the 1 January equipmentnd user that contain fluorinated greenhouse gases with GWP of 150 1 January 2028 or more. 2025 , except when needed to meet safety requirements.
Amendment 641 #
Proposal for a regulation
Annex IV – point 18
Annex IV – point 18
(18) Stationary split air-conditioning and split heat pump equipment : (a) Single split air-conditioning systems containing less than 3 kg of fluorinated greenhouse 1 January gases listed in Annex I, that contain, or whose functioning relies upon,fluorinated greenhouse gases listed in Annex I and fixed double duct 2025 fluorinated greenhouse gases listed in Annex I with GWP of 750 or more; (b) Split systems of a rated capacity of up to and including 12 kW appliances, that containing, or whose functioning relies upon, fluorinated greenhouse gasesgreenhouse gases listed in Annex I with GWP of 1750 or more, except when required to meet safety standards; 1 January 2027; Deleted (c) SOther split systems of a rated capacity of more than 12 kW containing, or whose functioning relies upon, 1 January fluorinated greenhouse gases with GWP of 750 or more, except when requir 2030 needed to meet safety standardrequirements.
Amendment 652 #
Proposal for a regulation
Annex IV – point 23
Annex IV – point 23
(a) medium voltage switchgear for primary and secondary distribution up to 24 kV, with insulating or breaking medium using, or whose functioning relies upon, gases with GWP of 10 1 January 1 January or more, or with GWP of 2000 or more, unlessfunctioning relies upon, gas mixtures with 2030 2026GWP of 2000 or more, unless evidence is evidence is provided that no suitable alternative is alternative is available based on technical grounds within the lower GWP ranges referred to above; (b) medium voltage switchgear for primary and grounds; (b) secondary distribution from more than 24 kV and up to 52 kV, with insulating or breaking medium using, or whose functioning relies 1 January upon gas mixtures with GWP of 10 or more, or withmore than 20301 GWP of more than 2000, unless evidence is (23) Installation and provided that noprovided that no suitable alternative is available replacement of thebased on (23) Electrical based on technical grounds within the lower following electrical GWP ranges referred to above;; switchgear: in new (c) (c) high voltage switchgear from 52 and up to 145 installations: kV and up to 50 kA short circuit current with insulating or breaking medium using, or whose functioning relies upon gases with GWP of 10 1 January 1 Januaryfunctioning relies upon gas mixtures with or more, or with GWP of more than 2000, 2029 2028GWP of more than 2000, unless evidence is unless evidence is provided that no suitable alternative is alternative is available based on technical grounds within the lower GWP 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 1 January functioning relies upon gases with GWP of 10 2031 mixtures of more or more, or with GWP of more than 2000 2032 than 2000 unless evidence is provided that no suitable suitable alternative is available based on technical grounds within the lower GWP ranges referred to above. technical grounds.
Amendment 676 #
Maximum Quantity Years in tonnes CO2 equivalent 2024 – 2026 41 701 077 65 000 000 2027 – 2029 17 688 36 53 000 000 2030 – 2032 9 132 097 48 000 000 2033 – 2035 8 445 713 2036 – 2038 6 782 265 2039 – 2041 6 136 732 2042 – 2044 5 491 199 2045 – 2047 4 845 666 2048 onwards 4 200 133 40 000 000 2036 – 2038 To be defined after a new revision of the Regulation 2039 – 2041 To be defined after a new revision of the Regulation 2042 – 2044 To be defined after a new revision of the Regulation 2045 – 2047 To be defined after a new revision of the Regulation 2048 onwards To be defined after a new revision of the Regulation