Changes from report parliamentary committee draft to plenary report

AddedArticle 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 .

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

AddedThe amendment aligns the paragraph with the intention of the Commission to include MDI under the quota system, among others to incentivise uptake of climate-friendly alternatives that are already available and that would not require any adaptations for the MDIs use by patients (see the Commission staff working document impact assessment SWD/2022/96 final accompanying this proposal).

▸7 unchanged paragraphs

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.

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.

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.

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.

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.

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.

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 for the following activities:

Change 32

Removedit is better to require registration of equipment and products even if they are for temporary storage, so that if eventually they aren't and are placed on the market, they can be traced back. Moreover, temporary storage is not exempt from the licencing requirements under the Montreal Protocol.

AddedArticle 20 – paragraph 4 – subparagraph 1 – point c: (c) supplying, or receiving hydrofluorocarbons for the purposes listed in points (a) to (d) of Article 16(2);

RemovedArticle 20 – paragraph 4 – subparagraph 1 – point c: (c) supplying, or receiving hydrofluorocarbons for the purposes listed in points (a) to (c) of Article 16(2);

AddedArticle 20 – paragraph 7 – subparagraph 2: The Commission and competent authorities of the Member States shall ensure that the following data included in the F-gas Portal is publicly available: / (a) regularly updated quota allocation and quota transfers; / (b) a list of registered importers and producers; / (c) data on imports, including points of entry and type of HFC; / (d) temporary storage data; / (e) facility-level chemical destruction data.

RemovedThere are a number of exemptions under the licensing system, including HFCs for: feedstock applications; export out of the Union; military and specified semiconductor industry uses; destruction; and HFCs in temporary storage. As currently envisaged, the licensing requirements do not fulfil the requirements of the Montreal Protocol, which requires each Party to establish and implement a system for licensing the import and export of new, used, recycled and reclaimed “controlled substances” in Annex F of the Protocol. All HFCs in Annex F (which mirror the HFCs listed in Section I of Annex 1 of the EU F-Gas Regulation) are controlled substances, whether or not their production, placing on the market or use is exempt from the phase-down (e.g., for feedstock, military use etc.), and therefore should be covered by the licensing system.

RemovedArticle 20 – paragraph 7 – subparagraph 2: The Commission and competent authorities of the Member States shall ensure that 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.

RemovedThe lack of transparency in the EU F-Gas Regulation makes it hard for civil society, the broader enforcement community and other market players to scrutinise compliance. The EU F-Gas Regulation should have a more transparent approach to data sharing.

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 is subject to the presentation of a valid licence to customs authorities pursuant to Article 20(4).

Change 33

RemovedArticle 23 – paragraph 5: 5. Customs authorities shall communicate information regarding the customs clearance of goods to the F-gas Portal via the European Union Single Window Environment for Customs.

AddedArticle 22 – paragraph 1 a (new): By way of derogation from the first paragraph of this Article and from Article 20, the Commission shall, by means of implementing acts, establish simplified rules for registration in the F-gas Portal in the case of temporary storage as defined in Article 5(17) of Regulation (EU) No 952/2013. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 34.

Change 34

ChangedArticle 23 – paragraph 6: 6. Importers of fluorinated greenhouse gases listed in Annex I and Annex II, Section 1, in refillable containers shall make available to customs authorities, at the time the customs declaration related to the release for free circulation is submitted, a declaration of conformity including evidence confirming the arrangements in place for the return of the container for the purpose of refilling, as referred to in Article 11(3a).refilling.

Change 35

RemovedArticle 23 – paragraph 12 – subparagraph 1 a (new): Customs and other enforcement authorities shall destroy confiscated materials.

AddedArticle 23 – paragraph 12 – subparagraph 1: Customs authorities shall confiscate or seize non-refillable containers prohibited by this Regulation for disposal in accordance with Articles 197 and 198 of Regulation (EU) 952/2013 and destroy them. Market surveillance authorities shall also withdraw or recall from the market such containers in accordance with Article 16 of Regulation (EU) No 2019/1020 of the European Parliament and the Council45.

RemovedCustoms authorities should be required to confiscate or seize any illegal shipment, discouraging illegal HFC traders from any economic benefit of their activities, and then destroy the confiscated material.

AddedArticle 23 – paragraph 12 – subparagraph 2: For other substances and products and equipment covered by this Regulation, customs authorities shall seize and confiscate fluorinated greenhouse gases imported or exported in violation of this Regulation and in accordance with the [Environmental Crime Directive 2021/0422(COD)] 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.

RemovedArticle 23 – paragraph 12 – subparagraph 2: For other substances and products and equipment covered by this Regulation, if seizure and confiscation of illegal shipments is not an option, alternative measures may be taken 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.

AddedArticle 24 – paragraph -1 (new): -1. By 30 June 2025, the Commission shall publish 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.

RemovedArticle 24 – paragraph 1: 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.

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 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).

Change 36

Removedthe removal of minimum quantity prevents importation of small consignments for illegal trade to avoid fulfilling the reporting obligation and conforms to the Montreal Protocol.

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 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.

Change 37

RemovedAll undertakings destroying fluorinated greenhouse gases should be subject to reporting to promote compliance.

Article 26 – paragraph 3: 3. By 31 March [[OP: Please insert the year of application of this Regulation], each undertaking that used 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.

Change 38

RemovedThis threshold should be eliminated to conform to the Montreal Protocol and prevent loopholes for illegal traders.

▸4 unchanged paragraphs

Article 26 – paragraph 4: 4. By 31 March [OP: Please insert the year of application of this Regulation], each undertaking that placed 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.

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 fluorinated greenhouse gases shall report to the Commission the data specified in Annex IX on each of those substances for that calendar year.

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 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).

Article 26 – paragraph 8 – subparagraph 1 – introductory part: By 30 April [OP: Please insert the year of application of this Regulation], and every year thereafter, each undertaking which under paragraph 1 reports on the placing on the market of hydrofluorocarbons during the preceding calendar year shall, in addition, ensure that the veracity of its report is confirmed, at a reasonable level of assurance, by an independent auditor. The auditor shall be registered in the F-gas Portal and shall be either:

Change 39

RemovedArticle 29 – paragraph 4: 4. The competent authorities shall keep records of the checks indicating in particular their nature and results, as well as on the measures taken in case of non-compliance. Records of all checks shall be kept for at least five years. The competent authorities shall also collect the checked trade records and keep the information for at least five years.

AddedArticle 27 – paragraph 2 a (new): By 31 December 2024 the Commission shall adopt a delegated act on a common general framework that Member States shall use to design centralised electronic systems.

AddedArticle 29 – paragraph 1: 1. The competent authorities of Member States shall carry out regular checks to establish whether undertakings comply with their obligations under this Regulation.

AddedArticle 29 – paragraph 3 – subparagraph 1: Checks referred to in paragraphs 1 and 2, shall include on-site visits of establishments with the appropriate frequency and verification of relevant documentation and equipment as well as checks of online platforms selling bulk fluorinated gases or products and equipment that contain such gases.

AddedArticle 29 – paragraph 5: 5. At the request of another Member State, a Member State shall conduct checks on undertakings suspected of being engaged in the illegal movement of the gases and products and equipment covered by this Regulation and which are operating on the territory of that Member State. The requesting Member State shall be informed about the result of the check.

Article 29 – paragraph 7 a (new): 7a. Member States shall provide an annual summary of the data collected from the logbooks to the Commission by 1 April of each year. The Commission shall publish an annual summary and assessment of the data received from Member States.

Change 40

RemovedArticle 29 a (new): Article 29a / 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 an…

AddedArticle 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 set out minimum administrative fines of at least four times the market value of the gases or products concerned and equipment concerned and maximum administrative fines of at least six times the market value of the gases or products concerned and equipment concerned. In case of a repeated infringement within a five-year period, the Member States shall set out minimum administrative fines of at least seven times the value of the gases or products concerned and equipment concerned and maximum administrative fines of at least ten times the value of the gases or products and equipment concerned.

RemovedArticle 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 five 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 minimum administrative fines of at least eight times the value of the gases or products and equipment concerned.

AddedArticle 32 – paragraph 2: 2. The power to adopt delegated acts referred to in Article 8(8), Article 9(1a), Article 12(17), Article 16(3), Article 16(3), second subparagraph, 17(6), Article 17(6a), Article 24, Article 25(2) Article 27, third subparagraph, Article 35(1), Article 35(1a) and Article 35(1b) shall be conferred on the Commission for an indeterminate period of time [from the date of application of the Regulation].

RemovedPenalties vary from one Member State to the other and in some cases may not be proportionate to the economic gains of illegal activities. It would therefore be more effective to set minimum penalties for non-compliance.

AddedArticle 32 – paragraph 3: 3. The delegation of power referred to in Article 8(8), Article 9(1a), Article 12(17), Article 16(3), Article 16(3) second subparagraph, Article 17(6), Article 17(6a), Article 24, Article 25(2), Article 27, third subparagraph, Article 35(1), Article 35(1a) and Article 35(1b) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

RemovedArticle 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.

AddedArticle 32 – paragraph 6: 6. A delegated act adopted pursuant to in Article 8(8), Article 9(1a), Article 12(17), Article 16(3), Article 16(3), second subparagraph, Article 17(6), Article 17(6a), Article 24, Article 25(2), Article 27, third subparagraph, Article 35(1), Article 35(1a) and Article 35(1b) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

RemovedAs technologies evolve very fast, it is important to make sure that the Commission proposes a revision of this Regulation as soon as low GWP options appear, so that this Regulation can mitigate more emissions and provide a greater contribution to the achievement of the EU climate neutrality target and the Paris Agreement goal.

AddedArticle 33 – paragraph 1: The Commission shall establish a Consultation Forum for providing advice and expertise in relation to the implementation of this Regulation. The Consultation Forum shall have a balanced participation of: / (i) Member State representatives; / (ii) representatives of all relevant stakeholders, including environmental organisations, patient associations and healthcare professional organisations, representatives of manufacturers and operators. / The Consultation Forum shall closely cooperate with the relevant EU Agencies. The rules of procedure of the Consultation Forum shall be established by the Commission and shall be published.

Change 41

ChangedArticle 35 – paragraph 1 ba (new): 1a. 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. The Commission is empowered to adopt delegated acts in accordance with Article 32 to amend Annexes I,this IIRegulation, and III by moving fluorinated greenhouse gasesstrengthen fromthe Annexprohibitions IIIon tothe Annexesplacing Ion orthe IImarket orof byhigh introducingGWP fluorinated greenhouse gases in Annexesthe Iproducts or II,equipment concerned, where it hasfinds evidence of the placingemergence onor acceleration of the marketuse of low GWP fluorinated greenhouse gases listed in Annex III or of fluorinated greenhouse gases notnatural listedalternatives in Annexesproducts I,and IIequipment orplaced IIIon tothe thisUnion Regulation.market.

Change 42

ChangedFluorinated gases listed in Annex III are notArticle commercialised;35 they– areparagraph only1 usedb research(new): and1b. development.The IfCommission theyis startempowered beingto commercialised,adopt thendelegated theacts Commissionin shouldaccordance havewith theArticle power32 to move them toamend Annexes I andI, II soand thatIII theirby emissionsmoving arefluorinated properlygreenhouse controlledgases andfrom mitigated.Annex ShouldIII newto gases,Annex notI listedor inII anyor Annex,by appearintroducing onfluorinated thegreenhouse market,gases thein CommissionAnnex shouldI haveor theII, powerwhere toit addhas themevidence toof Annexesthe Iplacing oron II,the againmarket withof thefluorinated purposegreenhouse togases properlylisted containin andAnnex mitigateIII theiror emissions.of Thisfluorinated empowermentgreenhouse isgases alignednot withlisted thein empowermentAnnex providedI, inII theor ODSIII, Regulation.respectively.

Change 43

RemovedStationary refrigeration no longer requires the use of fluorinated greenhouse gases, as there is an abundance of natural refrigerant alternatives available. (See Oko-Insitut et al (2022)

AddedArticle 35 – paragraph 1 c (new): 1c. No later than three months following the adoption of the revised REACH Regulation, the Commission shall assess whether this Regulation is coherent with that Regulation. The Commission shall, where appropriate, accompany its assessment with a legislative proposal to amend this Regulation, if it concludes that this Regulation is not coherent with potential new restrictions of the use of PFAS laid down in that Regulation.

RemovedStationary refrigeration no longer requires the use of fluorinated greenhouse gases, as there is an abundance of natural refrigerant alternatives available. (See Oko-Insitut et al (2022)

AddedArticle 35 – paragraph 2: By 1 January 2027, the Commission shall publish a report on the implementation of this Regulation, including in relation to the impact of this Regulation on the health sector, particularly the availability of MDIs for the delivery of pharmaceutical ingredients, as well as on the impact on the market of cooling equipment used in conjunction with batteries.