116 Amendments of Günther SIDL related to 2022/0099(COD)
Amendment 114 #
Proposal for a regulation
Recital 1
Recital 1
(1) The European Green Deal launched a new growth strategy for the Union that aims to transform the Union into a fair and prosperous society with a modern, resource-efficient and competitive economy. It reaffirms the Commission’s ambition to increase its climate targets and make Europe the first climate-neutral and zero-pollution continent by 2050 at the latest and aims to protect the health and well-being of citizens from environment- related risks and impacts. Furthermore, the EU is committed to the 2030 Agenda for Sustainable Development and its Sustainable Development Goals. Regulation (EU) 2021/1119 of the European Parliament and of the Council (‘European Climate Law’)1a, the 8th Environmental Action Programme, and the 2030 Agenda for Sustainable Development and its Sustainable Development Goals. _________________ 1a Regulation (EU) 2021/1119 establishing the framework for achieving climate neutrality and amending Regulations (EC) No 401/2009 and (EU) 2018/1999 (‘European Climate Law’) (OJ L 243, 9.7.2021, p. 1).
Amendment 121 #
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5 a) Ambitions to reduce GHG emissions including the emissions of fluorinated gases should be stepped up. By 2050, the International Energy Agency (IEA) expects the number of air conditions in the world to quadruple. Air condition alone could account for half a degree of global warming. Most households in hot countries today have not yet brought their first air condition. Air-conditioning needs to be hyper efficient, pollutant-free, affordable, and well maintained
Amendment 127 #
Proposal for a regulation
Recital 7
Recital 7
(7) To ensure coherence with the reporting requirements under the Protocol, global warming potentials of HFCs should be calculated in terms of the 100-year global warming potential of one kilogram of a gas relative to one kilogram of CO2 based on the Fourth Assessment Report adopted by the IPCC. For other substances, the most recent IPCC Assessment Report should be used. Where available, the 20- year global warming potential should be provided to better inform about the climate impacts of the substances covered by this Regulation. The Commission should advocate for an update of the GWP values of fluorinated greenhouse gases in line with the Sixth Assessment Report adopted by the IPCC at the international level.
Amendment 129 #
Proposal for a regulation
Recital 9
Recital 9
(9) Given that the production process for some fluorinated compounds can result in insignificant 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. Producers and importers should be required to document mitigation measures adopted to prevent emissions of trifluoromethane during the production process and proof of the destruction and recovery in line with the best available techniques.
Amendment 134 #
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10 a) Member States should ensure that producer responsibility schemes are established for the treatment of end-of-life fluorinated greenhouse gases. The Commission should set out minimum requirements for those producer responsibility schemes,including on collection, reclamation, recycling, disposal facilities, equipment provision to certified technicians, reporting and awareness-raising.
Amendment 137 #
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. Member States should ensure that all of the workforce handling fluorinated greenhouse gases and alternative technologies are fully trained.
Amendment 143 #
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 onleading to a complete phase out of the use in the critical sector of power distribution.
Amendment 145 #
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12 a) The acceleration in the market of air conditioning and heat pump equipment and technological turnover in refrigeration underscores the need to plan for training in Member States with the aim of ensuring certification programmes and training are sufficient to meet the Union’s climate objectives.
Amendment 149 #
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, foams, technical aerosols 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 of such alternatives would entail disproportionate costs, 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 151 #
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13 a) The Commission recognises, in its communication of 14 October 2020, entitled “Chemicals Strategy for Sustainability Towards a Toxic-Free Environment” that per- and polyfluoroalkyl substances (PFAS) require special attention, considering the large number of cases of contamination of soil and water - including drinking water - in the EU and globally, the number of people affected with a full spectrum of illnesses and the related societal and economic costs. In order to ensure coherence with Union policy and a high level of protection of human health and the environment, and given the availability of non-toxic alternatives, the use of fluorinated greenhouse gases that are also PFAS, whose production produces PFAS or otherwise decomposes into PFAS, should not be encouraged by this Regulation.
Amendment 157 #
Proposal for a regulation
Recital 13 b (new)
Recital 13 b (new)
(13 b) The Commission should request the European standardisation organisations to develop and update relevant harmonised standards to ensure the smooth implementation of the restrictions on placing on the market laid down in this Regulation. Member States should ensure that national standards and building codes are updated to reflect the allowable charge limits of flammable refrigerants, including IEC 60335-2-89 and IEC 60335-2-40 and should report on their efforts to that end and any exceptions to their update.
Amendment 158 #
Proposal for a regulation
Recital 13 c (new)
Recital 13 c (new)
(13 c) The Commission should work in close cooperation with the European Medicines Agency to coordinate a smooth approval process in respect of fluorinated substances and alternatives for medical use, so that all environmental and health aspects are taken into account.
Amendment 159 #
Proposal for a regulation
Recital 15
Recital 15
(15) Non-refillable containers for ozone depleting substancof fluorinated greenhouse gases, should be banned, considering that an amount of refrigerant inevitably remains in these containers when emptied, which is then released into the atmosphere. In this respect, this Regulation should prohibit their import, placing on the market, subsequent supply or making available on the market, use unless for laboratory and analytical uses, and their export. Containers of fluorinated gases should be labelled with information on arrangements for their return for refilling.
Amendment 162 #
(15 a) As third countries, particularly developing ones, might not have stringent recovery obligations for fluorinated greenhouse gases nor have the appropriate infrastructure to manage those gases at the end of life, exports of products and equipment containing fluorinated greenhouse gases and of containers of those gases from the Union to third countries could result in the release of those gases into the atmosphere when the products and equipment are discarded. As part of its global efforts to mitigate climate change, the Union should not permit the export of at least the most potenthy drofluorocarbons.
Amendment 166 #
Proposal for a regulation
Recital 20
Recital 20
(20) Considering the market value of the allocated quota, it is appropriate to claim a price for its allocation. That price should increase over time in order to provide a stable revenue stream. This avoids a further fragmentation of the market to the detriment of those undertakings that are in need of the HFC supply and already dependent on HFC trade in the declining market. It is assumed that undertakings that decide not to claim and pay any quota, for which they would be entitled in the year(s) prior to the calculation of reference values, have decided to leave the market and thus they do not get a new reference value. The revenue should be used to cover administrative costs and allow for additional investments in Member States to stimulate the training and uptake of natural refrigerants and measures to prevent illegal HFC trade.
Amendment 171 #
Proposal for a regulation
Recital 24 a (new)
Recital 24 a (new)
(24 a) The Commission should work in close cooperation with the European Medicines Agency to coordinate a smooth approval process in respect of fluorinated substances and alternatives for medical use, so that all environmental and health aspects are taken into account.
Amendment 189 #
Proposal for a regulation
Recital 39 a (new)
Recital 39 a (new)
(39 a) In its Communication of 14 October 2020 entitled “Improving access to justice in environmental matters in the EU and its Member States”, the Commission recognised that access to justice in environmental matters is not guaranteed in all Member States and called on the Council and the European Parliament to introduce explicit access to justice provisions in new and revised EU laws concerning environmental matters. This Regulation contains provisions which create equal conditions of access across the Union to national courts for members of the public who find that their public authorities are not incompliance with the obligations arising from it, in line with the Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (the “Aarhus Convention”).
Amendment 194 #
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 203 #
Proposal for a regulation
Article 3 – paragraph 1 – point 5 a (new)
Article 3 – paragraph 1 – point 5 a (new)
(5 a) "PFAS" means, for the purposes of this regulation, fluorinated greenhouse gases that are also PFAS, whose production produces PFAS or decompose into PFAS
Amendment 224 #
Proposal for a regulation
Article 3 – paragraph 1 – point 36 a (new)
Article 3 – paragraph 1 – point 36 a (new)
(36 a) ‘polluter pays principle’ means that polluters shall bear the costs of their pollution or environmental damage, including the cost of measures taken to prevent, control and remedy pollution, as well as the costs the polluters impose on society;
Amendment 226 #
Proposal for a regulation
Article 3 – paragraph 1 – point 36 b (new)
Article 3 – paragraph 1 – point 36 b (new)
(36 b) ‘per- and polyfluoroalkyl substances’ or ‘PFAS’ means, for purposes of this Regulation, fluorinated greenhouse gases listed in Annexes I, II or III that are also per-and polyfluoroalkyl substances, as defined pursuant to Regulation (EC) No1907/2006, or that contribute to per- and polyfluoroalkyl substances in the atmosphere, water or ground through decomposition or as a by-product of production;
Amendment 229 #
Proposal for a regulation
Article 3 – paragraph 1 – point 36 c (new)
Article 3 – paragraph 1 – point 36 c (new)
(36 c) ‘One Health Approach’ means an integrated, unifying approach that aims to sustainably balance and optimise the health of people, animals, plants and ecosystems. It recognises that the health of humans, domestic and wild animals, plants, and the wider environment including ecosystems are closely interlinked and inter-dependent;
Amendment 235 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The intentional release into the atmosphere of fluorinated greenhouse gases listed in Annexes I and II shall be prohibited where the release is not technically necessary for the intended use or recapture is not technically feasible.
Amendment 237 #
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 and economically feasible to minimise leakage of the gases and to avoid the production of or substitution via per- and polyfluoroalkyl substances (PFAS).
Amendment 242 #
Proposal for a regulation
Article 4 – paragraph 4 – subparagraph 1
Article 4 – paragraph 4 – subparagraph 1
Where a leakage of fluorinated greenhouse gases listed in Annex I or II is detected, the operators, manufacturers of equipment and installations and the undertakings in possession of the equipment during its transport, or storage, shall ensure that the equipment or installation is repaired without undue delay in line with the polluter pays principle.
Amendment 244 #
Proposal for a regulation
Article 4 – paragraph 5 – subparagraph 2
Article 4 – paragraph 5 – subparagraph 2
For the purpose of providing that evidence, importers and producers shall draw up a declaration of conformity and join supporting documentation with: (a) information on the production facility and the mitigation measures adopted to prevent emissions of trifluoromethane; (b) the proof of availability and operation of the best available abatement technology at the production facility; (c) the proof of mitigation measures adopted to prevent emissions of trifluoromethane, in line with best available techniques; (d) the proof of destruction or recovery of any quantity of emitted trifluoromethane, in line with best available techniques and in accordance with the requirements laid down in Article 8(7). Producers and importers shall keep the declaration of conformity and supporting documentation for a period of at least five years after the placing on the market and make them available, upon request, to national competent authorities and to the Commission.
Amendment 245 #
Proposal for a regulation
Article 4 – paragraph 5 – subparagraph 3
Article 4 – paragraph 5 – subparagraph 3
The Commission mayshall, by means of implementing acts, determine the detailed arrangements relating to and the detailed elements of the declaration of conformity and supporting documentation referred to in the second subparagraph. Those implementing acts shall be adopted in accordance with Article 34(2).
Amendment 249 #
Proposal for a regulation
Article 4 – paragraph 6 – subparagraph 2 a (new)
Article 4 – paragraph 6 – subparagraph 2 a (new)
Operators shall ensure that sulfuryl fluoride is captured and recovered after fumigation, unless the recovery is not technically feasible or entails disproportionate costs. Operators shall ensure that the recovery is carried out by appropriately qualified natural persons, so that the gases are recycled, reclaimed or destroyed. For the purpose of providing evidence of destruction, operators shall draw up a declaration of conformity and join supporting documentation with information on the facility, the proof of availability and operation of the best available recovery technology at the facility, and proof of the measures adopted to recover emissions of sulfuryl fluoride. Where recovery of sulfuryl fluoride is not technically feasible and entails disproportionate costs, the operator shall draw up documentation providing evidence of the impossibility of the recovery of sulfuryl fluoride in that specific case. The operator shall retain the declaration of conformity and the supporting documentation for five years and shall make them available, on request, to the competent authorities of a Member State and to the Commission.
Amendment 251 #
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1
Article 5 – paragraph 1 – subparagraph 1
Amendment 258 #
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 2
Article 5 – paragraph 1 – subparagraph 2
Amendment 265 #
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 3 – point c
Article 5 – paragraph 1 – subparagraph 3 – point c
Amendment 270 #
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 vans, trucks and, trailers and ships;
Amendment 272 #
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1 – point e a (new)
Article 5 – paragraph 2 – subparagraph 1 – point e a (new)
(e a) air-conditioning equipment in metros, trains, ships, planes and in road transport vehicles with the exception of those within the scope of Directive 2006/40/EC;
Amendment 281 #
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 vans, trucks and, trailers and ships 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 285 #
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 vans, trucks and, trailers and ships;
Amendment 297 #
Proposal for a regulation
Article 8 – paragraph 8
Article 8 – paragraph 8
8. The Commission is empowered to adopt delegated acts in accordance with Article 32 to supplement this Regulation by establishing a list of products and equipment for which the recovery of fluorinated greenhouse gases listed in Annex I and Annex II, Section 1, or destruction of products and equipment containing such gases without prior recovery of these gases shall be considered technically and economically feasible, specifying, if appropriate, the technologies to be applied.
Amendment 299 #
Proposal for a regulation
Article 8 – paragraph 9
Article 8 – paragraph 9
9. Member States shall promote the recovery, recycling, reclamation and destruction of fluorinated greenhouse gases listed in Annex I and Annex II, Section 1.
Amendment 302 #
Proposal for a regulation
Article 9 – title
Article 9 – title
Amendment 306 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
Without prejudice to existing Union legislation, Member States shall encourage the development ofrequire that by 31 December 2027 extended producer responsi bility schemes for the recoveryare established for the recovery, recycling, reclamation or destruction of fluorinated greenhouse gases listed in Annexes I and II and their recycling, reclamation or destruction.
Amendment 309 #
Proposal for a regulation
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
The Commission shall, by 31 December 2025, adopt delegated acts in accordance with Article 32 to supplement this Regulation by setting out minimum requirements for the producer responsibility schemes referred to in paragraph 1, including on collection, reclamation, recycling, disposal facilities, equipment provision to certified technicians, reporting and awareness raising.
Amendment 310 #
Proposal for a regulation
Article 9 – paragraph 1 b (new)
Article 9 – paragraph 1 b (new)
Member States shall ensure that producers and importers of fluorinated greenhouse gases listed in Annexes I and II cover the costs pursuant to the extended producer responsibility provisions in Directive 2008/98/EC of the European Parliament and of the Council and, insofar as not already included, cover at least the following costs: (a) the costs of collection, including the provision of accessible collection points, storage and transport; (b) the costs of recycling units for natural persons certified in accordance with Article 10 for the purposes of onsite recycling.
Amendment 312 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
Amendment 317 #
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Member States shall ensure that training programmes for natural persons recovering fluorinated greenhouse gases listed in Annex I and Annex II, Section I and relevant alternatives from air- conditioning equipment in motor vehicles falling within the scope of Directive 2006/40/EC of the European Parliament and of the Council42 are available, pursuant to paragraph 5. _________________ 42 Directive 2006/40/EC of the European Parliament and of the Council of 17 May 2006 relating to emissions from air conditioning systems in motor vehicles and amending Council Directive 70/156/EEC (OJ L 161, 14.6.2006, p. 12).
Amendment 321 #
Proposal for a regulation
Article 10 – paragraph 3 – point e a (new)
Article 10 – paragraph 3 – point e a (new)
(e a) certification for natural refrigerants (their characteristics and benefits compared to the use of fluorinated greenhouse gases, and their safe handling during installation, servicing, maintenance, repair and decommissioning).
Amendment 327 #
Proposal for a regulation
Article 10 – paragraph 8 – subparagraph 1
Article 10 – paragraph 8 – subparagraph 1
By 1 January [OP, please insert the date = one year following the entry into force of this Regulation] Member States shall notify the Commission of certification and training programmes and the number of certified and trained persons for fluorinated greenhouse gases and the relevant alternatives in each sector. Member States shall accompany the notification with a plan to setting out actions to increase certification and training on the relevant alternatives during the upcoming calendar year.
Amendment 331 #
Proposal for a regulation
Article 10 – paragraph 9
Article 10 – paragraph 9
9. The Commission mayshall, by means of implementing acts, determine the format of the notification referred to in paragraph 8and targets of both the notification and the plan. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 34(2).
Amendment 353 #
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 3
Article 11 – paragraph 1 – subparagraph 3
Amendment 360 #
Proposal for a regulation
Article 11 – paragraph 3 – subparagraph 2 a (new)
Article 11 – paragraph 3 – subparagraph 2 a (new)
The Commission is empowered to adopt delegated acts in accordance with Article 32 to set out the evidentiary requirements to satisfy the requirements in subparagraph (b) of Article 11(3).
Amendment 371 #
Proposal for a regulation
Article 11 – paragraph 4 – subparagraph 2 a (new)
Article 11 – paragraph 4 – subparagraph 2 a (new)
The import, placing on the market, any subsequent supply, or making available to other persons within the Union for payment or free of charge, use or export of fluorinated greenhouse gases listed in Annex I, Section 1 with a global warming potential of 2500 or more is prohibited.
Amendment 376 #
Proposal for a regulation
Article 11 – paragraph 6 a (new)
Article 11 – paragraph 6 a (new)
6 a. Only undertakings that hold a certificate or training attestation required under Article 10, or undertakings that employ persons holding such a certificate or a training attestation, shall be allowed to import or sell bulk fluorinated greenhouse gases listed in Annex I or Annex II.
Amendment 377 #
Proposal for a regulation
Article 11 – paragraph 6 b (new)
Article 11 – paragraph 6 b (new)
6 b. The sale of fluorinated greenhouse gases listed in Annex I or Annex II via online marketplace trading platforms is prohibited.
Amendment 378 #
Proposal for a regulation
Article 11 – paragraph 6 c (new)
Article 11 – paragraph 6 c (new)
6 c. In addition to the placing on the market prohibitions set out in Annex IV, the import, placing on the market, any subsequent supply, or making available to other persons within the Union for payment or free of charge, use or export of fluorinated greenhouse gases that are PFAS is prohibited from 1 January 2025.
Amendment 380 #
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Products or equipment subject to an exemption as referred to in Article 11 (4) shall be labelled accordingly, mentioning the validity period of the exemption, and shall include a reference that those products or equipment may only be used for the purpose for which an exemption under that Article was granted.
Amendment 381 #
Proposal for a regulation
Article 12 – paragraph 3 – subparagraph 1 – point c
Article 12 – paragraph 3 – subparagraph 1 – point c
(c) from 1 January 2017, the quantity expressed in weight and in CO2 equivalent of fluorinated greenhouse gases contained in the product or equipment, or the quantity of fluorinated greenhouse gases for which the equipment is designed, and the global warming potential of those gases, both on a 100- and 20-year timescale.
Amendment 383 #
Proposal for a regulation
Article 12 – paragraph 3 – subparagraph 2 a (new)
Article 12 – paragraph 3 – subparagraph 2 a (new)
Where relevant, retrofitted products or equipment containing fluorinated greenhouse gases shall be relabelled with updated information referred to in this paragraph.
Amendment 384 #
Proposal for a regulation
Article 12 – paragraph 5 a (new)
Article 12 – paragraph 5 a (new)
5 a. Where relevant, refilled containers of fluorinated greenhouse gases shall be relabelled with updated information as referred to in the first subparagraph.
Amendment 398 #
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 2 500 or more, for the servicing or maintenance of refrigeration equipment is prohibited.
Amendment 400 #
Proposal for a regulation
Article 13 – paragraph 3 – subparagraph 2
Article 13 – paragraph 3 – subparagraph 2
This paragraph shall not apply to military equipment or equipment intended for applications designed to coocool pharmaceutical products to temperatures below - 50 °C.
Amendment 404 #
Proposal for a regulation
Article 13 – paragraph 3 – subparagraph 3 – introductory part
Article 13 – paragraph 3 – subparagraph 3 – introductory part
The prohibition referred to in the first subparagraph shall not apply to the following categories of fluorinated greenhouse gases until 1 January 203027:
Amendment 407 #
Proposal for a regulation
Article 13 – paragraph 3 – subparagraph 3 – point a
Article 13 – paragraph 3 – subparagraph 3 – point a
(a) reclaimed fluorinated greenhouse gases listed in Annex I with a global warming potential of 2 500 or more used for the maintenance or servicing of existing refrigeration equipment, provided that they have been labelled in accordance with Article 12(6);
Amendment 410 #
Proposal for a regulation
Article 13 – paragraph 3 – subparagraph 3 – point b
Article 13 – paragraph 3 – subparagraph 3 – point b
(b) recycled fluorinated greenhouse gases listed in Annex I with a global warming potential of 2 500 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.
Amendment 412 #
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 refrigeration equipment for which an exemption has been authorised in accordance with Article 11(4).
Amendment 413 #
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 grounds. The ushealth provider shall provide evidence, upon request, on the medical justification to the competent authority of the Member State and the Commission. The Commission shall work in close cooperation with the European Medicines Agency to coordinate a smooth approval process in respect of fluorinated substances and alternatives for medical use, so that all environmental and health aspects are taken into account in line with the One Health approach.
Amendment 419 #
Proposal for a regulation
Chapter IV – title
Chapter IV – title
IV PRODUCTION SCHEDULE AND, REDUCTION OF THE QUANTITY OF HYDROFLUOROCARBONS PLACED ON THE MARKET AND RESTRICTION ON EXPORT OF HYDROFLUOROCARBONS
Amendment 420 #
Proposal for a regulation
Article 14 – paragraph 4 a (new)
Article 14 – paragraph 4 a (new)
4 a. The production of 1,1,1,3,3- pentafluorobutane shall be prohibited.
Amendment 426 #
Proposal for a regulation
Article 16 – paragraph 2 – point d
Article 16 – paragraph 2 – point d
Amendment 429 #
Proposal for a regulation
Article 16 – paragraph 2 – point e
Article 16 – paragraph 2 – point e
Amendment 443 #
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 or an Agency of the EU 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 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 445 #
Proposal for a regulation
Article 16 – paragraph 4 – subparagraph 1 – point a
Article 16 – paragraph 4 – subparagraph 1 – point a
(a) for those particular applications, products or equipment, alternatives are not available, or cannot be used for technical or safety reasons or risks to public health; and
Amendment 458 #
Proposal for a regulation
Article 16 a (new)
Article 16 a (new)
Article 16 a Restriction on the export of certain hydrofluorocarbons and of products and equipment containing those hydrofluorocarbons The export of fluorinated greenhouse gases listed in Annex I, Section 1, with a GWP of 2 500 or more, and of products and equipment containing those gases, shall be prohibited.
Amendment 461 #
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 three euro for each tonne of CO2 equivalent of quota to be allocatedin accordance with Annex VII. 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 472 #
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 where the mechanism is not fulfilling its purpose and is having undesirable or unintended effects on public health and on the users of metered dose inhalers in particular.
Amendment 474 #
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. That revenue shall be assigned to the LIFE programme and to Heading 7 of the multiannual financial framework (European Public Administration),: (a) 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 , including Article 24; (b) to cover the costs for ensuring compliance with the Protocol; (c) to support implementation of Articles 10, 23, 27, 28 and 29 in Member States;and (d) to accelerate the deployment of heat pumps containing, or whose functioning relies upon, alternatives to fluorinated greenhouse gases, including increasing production of necessary equipment, facilitating access to finance, reducing prices for consumers, training and certifying natural persons under Article 10 and reskilling gas boiler installers. Any revenue remaining after covering these costs shall be entered into the general budget of the Union.
Amendment 486 #
Proposal for a regulation
Article 19 – paragraph 2 – subparagraph 1
Article 19 – paragraph 2 – subparagraph 1
When placing pre-charged equipment or products as referred to in paragraph 1 on the market, manufacturers and importers of equipment or products shall ensure that compliance with paragraph 1 is fully documented and shall draw up a declaration of conformity in this respect..
Amendment 487 #
Proposal for a regulation
Article 19 – paragraph 2 – subparagraph 2
Article 19 – paragraph 2 – subparagraph 2
By drawing up the declaration of conformity, manufacturers and importers of equipment or products shall assume responsibility for compliance with this paragraph and paragraph 1.
Amendment 488 #
Proposal for a regulation
Article 19 – paragraph 2 – subparagraph 3
Article 19 – paragraph 2 – subparagraph 3
Manufacturers and importers of equipment or products shall keep this documentation and the declaration of conformity for a period of at least five years after the placing on the market of that equipment or products and shall make it available, on request, to the competent authorities of Member States and the Commission.
Amendment 489 #
Proposal for a regulation
Article 19 – paragraph 3 – subparagraph 1
Article 19 – paragraph 3 – subparagraph 1
Where hydrofluorocarbons contained in the equipment or products referred to in paragraph 1 have not been placed on the market prior to the charging of the equipment, importers of that equipment or products shall ensure that, by 30 April [OP: Please insert the year of application of this Regulation] and every year thereafter, the accuracy of the documentation, the declaration of conformity and the veracity of their report pursuant to Article 26 is confirmed, for the preceding calendar year, at a reasonable level of assurance by an independent auditor registered in the F-gas Portal.
Amendment 490 #
Proposal for a regulation
Article 19 – paragraph 5
Article 19 – paragraph 5
5. Importers of equipment or products referred to in paragraph 1, which has no establishment in the Union, shall mandate an only representative with an establishment within the Union that assumes the full responsibility of complying with this Regulation. The only representative may be the same as the one mandated pursuant to Article 8 of Regulation (EC) No 1907/2006.
Amendment 491 #
Proposal for a regulation
Article 19 – paragraph 6
Article 19 – paragraph 6
6. This Article shall not apply to undertakings that placed on the market less than 100 tonnes of CO2 equivalent of hydrofluorocarbons, per year, contained in the equipment or products referred to in paragraph 1.
Amendment 492 #
Proposal for a regulation
Article 19 – paragraph 6 a (new)
Article 19 – paragraph 6 a (new)
6 a. The export of used equipment charged with fluorinated greenhouse gases shall be prohibited unless the fluorinated greenhouse gases charged within such equipment have been recovered prior to export.
Amendment 494 #
Proposal for a regulation
Article 20 – paragraph 4 – subparagraph 1 – introductory part
Article 20 – paragraph 4 – subparagraph 1 – introductory part
Undertakings shall have a valid registration in the F-gas Portal prior to the import or export of fluorinated greenhouse gases and products and equipment containing fluorinated greenhouse gases or whose functioning relies upon those gases except in cases of temporary storage and for the following activities:
Amendment 496 #
Proposal for a regulation
Article 20 – paragraph 4 – subparagraph 1 – point c
Article 20 – paragraph 4 – subparagraph 1 – point c
(c) supplying, or receiving hydrofluorocarbons for the purposes listed in points (a) to (ec) of Article 16(2);
Amendment 499 #
Proposal for a regulation
Article 20 – paragraph 7 – subparagraph 2
Article 20 – paragraph 7 – subparagraph 2
The Commission and competent authorities of the Member States shall ensure the confidentiality of the data included in the F-gas Portalat the following data included in the F-gas Portal is publicly available: (i) regularly updated quota allocation; (ii) information on undertakings receiving a quota transfer and the amount received; (iii) a list of registered suppliers; (iv) detailed trade data on each import, including point of entry and type of HFC; (v) transhipment data; (vi) domestic HFC production data including production for feedstock and facilities that produce HFC-23;and (vii) facility-level chemical destruction data.
Amendment 500 #
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
The import and export of fluorinated greenhouse gases and products and equipment containing those gases or whose functioning relies upon those gases except in cases of temporary storage, is subject tto the presentation of a valid licence to customs authorities pursuant to Article 20(4).
Amendment 501 #
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. Customs authorities and market surveillance authorities shall enforce the prohibitions and other restrictions set out in this Regulation with regards to imports and exports and in line with the [Environment Crime Directive] and the [Corporate Sustainability Due Diligence Directive].
Amendment 505 #
For other substances and products and equipment covered by this Regulation, alternative measures may be takencustoms authorities shall seize and confiscate fluorinated greenhouse gases imported or exported in violation of the provisions of this regulation and in line with the [Environmental Crime Directive] to prevent unlawful import, further supply, or export, in particular in cases of hydrofluorocarbons placed on the market in bulk or charged in products and equipment in violation of the quota and authorisation requirements set out in this Regulation.
Amendment 507 #
Proposal for a regulation
Article 23 – paragraph 13 – subparagraph 2 a (new)
Article 23 – paragraph 13 – subparagraph 2 a (new)
Amendment 508 #
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1.By 30 June 2025, the Commission shall submit a report evaluating the potential risks of illegal trade and identifying additional measures to reduce those risks linked to movements of fluorinated greenhouse gases and of products and equipment containing those gases or whose functioning relies upon those gases when placed under temporary storage, or a customs procedure including customs warehousing or free zone procedure or in transit through the customs territory of the Union, including tracing methodologies for gases placed on the market, such as quick response (QR) codes. 2. The Commission is empowered to adopt delegated acts in accordance with Article 32 to supplement this Regulation by establishing additional measures to those set out in this Regulation for the monitoring of fluorinated greenhouse gases and of products and equipment containing those gases or whose functioning relies upon those gases placed under temporary storage, or a customs procedure including customs warehousing or free zone procedure or in transit through the customs territory of the Union, on the basis of an evaluation of the potential risks of illegal trade linked to such movements, including tracing methodologies for gases placed on the market, taking into account the environmental benefits and socio-economic impacts of such measures. Such measures may include a QR-code based system to track and trace fluorinated greenhouse gases and products and equipment containing those gases.
Amendment 512 #
Proposal for a regulation
Article 26 – paragraph 1 – subparagraph 1
Article 26 – paragraph 1 – subparagraph 1
By 31 March [OP: Please insert the year of application of this Regulation], and every year thereafter, each producer, importer and exporter that produced, imported or exported hydrofluorocarbons or quantities exceeding one metric tonne or 100 tonnes of CO2 equivalent of other fluorinated greenhouse gases during the preceding calendar year shall report to the Commission the data specified in Annex IX on each of those substances for that calendar year. This paragraph shall also apply to all undertakings receiving quotas pursuant to Article 21(1).
Amendment 514 #
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
2. By 31 March [OP: Please insert the year of application of this Regulation], and every year thereafter, each undertaking that destroyed hydrofluorocarbons or quantities exceeding one metric tonne or 100 tonnes of CO2 equivalent of other fluorinated greenhouse gases during the preceding calendar year shall report to the Commission the data specified in Annex IX on each of those substances for that calendar year.
Amendment 516 #
Proposal for a regulation
Article 26 – paragraph 3
Article 26 – paragraph 3
3. By 31 March [[OP: Please insert the year of application of this Regulation], each undertaking that used 1 000 tonnes of CO2 equivalent or more of fluorinated greenhouse gases listed in Annex I as feedstock during the preceding calendar year shall report to the Commission the data specified in Annex IX on each of those substances for that calendar year.
Amendment 518 #
Proposal for a regulation
Article 26 – paragraph 4
Article 26 – paragraph 4
4. By 31 March [OP: Please insert the year of application of this Regulation], each undertaking that placed 100 tonnes of CO2 equivalent or more of hydrofluorocarbons, or 500 tonnes of CO2 equivalent or more of other fluorinated greenhouse gases, contained in products or equipment on the market during the preceding calendar year shall report to the Commission the data specified in Annex IX on each of those substances for that calendar year.
Amendment 519 #
Proposal for a regulation
Article 26 – paragraph 6
Article 26 – paragraph 6
6. By 31 March [OP: Please insert the year of application of this Regulation], and every year thereafter, each undertaking that reclaimed quantities exceeding 1 metric tonne or 100 tonnes of CO2 equivalent of fluorinated greenhouse gases shall report to the Commission the data specified in Annex IX on each of those substances for that calendar year.
Amendment 522 #
Proposal for a regulation
Article 26 – paragraph 7
Article 26 – paragraph 7
7. By 30 April [OP: Please insert the year of application of this Regulation], each importer of equipment that placed on the market pre-charged equipment as referred to in Article 19 containing at least 1 000 tonnes of CO2 equivalent hydrofluorocarbons, and where those hydrofluorocarbons have not been placed on the market prior to the charging of the equipment, shall submit to the Commission a verification report issued pursuant to Article 19(3).
Amendment 524 #
Proposal for a regulation
Article 26 – paragraph 8 a (new)
Article 26 – paragraph 8 a (new)
8 a. By 31 March [OP: Please insert the year of application of this Regulation], and every year thereafter, each producer and importer of fluorinated greenhouse gases shall report to the Commission on by-product, inadvertent and coincidental emissions of fluorinated greenhouse gases or controlled substances under the Protocol that result from industrial processes to produce those fluorinated greenhouse gases, including emissions from feedstocks and process agents.
Amendment 526 #
Proposal for a regulation
Article 28 – paragraph 4 a (new)
Article 28 – paragraph 4 a (new)
4 a. The Commission shall ensure transparency and promote compliance by sharing relevant information to the public.This information shall include: (a) quota holders and their allocations under Article 17, licenses of exports and imports under Article 20 and any subsequent transfer and authorisations under Article 21; (b) reporting by undertakings under Article 26;and (c) facility-level, substance-specific data on fluorinated greenhouse gases produced in the Union, including fluorinated greenhouse gases produced for use as feedstock or as by-product and inadvertent emissions. The Commission shall, by means of implementing acts, determine the format and modalities for the reporting of facility-level production data referred to in subparagraph (c). Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 34(2).
Amendment 529 #
Proposal for a regulation
Article 29 a (new)
Article 29 a (new)
Article 29 a Access to justice Member States shall ensure that, in accordance with their national law, members of the public concerned who meet the conditions set out in paragraph 2, including natural or legal persons or their associations, organisations or groups, have access to a review procedure before a court of law, or another independent and impartial body established by law, to challenge the substantive or procedural legality of decisions, acts and omissions that fail to comply with the legal obligations provided for in this Regulation. For the purposes of this paragraph, an act or omission that fails to comply with legal obligations provided for in this Regulation includes an act or omission with respect to a measure adopted for the purposes of implementing those obligations, where that measure fails to make a sufficient contribution to such implementation. 2. Members of the public concerned shall be deemed to meet the conditions referred to in paragraph 1 where: (a) they have sufficient interest; or (b) they maintain impairment of a right, where administrative procedural law of a Member State requires that as a precondition. What constitutes a sufficient interest shall be determined by Member States consistently with the objective of giving the members of the public concerned wide access to justice and in conformity with the Aarhus Convention. To that end, the interest of any non-governmental organisation promoting environmental protection and meeting any requirements under national law shall be deemed to have sufficient interest for the purposes of this paragraph. 3. Paragraphs 1 and 2 shall not exclude the possibility of being able to have recourse to a preliminary review procedure before an administrative authority and shall not affect the requirement to exhaust administrative review procedures prior to having recourse to judicial review procedures, where such a requirement exists under national law. Any such procedure shall be fair, equitable, timely and not prohibitively expensive.
Amendment 531 #
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
1. Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The minimum and maximum penalties provided for shall be effective, proportionate and dissuasive in line with the [Environment Crime Directive] including the polluter pays principle. Member States shall, by 1 January [OP: please insert the year = 1 year following the date of entry into force of this Regulation] notify the Commission of those rules and of those measures and shall notify it, without delay, of any subsequent amendment affecting them.
Amendment 534 #
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 envisageset out minimum administrative fines of at least three times the market value of the concerned gases or products and equipment concerned and maximum administrative fines of at least fivesix 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 maxinimum administrative fines of at least eightseven times the value of the gases or products and equipment concerned and with full respect of the polluter pays principle.
Amendment 547 #
Proposal for a regulation
Article 35 – paragraph 1 a (new)
Article 35 – paragraph 1 a (new)
The Commission shall continuously monitor technological and market developments in relation to the use of fluorinated greenhouse gases and their natural alternatives in the Union. Where the Commission finds evidence of the emergence or acceleration of the use of low GWP fluorinated greenhouse gases or of natural alternatives in products and equipment placed on the Union market, it shall, where appropriate, propose to amend this Regulation by strengthening the prohibitions on the placing on the market of high GWP fluorinated greenhouse gases in the products or equipment concerned.
Amendment 549 #
Proposal for a regulation
Article 35 – paragraph 1 b (new)
Article 35 – paragraph 1 b (new)
The Commission is empowered to adopt delegated acts in accordance with Article 32 to amend Annexes I, II and III by moving fluorinated greenhouse gases from Annex III to Annexes I or II or by introducing fluorinated greenhouse gases in Annexes I or II, where it has evidence of the placing on the market of fluorinated greenhouse gases listed in Annex III or of fluorinated greenhouse gases not listed in Annexes I, II or III to this Regulation.
Amendment 580 #
Proposal for a regulation
Annex I – section 3
Annex I – section 3
Section 3: Other (per)fluorinated compounds and fluorinated ketones sulphur hexafluoride SF6 25 200 25 200 18 300 1,1,1,3,4,4,4-Heptafluoro- 3-(trifluoromethyl)butan-2- CF3C(O)CF(CF3)2 0,29(1) (*) one Heptafluoroisobutyronitrile (2,3,3,3-tetrafluoro-2- Iso-C3F7CN 2 750 4 580 (trifluoromethyl)- propanenitrile) __________________ 1 Ren et al. (2019). Atmospheric Fate and Impact of Perfluorinated Butanone and Pentanone. Environ. Sci. Technol. 2019, 53, 15, 8862–8871
Amendment 597 #
Proposal for a regulation
Annex IV – point 10 a (new)
Annex IV – point 10 a (new)
(10a) Domestic refrigerators and freezers that contain fluorinated 1 January greenhouse gases 2025
Amendment 599 #
Proposal for a regulation
Annex IV – point 11
Annex IV – point 11
1 January -that contain HFCs with GWP of 2 500 or more. (11) Refrigerators and 2020 freezers for commercial use 1 January (self-contained -that contain HFCs with GWP of 150 or more. 2022 equipment) 1 January -that contain other fluorinated greenhouse gases with 1 January. GWP of 150 or more. 2024
Amendment 605 #
Proposal for a regulation
Annex IV – point 12
Annex IV – point 12
(12) Any self-contained refrigeration equipment that contains fluorinated 1 January greenhouse gases with GWP of 150 or more.. 2025
Amendment 613 #
Proposal for a regulation
Annex IV – point 14
Annex IV – point 14
(14) Stationary refrigeration equipment, that contains, or whose functioning 1 January relies upon, fluorinated greenhouse gases with GWP of 2 500 or more 1 January except equipment intended for application designed to cool products 2024 to temperatures below – 50 °C. . 2024
Amendment 622 #
Proposal for a regulation
Annex IV – point 17
Annex IV – point 17
(17) Plug-in room and other self-contained air-conditioning and heat pump 1 January equipment that contain fluorinated greenhouse gases with GWP of 150 or 1 January more. . 2025
Amendment 633 #
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 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 rated capacity of up to and including 12 kW containing, or whose functioning relies upon, fluorinated greenhouse gases with GWP of 150 or more, except when required to meet safety standards; 1 J, except when required to meet safety standards; (c) Split systems of a rated capacity of more than 12 kW and up to 200 kW containing, or whose functioning relies upon, fluorinated 1 January greenhouse gases with GWP of 750 or more, except when 2027 required to meet safety stanudaryds. (ca) Split systems of a rated capacity of more than 1200 kW containing, 2027 containing, or whose functioning relies upon, fluorinated greenhouse gases with GWP of 750 or more, except when required to meet safety standardgreenhouse gases.
Amendment 643 #
Proposal for a regulation
Annex IV – point 19 a (new)
Annex IV – point 19 a (new)
Amendment 645 #
Proposal for a regulation
Annex IV – point 20 a (new)
Annex IV – point 20 a (new)
Amendment 647 #
Proposal for a regulation
Annex IV – point 23
Annex IV – point 23
Amendment 657 #
Proposal for a regulation
Annex IV – point 23 b (new)
Annex IV – point 23 b (new)
(23b) Mobile air conditioning in passenger and cargo ships, buses, trams, 1 January metros and trains that contains, or whose functioning relies upon, 2027 fluorinated greenhouse gases.
Amendment 658 #
Proposal for a regulation
Annex IV – point 23 c (new)
Annex IV – point 23 c (new)
(23c) Mini chillers that contain, or whose functioning relies upon, 1 January fluorinated greenhouse gases. 2027
Amendment 659 #
Proposal for a regulation
Annex IV – point 23 d (new)
Annex IV – point 23 d (new)
(23d) Displacement and centrifugal chillers that contain, or whose 1 January functioning relies upon, fluorinated greenhouse gases. 2027
Amendment 673 #
Proposal for a regulation
Annex VII – point 1
Annex VII – point 1
Years Maximum Quantity in tonnes CO2 equivalent 2024 – 2026 41 701 077 039 167 2027 – 2029 17 688 360 15 963 275 2030 – 2032 6 9 132 097 16 849 2033 – 2035 8 445 713 5 794 785 2036 – 2038 6 782 265 5 467 823 2039 – 2041 6 136 732 5 006 355 2042 – 2044 4 5 491 199 44 888 2045 – 2047 4 845 666 4 083 420 2048 - 2049 3 621 953 204850 - onwards 4 200 133 0
Amendment 674 #
Proposal for a regulation
Annex VII – point 1
Annex VII – point 1
Years Maximum Quantity Price of quotas for each tonne of CO2 equivalent in tonnes CO2 equivalent (EUR) 2024 – 2026 41 701 077 9 2027 – 2029 17 688 360 18 2030 – 2032 9 132 097 35 2033 – 2035 8 445 713 48 2036 – 2038 6 782 265 62 2039 – 2041 6 136 732 68 2042 – 2044 5 491 199 75 2045 – 2047 4 845 666 85 2048 - onwards 4 200 133 96