Changes from plenary report to adopted text

Recital 39: (39) The Commission should establish a so-called Consultation Forum to facilitate the implementation of this Regulation. The Consultation Forum should ensure a balanced participation of Member States’ representatives and of all relevant stakeholders including representatives of environmental organisations, patient associations and healthcare professionals' organisations, representatives of manufacturers, operators and certified persons. The Consultation Forum should cooperate with the relevant EU Agencies, particularly the EMA.

Recital 40: (40) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission as regards evidence to be provided on the destruction or recovery of trifluoromethane by-production during the manufacturing of other fluorinated substances; requirements for leak checks; the format of the records, their establishment and maintenance; minimum requirements for certification programmes and training attestations; the format of the notification of certification and training programmes; exemptions for products and equipment falling under a placing on the market prohibition; the format of labels; the determination of production rights for producers of HFCs; the determination of details of the declaration of conformity for refillable containers for fluorinated greenhouse gases, including evidence confirming that arrangements are in place for the return of that container for the purpose of refilling; exemptions from the quota requirement for HFCs for use in specific applications, or specific categories of products or equipment; the determination of reference values for producers and importers for the placing on the market of HFCs; the modalities and detailed arrangements for the payment of the amount due; the detailed arrangements for the declaration of conformity for pre-charged equipment and their verification as well as for the accreditation of verifiers; the smooth functioning of the registry; the authorisation of trade w…

Recital 41: (41) In order to amend certain non-essential elements of this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union (‘TFEU’) should be delegated to the Commission in respect of establish a list of products and equipment for which the recovery of gases or their destruction is technically and economically feasible and the specification of the technologies to be applied; setting out minimum requirements for producer responsibility schemes for the recovery, recycling, reclamation or destruction of certain fluorinated greenhouse gases, including on collection, reclamation, recycling, disposal facilities, equipment provision to certified technicians, reporting and awareness raising; labelling requirements; the exclusion from quota requirements of HFCs in accordance with decisions of the Parties to the Protocol; excluding from the quota system the placing on the market of hydrofluorocarbons semiconductor materials or vapour deposition chambers within the semiconductor sector, where, in certain cases, there are shortages or disruptions of supply to the Union’s market of semiconductor materials or of vapour deposition chambers; increasing, in certain cases, the quotas for placing on the Union market hydrofluorocarbons to be used in heat pumps until the year 2029; the amounts due for the allocation of quota and the mechanism to allocate remaining quotas; additional measures for the monitoring of substances and of produ…

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.

Article 2 – paragraph 2: 2. This Regulation also applies to products and equipment, containing fluorinated greenhouse gases or whose functioning relies partly or entirely on those gases.

Article 3 – paragraph 1 – point 5: (5) ‘operator‘ means the undertaking exercising actual power over the technical functioning of products and equipment covered by this Regulation or the entity where designated by a Member State as being responsible for the operator’s obligations in specific cases;

Article 3 – paragraph 1 – point 6: (6) ‘placing on the market’ means the supplying or making available to another person within the Union, for the first time, for payment or free of charge, the customs release for free circulation in the Union, and the use of substances produced or the utilisation of products or equipment manufactured for own utilisation;

Article 3 – paragraph 1 – point 27: (27) ‘feedstock’ means any fluorinated greenhouse gas listed in Annexes I and II, that undergoes chemical transformation in a process in which it is entirely converted from its original composition;

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; / (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.

Article 4 – paragraph 5 – subparagraph 3: The Commission shall, 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).

Article 4 – paragraph 6 a (new): 6a. Without prejudice to paragraphs (1) to (6), operators shall ensure that sulfuryl fluoride is captured and recovered after fumigation. 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 that facility, and proof of the measures adopted to recover emissions of sulfuryl fluoride. The effectiveness of the system shall be independently scientifically verified. / Where recovery is not technically or economically feasible, operators shall use alternative treatment options, unless such alternative treatment options are not available. In such a case, the operator shall draw up documentation providing evidence of the impossibility of the recovery of sulfuryl fluoride and the absence of alternative treatment options. / The operator shall retain the declaration of conformity and the documentation for five years and shall make them available, on request, to the competent authorities of a Member State and to the Commission.

Article 5 – paragraph 1 – subparagraph 1: Manufacturers and operators of equipment that contains 5 tonnes of CO2 equivalent or more of fluorinated greenhouse gases listed in Annex I or 1 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, including during their manufacturing.

Article 5 – paragraph 1 – subparagraph 2: Hermetically sealed residential equipment that contains less than 10 tonnes of CO2 equivalent of fluorinated greenhouse gases listed in Annex I or 2 kilograms of fluorinated greenhouse gases listed in Annex II, Section I, shall not be checked for leaks, provided the equipment is labelled as hermetically sealed and its connected parts have a tested leakage rate of less than 3 grams per year under a pressure of at least a quarter of the maximum allowable pressure.

Article 5 – paragraph 1 – subparagraph 3 – point c: deleted

Article 5 – paragraph 2 – subparagraph 1 – point e: (e) refrigeration units of refrigerated trucks and trailers, vans and ships;

Article 5 – paragraph 2 – subparagraph 1 – point e a (new): (ea) 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 of the European Parliament and of the Council* ; / *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).

Article 6 – paragraph 2: 2. Operators of the equipment listed in Article 5(2), points (f) and (g), and containing fluorinated greenhouse gases listed in Annex I in quantities of 500 tonnes of CO2 equivalent or more and installed from 1 January 2017, shall ensure that equipment is provided with a leakage detection system which alerts the operator or a service company of any leakage. For the purposes of Article 5(2), point (g), the leakage detection system shall have a higher sensitivity than a pressure- or density-monitoring device.

Article 7 – paragraph 1 – point b: (b) the quantities of gases added during installation, maintenance or servicing or due to leakage, including the exact timing of such addition;

Article 7 – paragraph 1 – point c: (c) whether the recovered gases have been recycled or reclaimed, and in which quantity, including the name and address in the Union of the recycling or reclamation facility and, where applicable, the certificate number;

Article 8 – paragraph 1 – subparagraph 1: Operators of stationary equipment or of refrigeration units of refrigerated vans, trucks, 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.

Article 8 – paragraph 1 – subparagraph 2 – point b: (b) the cooling circuits of refrigeration units of refrigerated vans, trucks, trailers and ships;

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, 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.

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.

Article 9 – title: Extented producer responsibility schemes

Article 9 – paragraph 1: Without prejudice to existing Union legislation, Member States shall require that by 31 December 2027 extended producer responsibility schemes are established for the recovery, recycling, reclamation or destruction of fluorinated greenhouse gases listed in Annexes I and II, taking into account already applicable producer responsibility schemes.

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.

Article 9 – paragraph 1 b (new): Member States shall ensure that producers and importers of the 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: / *Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3).

Article 9 – paragraph 1 b – point a (new): (a) the costs of collection, including the provision of accessible collection points, storage and transport;

Article 9 – paragraph 2: deleted

Article 10 – paragraph 1 – introductory part: 1. Member States shall, on the basis of the minimum requirements referred to in paragraph 5, establish or adapt certification programmes, including evaluation processes, and ensure that training on practical skills and theoretical knowledge is available for natural persons carrying out the following tasks involving fluorinated greenhouse gases listed in Annex I and Annex II and other relevant alternatives to fluorinated greenhouse gases:

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 other relevant alternatives to fluorinated greenhouse gases, 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.

Article 10 – paragraph 3 – introductory part: 3. The certification programmes and training provided for in paragraphs 1 and 2 shall cover at least the following,

Article 10 – paragraph 6 a (new): 6a. The Member States shall establish or adapt certification schemes and training programmes pursuant to paragraphs 1, 2, 3 and 6 within six months from the entry into force of this Regulation, where relevant.

Article 10 – paragraph 7: 7. Existing training attestations issued in accordance with Regulation (EU) No 517/2014 shall remain valid, in accordance with the conditions under which they were originally issued. The validity of existing certificates may be subject to additional requirements to reflect the extension of the certification scheme to other relevant alternatives to fluorinated greenhouse gases.

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. Where certification and training for the relevant alternatives fall below a minimum threshold, Member States shall accompany the notification with a plan, compiled in consultation with the relevant stakeholders, including social partners, setting out actions to increase certification and training on the relevant alternatives as from the following calendar year.

Article 10 – paragraph 9: 9. The Commission shall, by means of implementing acts, determine the minimum threshold for actions to increase certification and training on relevant alternatives and the format of the notification referred to in paragraph 8. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 34(2).

Article 10 – paragraph 10: 10. An undertaking may assign a task referred to in paragraph 1 to another undertaking only after verification that the latter holds the necessary certificates for the required tasks referred to in paragraph 1.

Article 11 – paragraph 1 – subparagraph 3: Six months following the individual dates listed in Annex IV, the subsequent supply or making available to another party in the Union for payment or free of charge of products or equipment lawfully placed on the market prior to the date referred to in the first subparagraph shall be allowed only if evidence is provided that the product or equipment was placed lawfully on the market prior to the date.

Article 11 – paragraph 3 – subparagraph 1: 3. In addition to the placing on the market prohibition set out in Annex IV, point 1, 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 non-refillable containers for fluorinated greenhouse gases, empty or fully or partially filled shall be prohibited. Such containers may only be stored or transported for subsequent disposal. This prohibition does not apply to containers for laboratory or analytical uses.

Article 11 – paragraph 3 a (new): 3a. Undertakings which place on the market refillable containers for fluorinated greenhouse gases shall produce a declaration of conformity that includes evidence confirming the arrangements in place for the return of that container for the purpose of refilling. Those arrangements shall contain binding obligations for the supplier of the containers to the end-user to comply with the arrangements. / The undertakings referred to in the first subparagraph shall keep the declaration of conformity for a period of at least five years after the placing on the market of refillable containers and shall make it available, on request, to the competent authorities of Member States and the Commission. Suppliers of the containers to end-users shall keep evidence of the compliance with these arrangements for a period of at least five years after supply to the end-user and shall make it available, on request, to the competent authorities of Member States and the Commission. / The Commission may, by means of implementing acts, supplement this Regulation by determining the details of the declaration of conformity. Such implementing acts shall be adopted in accordance with Article 34(2).

Article 11 – paragraph 4 – subparagraph 1 – introductory part: Without prejudice to the derogation for spare parts referred to in subparagraph 1a, following a substantiated request by a competent authority of a Member State and taking into account the objectives of this Regulation, the Commission may, exceptionally, by means of implementing acts, authorise an exemption for up to four years to allow the placing on the market of products and equipment listed in Annex IV, containing fluorinated greenhouse gases or whose functioning relies upon those gases, where it is demonstrated that:

Article 11 a (new): Article 11a / Restriction on the export of certain products and equipment containing fluorinated greenhouse gases / The export 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.

Article 12 – paragraph 2: 2. Products or equipment subject to an exemption as referred to in Article 11 (4) shall be labelled accordingly, specifying 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.

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 a 20-year timescale.

Article 12 – paragraph 3 – subparagraph 2 a (new): Where relevant, retrofitted products or equipment containing fluorinated greenhouse gases shall be relabelled with updated information as referred to in this paragraph.

Article 12 – paragraph 5 a (new): 5a. Where relevant, refilled containers of fluorinated greenhouse gases shall be relabelled with updated information as referred to in the first subparagraph of paragraph 3.

Article 12 – paragraph 10: deleted

Article 12 – paragraph 13 – subparagraph 1: In case of hydrofluorocarbons, the label referred to in paragraphs 7 to 9 and 11 shall include the indication “exempted from quota under Regulation (EU) No …/… [OP: Please add reference to this Regulation]”.

Article 12 – paragraph 13 – subparagraph 2: In the absence of the labelling requirements referred to in the first subparagraph and in paragraphs 7 to 9 and 11, the hydrofluorocarbons shall be subject to the quota requirements pursuant to Article 16(1).

Article 13 – paragraph 3 – subparagraph 2: This paragraph shall not apply to military equipment or equipment intended for applications designed to cool medicinal products to temperatures below - 50 °C or equipment intended for applications designed to cool nuclear power stations.

Article 13 – paragraph 3 – subparagraph 3 – point a: (a) reclaimed fluorinated greenhouse gases listed in Annex I with a global warming potential of 150 or more used for the maintenance or servicing of existing stationary refrigeration equipment, with the exclusion of chillers, provided that they have been labelled in accordance with Article 12(6);

Article 13 – paragraph 3 – subparagraph 3 – point a a (new): (aa) 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 air conditioning and heat pump equipment, mobile refrigeration and chillers, provided that they have been labelled in accordance with Article 12(6);

Article 13 – paragraph 3 – subparagraph 3 – point b: (b) recycled fluorinated greenhouse gases listed in Annex I with a global warming potential of 150 or more used for the maintenance or servicing of existing stationary refrigeration equipment with the exclusion of chillers 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;