Changes from report parliamentary committee draft to plenary report

RemovedArticle 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 falls below a minimum threshold, for each year below that threshold, Member States shall accompany the notification with a plan setting out actions to increase certification and training on the relevant alternatives as from the following calendar year.

AddedArticle 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.

RemovedArticle 10 – paragraph 9: 9. The Commission shall, by means of implementing acts, determine the minimum threshold 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).

AddedArticle 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.

RemovedArticle 11 – paragraph 1 – subparagraph 3: 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.

AddedArticle 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).

RemovedThere is no reason why operators should be allowed to sell banned equipment during two years after the entry into force of the ban.

AddedArticle 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.

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ChangedArticle 11 – paragraph 31 – subparagraph 21 a (new): Undertakings which place on the market refillable containers for fluorinated greenhouse gases listed in Annexes I and II shall produce aBy declarationway of conformityderogation thatfrom includesthe evidencefirst confirmingsubparagraph, the arrangementsplacing inon placethe formarket theof returnparts of thatequipment containerrequired for therepairs purposeand ofservicing refilling.of /existing Theyequipment shall keep the declaration ofbe conformityallowed for a period of atup leastto five10 years after the placingdates onof the marketplacing ofon refillablethe containersmarket andprohibitions shallset makeout itin available,Annex onIV, request,provided tothat the competent authorities ofrepair Memberor Statesservicing anddoes thenot Commission.result /in Thean Commissionincrease may,in bythe meanscapacity of implementing acts, supplement this Regulationthe byequipment determiningor thean detailsincrease ofin the declarationamount of conformity.fluorinated Suchgases implementingcontained actsin shallthe beequipment adoptedor in accordancethe withfluorinated Articlegases 34(2).used.

Change 22

RemovedNeeded to prevent that containers are not refilled and are instead discarded, with the residual amount of refrigerants being released into the atmosphere when the containers are emptied.

AddedArticle 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.

RemovedArticle 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.

AddedArticle 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.

Removedexemptions are granted for a 4-year period maximum.

AddedArticle 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).

RemovedArticle 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.

AddedArticle 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:

RemovedMany HFCs have a far greater GWP on the short term than on the long term. Displaying the 20-year GWP on labels next to the 100-year GWP will contribute to increasing awareness about the short term high global warming impact of some gases.

AddedArticle 11 – paragraph 6 a (new): 6a. Undertakings shall only be allowed to place on the market and sell bulk fluorinated greenhouse gases where: / (a) the undertakings either hold a certificate or training attestation required under Article 10 or employ persons holding such a certificate or a training attestation and / (b) the undertakings are established in the Union or have mandated an only representative established in the Union who assumes full responsibility of complying with this Regulation,. / The only representative may be the representative mandated pursuant to Article 8 of Regulation (EC) No 1907/2006 of the European Parliament and of the Council.

Change 23

ChangedArticle 1211 –a paragraph(new): 3Article –11a subparagraph/ 2Restriction aon (new):the Whereexport relevant,of retrofittedcertain products orand 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 relabelledprohibited withfrom updatedthe informationdate referredspecified in that Annex, differentiating, where applicable, according to inthe thistype paragraph.or global warming potential of the gas contained.

Change 24

Removedneeded in case the f-gases or their blends change when the equipment is retrofitted.

AddedArticle 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.

RemovedArticle 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.

AddedArticle 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.

Removedcontainers may be refilled with different f-gases from before.

AddedArticle 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.

RemovedArticle 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, air conditioning and heat pump equipment is prohibited.

AddedArticle 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.

Change 25

ChangedArticle 1312 – paragraph 3 – subparagraph 2:10: deleted

Change 26

RemovedThis exemption is not well justified in the impact assessment, and it provides a disincentive for these sectors to use of lower-GWP HFCs and non-fluorinated alternatives.

AddedArticle 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]”.

Change 27

ChangedArticle 1312 – paragraph 313 – subparagraph 32: –In introductorythe part:absence Theof prohibitionthe labelling requirements referred to in the first subparagraph shalland notin applyparagraphs 7 to 9 and 11, the followinghydrofluorocarbons categoriesshall ofbe fluorinatedsubject greenhouseto gasesthe untilquota 1requirements Januarypursuant 2027:to Article 16(1).

Change 28

RemovedAllowing reclaimed and recycled f-gases to be used for a long period of time perpetuates the demand for these greenhouse gases and hampers the accelerated use natural alternatives.

AddedArticle 13 – paragraph 3 – subparagraph 1: From 1 January 2024 the following uses shall be prohibited: / (a) the servicing or maintenance of stationary refrigeration equipment, with the exclusion of chillers, by fluorinated greenhouse gases listed in Annex I, with a global warming potential of 150 or more; / (b) the servicing or maintenance of air conditioning and heat pump equipment, mobile refrigeration equipment and chillers by fluorinated greenhouse gases listed in Annex I, with a global warming potential of 2 500 or more.

RemovedArticle 13 – paragraph 4 a (new): 4a. From 1 January 2030, the use of sulfuryl fluoride for post-harvest fumigation and treatment of wood and wooden products against pest infestation is prohibited, except where such use shall be strictly required for a phytosanitary certificate and no other treatment can be used.

AddedArticle 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.

RemovedSF2O2 emissions are growing globally and expected to increase significantly in the future. Despite the high GWP and increasing use of this gas, emissions of sulfuryl fluoride have not been regulated or monitored. There are however scalable alternatives to wood treatment against pest infestation such as irradiation, temperature treatments, debarking, drying with vacuum dryers, hot water steam vacuum process and hydrogen phosphide.

AddedArticle 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);

RemovedChapter IV – title: PRODUCTION SCHEDULE, REDUCTION OF THE QUANTITY OF HYDROFLUOROCARBONS PLACED ON THE MARKET AND RESTRICTION ON EXPORT OF HYDROFLUOROCARBONS

AddedArticle 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);

RemovedArticle 16 – paragraph 2 – point d: deleted

AddedArticle 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;

RemovedThis exemption is not an enumerated exemption under the Montreal Protocol, it is not well justified in the impact assessment, and it discourages the development of natural alternatives.

AddedArticle 13 – paragraph 3 – subparagraph 3 – point b a (new): (ba) 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 air conditioning and heat pump equipment, mobile refrigeration and 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 by the undertaking for which the recovery was carried out as part of maintenance or servicing.

AddedArticle 13 – paragraph 4: 4. The use of desflurane as inhalation anaesthetic is prohibited as from 1 January 2026 and shall only be permitted when such use is strictly required and no other anaesthetic can be used on medical grounds. The healthcare institution shall keep evidence on the medical justification, and provide it, upon request, to the competent authority of the Member State and the Commission.

AddedArticle 13 – paragraph 4 a (new): 4a. From 1 January 2030, the use of sulfuryl fluoride for post-harvest fumigation and treatment of wood and wooden products against pest infestation is prohibited, except where such use is strictly required for a phytosanitary certificate and no other treatment can be used.

Article 16 – paragraph 2 – point e: deleted

Change 29

RemovedThis exemption is not an enumerated exemption under the Montreal Protocol, it is not well justified in the impact assessment, and it discourages the development of natural alternatives.

AddedArticle 16 – paragraph 3 – subparagraph 1 a (new): The Commission shall continuously monitor the Union’s semiconductor supply market. The Commission is empowered to adopt delegated acts in accordance with Article 32 to amend paragraph 2 of this Article and exclude from the quota system laid down in paragraph 1 of this Article semiconductor materials or vapour deposition chambers within the semiconductor sector, where it identifies that, as a consequence of the inclusion of the semiconductor sector in the hydrofluorocarbon quota system, there are shortages or disruptions of supply to the Union’s market of semiconductor materials or of vapour deposition chambers.

RemovedArticle 16 a (new): Article 16a / 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.

AddedArticle 16 – paragraph 4 – subparagraph 1 – introductory part: Following a substantiated request by a competent authority of a Member State or an EU Agency 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:

RemovedThe EU as a global leader in climate change mitigation should not allow the export at least of the most climate harmful f-gases to third countries, also considering that such countries may not have the same stringent containment standards and infrastructure as the EU has.

AddedArticle 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

Change 30

ChangedArticle 17 – paragraph 5 – subparagraph 1: The allocation of quotas is subject to the payment of the amount specifieddue which equals to five euro for each tonne of CO2 equivalent of quota to be allocated in the period 2024-2026 and shall increase every three years thereafter so as to ensure a constant revenue, in light of the quota phase-down set out in 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).

Change 31

Removedthe rapporteur suggests to have a step-wise increase of the quota price, guaranteeing stable revenues that can be used for the administration of the Regulation, better enforcement, and support to the roll-out of alternative technologies.

AddedArticle 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, including on public health and the users of MDIs.

RemovedArticle 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), 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, to support Member States' enforcement of this Regulation, including that related to sale via the internet and the seizure and destruction of illegal fluorinated greenhouse gases, to support the roll-out of alternatives to fluorinated greenhouse gas, particularly in the sectors incurring high mitigation costs, to enhance the related professional skills, and to ensure compliance with the Protocol. Any revenue remaining after covering these costs shall be entered into the general budget of the Union.

AddedArticle 17 – paragraph 6 a (new): 6a. By ... [one year following the entry into force of this Regulation] and every year thereafter, the Commission shall assess, in consultation with relevant stakeholders, the impact of the HFC quota phase-down on the Union’s heat pump market, and shall submit a report to the European Parliament and the Council. / The Commission shall adopt delegated acts in accordance with Article 32 to amend Annex VII and allow a limited amount of additional quotas for placing on the Union market HFCs to be used in heat pumps until the year 2029, where the assessment referred to in the first subparagraph concludes that the HFC quota phase-down set out in Annex VII creates disruptions in the Union’s heat pump market to an extent which would endanger the attainment of the RePowerEU heat pump deployment targets. / In the report referred to in the first subparagraph the Commission shall provide a justification for its decision to adopt or not to adopt the delegated acts referred to in the second subparagraph. / Where the Commission adopts a delegated acts as referred to in the second subparagraph, the additional quotas shall be distributed to producers and importers, following their requests, submitted to the F-gas Portal, accompanied by evidence, in the form of sales contracts, that the quotas are to be used for heat pumps.

RemovedArticle 19 – paragraph 1: 1. Refrigeration, air conditioning, heat pump equipment and metered dose inhalers charged with hydrofluorocarbons shall not be placed on the market unless hydrofluorocarbons charged into the equipment or product are accounted for within the quota system referred to in this Chapter.

AddedArticle 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; / (b) to cover the costs for ensuring compliance with the Protocol; / (c) to support capacity building at national level and Member States’ implementation and enforcement of this Regulation, including in relation to the fight against online sales of illegal fluorinated gases and the destruction of seized illegal fluorinated gases; and / (d) to accelerate the deployment of alternatives to fluorinated gases, particularly in sectors incurring high mitigation costs, and in the heat pump sector, 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.