26 Amendments of Cristian-Silviu BUŞOI related to 2022/0099(COD)
Amendment 29 #
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 RePowerEUPlan envisions an additional 20 million new heat pumps to be installed in the Union by 2026 and nearly 60 million by 2030.
Amendment 85 #
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1
Article 5 – paragraph 1 – subparagraph 1
Operators of equipment that contains 5 tonnes of CO2 equivalent or more of fluorinated greenhouse gases listed in Annex I or 16 kilogram or more of fluorinated greenhouse gases listed in Annex II, Section I, not contained in foams, shall ensure that the equipment is checked for leaks.
Amendment 86 #
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 2
Article 5 – paragraph 1 – subparagraph 2
Hermetically sealed equipment that contains less than 10 tonnes of CO2 equivalent of fluorinated greenhouse gases listed in Annex I or 12 kilograms of fluorinated greenhouse gases listed in Annex II, Section I, shall not be checked for leaks, provided the equipment is labelled as hermetically sealed and its connected parts have a tested leakage rate of less than 3 grams per year under a pressure of at least a quarter of the maximum allowable pressure.
Amendment 122 #
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 183 #
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. ThatAt least 50% of that revenue shall be assigned to enforcement(activities, equipment, training programmes, and resources) in Member States. The remaining revenue shall be assigned to the LIFE programme and to Heading 7 of the multiannual financial framework (European Public Administration), to cover the costs of external staff working on the management of the quota allocation, IT services, and licensing systems for the purpose of implementation of this Regulation and for ensuring compliance with the Protocol. Any revenue remaining after covering these costs shall be entered into the general budget of the Union.
Amendment 187 #
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 223 #
Proposal for a regulation
Article 31 – paragraph 5 – subparagraph 1
Article 31 – paragraph 5 – subparagraph 1
In cases of unlawful production, import, export, placing on the market, or use of fluorinated greenhouse gases or of products and equipment containing those gases or whose functioning relies on those gases, Member States shall envisage minimum administrative fines of at least 2.5 times the downstream value-chain market value of the concerned gases or products and equipment concerned and maximum administrative fines of at least five times the downstream value-chain market value of the concerned gases or products and equipment concerned. In case of a repeated infringement within a five- year period, the Member States shall envisage minimum administrative fines of at least 5 times the downstream value-chain market value of the concerned gases or products and equipment concerned and maximum administrative fines of at least eight times the downstream value-chain market value of the gases or products and equipment concerned.
Amendment 233 #
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 256 #
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 261 #
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 307 #
Proposal for a regulation
Annex VII – point 1 a (new)
Annex VII – point 1 a (new)
Amendment 315 #
Proposal for a regulation
Annex VIII – point 1 – paragraph 1
Annex VIII – point 1 – paragraph 1
Determination of the quantity to be allocated where relevant to undertakings for which reference values have been established under Article 17(1) with reference values referred to in Annex VII, point 4(ii).
Amendment 316 #
Proposal for a regulation
Annex VIII – point 1 – paragraph 2 – indent 1
Annex VIII – point 1 – paragraph 2 – indent 1
– a quota corresponding to 89 % of 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 base value of 176 700 479 tonnes CO2 equivalent76 maximum quantity for the year 2024. _________________ 76 This number is the maximum quantity established for 2015 at the beginning of the phase-down, taking into account BREXIT.
Amendment 319 #
Proposal for a regulation
Annex VIII – point 2 – paragraph 1
Annex VIII – point 2 – paragraph 1
Determination of the quota to be allocated to undertakings that have submitted a declaration pursuant to Article 17(3). Each undertaking that has submitted a declaration receives quota, which is calculated as follows:
Amendment 320 #
Proposal for a regulation
Annex VIII – point 2 – paragraph 2
Annex VIII – point 2 – paragraph 2
The total sum of the quotas allocated under point 1 is subtracted from the maximum quantity for the given year set out in Annex VII to determine the reserve amount to be allocated to undertakings, which have submitted a declaration under Article 17(3). The total sum of quotas corresponding to 5% of the maximum quantity for the given year set out in annex VII (1) to determine the reserve amount to be allocated to undertakings, which have submitted a declaration under Article 17(3).
Amendment 321 #
Proposal for a regulation
Annex VIII – point 3 a (new)
Annex VIII – point 3 a (new)
(3a) Determination of the quantity to be allocated to undertakings for which reference values have been established under Article17(1) excluding reference values referred to in Annex VII, point 4(ii). Each undertaking for which reference values have been established receives quota, which is calculated as follows: The total sum of the quotas allocated under point 1 and 2 is subtracted from the maximum quantity for the given year set out in Annex VII to determine the quota amount to be allocated to undertakings for which reference values have been established under Article 17(1) excluding reference values referred to in Annex VII, point 4(ii). Each undertaking receives an allocation corresponding to a pro-rata share of the quota amount. The pro-rata share is calculated by dividing the undertaking’s reference value referred to in Annex VII, point 4(i), by the aggregated reference value of all importers and producers referred to in Annex VII, point 4(i) and multiplying by the quota amount. In cases where after allocating the full amount of quotas, the maximum quantity is exceeded, all quotas will be reduced proportionally.
Amendment 477 #
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. ThatAt least 50% of that revenue shall be assigned to enforcement (activities, equipment, training programmes, and resources) in Member States. The remaining revenue shall be assigned to the LIFE programme and to Heading 7 of the multiannual financial framework (European Public Administration), to cover the costs of external staff working on the management of the quota allocation, IT services, and licensing systems for the purpose of implementation of this Regulation and for ensuring compliance with the Protocol. Any revenue remaining after covering these costs shall be entered into the general budget of the Union.
Amendment 482 #
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 533 #
In cases of unlawful production, import, export, placing on the market, or use of fluorinated greenhouse gases or of products and equipment containing those gases or whose functioning relies on those gases, Member States shall envisage minimum administrative fines of at least 2,5 times the downstream value-chain market value of the concerned gases or products and equipment concerned and maximum administrative fines of at least five times the downstream value-chain market value of the concerned gases or products and equipment concerned. In case of a repeated infringement within a five- year period, the Member States shall envisage minimum administrative fines of at least 5 times the downstream value-chain market value of the concerned gases or products and equipment concerned and maximum administrative fines of at least eight times the downstream value-chain market value of the gases or products and equipment concerned.
Amendment 553 #
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 567 #
Proposal for a regulation
Annex VIII – point 1 – paragraph 1
Annex VIII – point 1 – paragraph 1
Determination of the quantity to be allocated where relevant to undertakings for which reference values have been established under Article 17(1) with reference values referred to in Annex VII, point 4(ii).
Amendment 568 #
Proposal for a regulation
Annex VIII – point 1 – paragraph 2 – indent 1
Annex VIII – point 1 – paragraph 2 – indent 1
– a quota corresponding to 89 % of 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 base value of 176 700 479 tonnes CO2 equivalent76 . _________________ 76 This number is the maximum quantity established for 2015 at the beginning of the phase-down, taking into account BREXITmaximum quantity for the year 2024.
Amendment 569 #
Proposal for a regulation
Annex VIII – point 1 – paragraph 2 – indent 2
Annex VIII – point 1 – paragraph 2 – indent 2
Amendment 574 #
Proposal for a regulation
Annex VIII – point 1 – paragraph 3
Annex VIII – point 1 – paragraph 3
Amendment 578 #
Proposal for a regulation
Annex VIII – point 2 – paragraph 1 a (new)
Annex VIII – point 2 – paragraph 1 a (new)
Each undertaking that has submitted a declaration receives quota, which is calculated as follows: The total sum of quotas corresponding to 5% of the maximum quantity for the given year set out in annex VII (1) to determine the reserve amount to be allocated to undertakings, which have submitted a declaration under Article 17(3).
Amendment 579 #
Proposal for a regulation
Annex VIII – point 2 – paragraph 4 a (new)
Annex VIII – point 2 – paragraph 4 a (new)
Determination of the quantity to be allocated to undertakings for which reference values have been established under Article 17(1) excluding reference values referred to in Annex VII, point 4(ii). Each undertaking for which reference values have been established receives quota, which is calculated as follows: The total sum of the quotas allocated under point 1 and 2 is subtracted from the maximum quantity for the given year set out in Annex VII to determine the quota amount to be allocated to undertakings for which reference values have been established under Article 17(1) excluding reference values referred to in Annex VII, point 4(ii). Each undertaking receives an allocation corresponding to a pro-rata share of the quota amount. The pro-rata share is calculated by dividing the undertaking’s reference value referred to in Annex VII, point 4(i), by the aggregated reference value of all importers and producers referred to in Annex VII, point 4(i) and multiplying by the quota amount. In cases where after allocating the full amount of quotas, the maximum quantity is exceeded, all quotas will be reduced proportionally.