Changes from report parliamentary committee draft to plenary report

AddedArticle 15 – paragraph 1 – subparagraph 2: Any prohibited non-refillable containers referred to in the first subparagraph shall be confiscated, seized, withdrawn or recalled from the market and destroyed by the customs authorities or the market surveillance authorities. The re-export of prohibited non-refillable containers is prohibited.

AddedArticle 15 – paragraph 1 a (new): 1a. Undertakings which place on the market refillable containers for ozone depleting substances 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 compliance by the supplier of those containers to end-users. / The undertakings referred to in the first subparagraph shall keep the declaration of conformity for a period of at least 5 years after the placing on the market of refillable containers and shall make it available, on request, to the competent authorities of the Member States. Suppliers of those containers to end-users shall keep evidence of compliance with those arrangements for a period of at least 5 years after supply to the end-user and shall make it available, on request, to the competent authorities of the Member States. / The Commission may, by means of implementing acts, supplement this Regulation by determining the details of the declaration of conformity. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 28(2).

AddedArticle 15 – paragraph 2 – subparagraph 2: For the purpose of providing the evidence referred to in the first subparagraph of paragraph 1a, importers and producers shall draw up a declaration of conformity, verified by an accredited auditor, 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 20(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 the competent authorities and to the Commission.

AddedArticle 15 – paragraph 2 – 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 the examination procedure referred to in Article 28(2).

AddedArticle 15 – paragraph 3 – subparagraph 1: Ozone depleting substances produced or placed on the market and products and equipment containing ozone depleting substances or whose functioning relies on those substances produced or placed on the market and subsequently supplied or made available as referred to in Articles 6, 7, 8, 9 and 10 may only be used for those purposes. Ozone depleting substances, and products and equipment containing ozone depleting substances or whose functioning relies on those substances, placed on the market for destruction as referred to in Article 12 may only be used or utilised for that purpose.

AddedArticle 15 – paragraph 3 – subparagraph 2: Containers containing the substances intended for the uses referred to in Articles 6, 7, 8, 9, 10, 11 and 12 shall be labelled with a clear indication that the substance may only be used for the applicable purpose. The label shall bear the accepted industry designation for the ozone depleting substance concerned or, if no such designation is available, the chemical name, the ozone depleting potential of the substance concerned, and, where available, its global warming potential expressed on a 100-year time-scale, and, where available, on a 20-year timescale. Where such substances have been reclaimed or recycled, the label shall include that information, the information on the batch number and the name and address of the reclamation or recycling facility. Where such substances are subject to labelling requirements provided for in Regulation (EC) No 1272/2008, such indication shall be included in the labels referred to in that Regulation. Where relevant, refilled containers shall be relabelled with updated information.

AddedArticle 16 – paragraph 1: 1. The Commission shall set up and ensure the operation of the electronic licensing system for ozone depleting substances listed in Annexes I and II and products and equipment containing those substances or whose functioning relies upon those substances ('the licensing system').

AddedArticle 16 – paragraph 5: 5. Each undertaking that holds a licence shall, during the period of validity of the license, notify the Commission without undue delay of any changes which might occur during the period of validity of the licence in relation to the information submitted in accordance with Annex VII.

AddedArticle 17 – paragraph 3 – introductory part: 3. In cases of imports of ozone depleting substances listed in Annex I and of products and equipment containing those substances or whose functioning relies partly or entirely on those substances the importer, or where not available the declarant, indicated in the customs declaration or in the temporary storage declaration and in cases of exports the exporter indicated in the customs declaration, shall provide to customs authorities in the declaration the following, where relevant:

AddedArticle 17 – paragraph 11 – subparagraph 1: Customs authorities shall confiscate or seize the substances and products and equipment that are prohibited by this Regulation for their disposal in accordance with Articles 197 and 198 of Regulation (EU) No 952/2013. Market surveillance authorities shall also withdraw or recall from the market such substances and products and equipment in accordance with Article 16 of Regulation (EU) No 2019/1020 of the European Parliament and the Council33.

AddedArticle 17 – paragraph 12 – subparagraph 1: Member States customs authorities shall designate or approve customs offices or other places and shall specify the route to those offices and places, in accordance with Articles 135 and 267 of Regulation (EU) No 952/2013, for the presentation to customs of ozone depleting substances listed in Annex I and of products and equipment containing those substances or whose functioning relies upon those substances at their entry into or at their exit from the customs territory of the Union. Those customs offices or places shall be sufficiently equipped with the necessary human and material resources to carry out the relevant physical controls based on risk analysis, and shall be knowledgeable on matters related to the prevention of illegal activities under this Regulation.

AddedArticle 20 – paragraph 1: 1. Ozone depleting substances listed in Annexes I and II contained in refrigeration, air-conditioning and heat pump equipment, equipment containing solvents or fire protection systems and fire extinguishers shall, during the maintenance or servicing of equipment or before the dismantling or disposal of equipment, be recovered for destruction, recycling or reclamation.

AddedArticle 20 – paragraph 6: 6. Ozone depleting substances listed in Annexes I and II contained in products and equipment other than those mentioned in paragraphs 1 to 5 shall, if technically and economically feasible, be recovered for destruction, recycling or reclamation, or shall be destroyed without prior recovery.

AddedArticle 20 – paragraph 9: 9. Member States shall promote the recovery, recycling, reclamation and destruction of ozone depleting substances listed in Annex I and shall establish the minimum qualification requirements for the personnel involved. Member States shall ensure that appropriate training programmes for natural persons carrying out those tasks are made available.

AddedArticle 21 – paragraph 2: 2. Undertakings shall take all necessary precautions to prevent and minimise any unintentional release of ozone depleting substances listed in Annexes I and II during production, including inadvertently produced in the course of the manufacture of other chemicals, equipment manufacturing process, use, storage and transfer from one container or system to another or transport.

AddedArticle 21 – paragraph 3: 3. Undertakings operating equipment containing ozone depleting substances listed in Annexes I and II, shall ensure that any detected leakage is repaired without undue delay, without prejudice to the prohibition to use the ozone depleting substances.

AddedArticle 21 – paragraph 3 a (new): 3a. Undertakings operating refrigeration, air conditioning or heat pump equipment, or fire protection systems, including their circuits, which contain ozone depleting substances shall ensure that the stationary equipment or systems with a fluid charge of: / (a) 3 kg or more of ozone depleting substances are checked for leakage at least once every 12 months; this shall not apply to equipment with hermetically sealed systems, which are labelled as such and contain less than 6 kg of controlled substances; / (b) 30 kg or more of ozone depleting substances are checked for leakage at least once every 6 months; / (c) 300 kg or more of ozone depleting substances are checked for leakage at least once every 3 months; and any detected leakage is repaired as soon as possible and in any event within 14 days; the equipment or system shall be checked for leakage within 1 month after a leak has been repaired to ensure that the repair has been effective.

AddedArticle 21 – paragraph 5: 5. Member States shall establish the minimum qualification requirements for the personnel carrying out activities referred to in paragraph 3. Member States shall ensure that appropriate training programmes for natural persons carrying out those activities are made available.

AddedArticle 22 – paragraph 3: 3. The Commission is empowered to adopt delegated acts in accordance with Article 29 to amend Annexes I and II to update the global warming potential and the ozone depleting potential of the listed substances, where it is necessary in the light of new Assessments Reports by the Intergovernmental Panel on Climate Change or new reports of the SAP, established under the Protocol, and to add the global warming potential of those substances on a 20-year timescale.

AddedArticle 24 – paragraph 1 – subparagraph 3 a (new): Each year by 31 March ...[the year of application of this Regulation], and every year thereafter, each undertaking that has placed on the market ozone depleting substances shall submit to the Commission a report demonstrating compliance with Article 15(2).

AddedArticle 24 – paragraph 2: (2) The Commission and the competent authorities of the Member States shall take appropriate measures to protect the confidentiality of the information submitted to it in accordance with this Article and the conditions under which access to the data is granted.

AddedArticle 26 – 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 27 – paragraph 4 – point c: (c) temporary suspension or revocation of the authorisation to carry out activities as these fall under the scope of this Regulation.

AddedArticle 27 – paragraph 5 – subparagraph 1: In cases of unlawful production, import, export, placing on the market, or use of ozone depleting substances listed in Annex I or of products and equipment containing those substances or whose functioning relies upon those substances Member States shall envisage set out minimum administrative fines of at least four times the market value of the ozone depleting substances or products and equipment concerned and maximum administrative fines of at least six times the market value of the concerned substances or products 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 ozone depleting substances or products and equipment concerned and maximum administrative fines of at least ten times the market value of the concerned substances or products and equipment concerned.

AddedArticle 27 a (new): Article 27a / Member States shall ensure that where administrative fines are to be imposed pursuant to Article 27(5), the administrative fines may be imposed either by way of administrative procedures or by initiating proceedings for the imposition of fines, or both.

AddedArticle 29 – paragraph 2: 2. The power to adopt delegated acts referred to in Article 6(1), Article 7(4), Article 8(7), Article 9(3), Article 16(13), Article 18, Article 19(2), Article 20(8), Article 22, Article 23(3) and Article 24(4) shall be conferred on the Commission for an indeterminate period of time [from the date of application of the Regulation]

AddedArticle 30 – paragraph 1: By 1 January 2030, the Commission shall present a report to the European Parliament and to the Council on the implementation and effectiveness of this Regulation. The Commission shall assess in particular the availability of alternatives to ozone depleting substances for which a derogation is granted under Articles 6, 7, 8 and 9. The Commission shall also assess the impact of this Regulation on the fight against the illegal trade of ozone depleting substances. Following the presentation of that report and the assessments requested, the Commission may, if appropriate, submit a legislative proposal. / The European Scientific Advisory Board on Climate Change established under Article 10a of Regulation (EC) No 401/2009 (the ‘Advisory Board’) may, on its own initiative, provide scientific advice and issue reports regarding this Directive. The Commission shall take into account the relevant advice and reports of the Advisory Board, in particular as regards the coherence of this Regulation with the objectives of Regulation (EC) No 401/2009 and the Union’s international commitments under the Paris Agreement.

AddedAnnex VI – point 2 – point f: (f) any stocks held at the beginning and the end of the reporting period;

AddedThe text should clarify that the reporting on any stocks needs to specify the dates on which the stocks are held.

AddedAnnex VI – point 3 – point d: (d) any stocks held at the beginning and the end of the reporting period;

AddedThe text should clarify that the reporting on any stocks needs to specify the dates on which the stocks are held.

AddedAnnex VI – point 4 – point b: (b) any stocks held at the beginning and the end of the reporting period;

AddedThe text should clarify that the reporting on any stocks needs to specify the dates on which the stocks are held.

AddedAnnex VI – point 5 – paragraph 1 – point a: (a) any quantities destroyed, including quantities contained in products or equipment and quantities destroyed as by-products;

AddedAnnex VI – point 5 – paragraph 1 – point b: (b) any stocks, held at the beginning and the end of the reporting period, waiting to be destroyed, including quantities contained in products or equipment;

AddedThe text should clarify that the reporting on any stocks needs to specify the dates on which the stocks are held.

AddedAnnex VI – point 5 – paragraph 2: Each undertaking destroying ozone depleting substances and not covered by point 2(e) of this Annex shall also communicate data on any purchases from and sales to other undertakings in the Union.

AddedAnnex VI – point 6 – paragraph 1 – point b: (b) any stocks held at the beginning and the end of the reporting period;

AddedThe text should clarify that the reporting on any stocks needs to specify the dates on which the stocks are held.

AddedAnnex VI – point 6 – paragraph 1 – point c: (c) the types of feedstock uses and processes and any emissions, including those linked to transport and storage, including the transfer from one container to another.

AddedAnnex VI – point 6 – paragraph 2: Each undertaking using as feedstock or process agents ozone depleting substances shall also communicate data on any purchases from and sales to other undertakings in the Union.