EUROPEAN
COMMISSION

Strasbourg, 5.4.2022
COM(2022) 150 final
2022/0099 (COD)

Proposal for a
REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
on fluorinated greenhouse gases, amending Directive (EU) 2019/1937 and repealing
Regulation (EU) No 517/2014(Text with EEA relevance){SEC(2022) 156 final} - {SWD(2022) 95 final} - {SWD(2022) 96 final} {SWD(2022) 97 final}

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EXPLANATORY MEMORANDUM
1.

CONTEXT OF THE PROPOSAL•

Reasons for and objectives of the proposal

The European Green Deal launched a new growth strategy for the EU that aims to transformthe EU into a fair and prosperous society with a modern, resource-efficient and competitive
economy. It reaffirms the Commission’s ambition to increase its climate targets and make
Europe the first climate-neutral continent by 2050. Furthermore, it aims to protect the healthand well-being of citizens from environment-related risks and impacts. In response to theurgency for climate action, the EU increased its climate ambition through Regulation (EU)2021/1119 (the European Climate Law)1, which was adopted in 2021. The climate law
establishes a binding net GHG reduction target of at least 55% by 2030 compared to 1990 and
EU climate neutrality at the latest by 2050. The EU has also enhanced its initial Nationally
Determined Contribution under the Paris Agreement on Climate Change from at least 40%
greenhouse gas emissions reductions by 2030, to at least 55% net greenhouse gas emissions
reductions. Achieving those objectives, and having a chance to keep global averagetemperature within 1.5°C, requires reinforcing all instruments relevant for the decarbonisationof EU’s economy; the F-gas Regulation is a key instrument with respect to emissions offluorinated greenhouse gases (F-gases).
F-gases are human-made chemicals that are very strong greenhouse gases (GHG), often
several thousand times stronger than carbon dioxide (CO2). Together with carbon dioxide,
methane and nitrous oxide, they belong to the group of GHG emissions covered under theParis Agreement on Climate Change. Today F-gas emissions amount to 2.5 % of EU’s total
GHG emissions but doubled from 1990 to 2014 in contrast to other GHG emissions, which
fell. This is because F-gases in the past typically replaced ozone-depleting substances in areas
where the latter became prohibited to use in the EU to protect the stratospheric ozone layer, as
required under the 1987 Montreal Protocol on Substances that Deplete the Ozone Layer (‘theProtocol’).
Regulation (EU) No 517/2014 on fluorinated greenhouse gases2 (‘the F-gas Regulation’) was
adopted to reverse the increase in F-gas emissions. Hydrofluorocarbons (HFCs) are the mostimportant group of F-gases in terms of emissions relevant for the climate and the mainnovelty of the F-gas Regulation was the establishment of an ‘EU HFC phase-down’, namely aquota system to implement a gradual reduction schedule of the amount of HFCs thatimporters and producers may place on the market every year.
The EU F-gas policy must be seen in the context of the recent IPCC Special report 3. Pathways
to limit global warming at 1.5 °C require emission decreases for F-gases of up to 90% by
2050 globally compared to the year 2015.
With a view to reversing rising HFC emissions and their climate impact, and even though
HFCs do not deplete the ozone layer, Parties to the Protocol decided in 2016 with the Kigali
Amendment to implement a global HFC phase-down which will reduce HFC production andconsumption by more than 80 % over the next 30 years at global level. This implies that eachParty must comply with an HFC consumption and production reduction schedule as well as
licensing import/export and reporting on HFCs. Scientists have estimated that the Kigali
Amendment alone will save up to 0.4°C of additional warming by the end of the century.
1
2
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OJ L 243, 9.7.2021, p. 1.
OJ L150, 20.5.2014, p. 195.
IPCC Special Report. Global warming of 1.5 C (August 2021), https://www.ipcc.ch/sr15/.

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As concluded by the evaluation prepared by the Commission4, the F-gas Regulation has led toa reverse and year-on-year decrease of F-gas emissions starting in 2015. Moreover, the EU
market supply of HFCs declined by 37 % in metric tonnes and 47 % in terms of tonnes CO2
equivalent from 2015 until 2019. There has been a clear shift to the use of alternatives withlower global warming potential (hereafter ‘GWP’) including natural alternatives (e.g. CO2,
ammonia, hydrocarbons, water) in many types of equipment that used F-gases traditionally.
However, the emission savings envisaged by 2030 will not be fully achieved and there is anunused potential to save more emissions. Furthermore, while the F-gas Regulation was
adopted ahead of the Kigali Amendment and while it was instrumental in achieving thisglobal agreement, the Regulation cannot fully ensure compliance with all the obligations(notably beyond 2030).
Finally, the years of experience gained in the implementation of the Regulation as well as the
feedback received from stakeholders confirm the need to address a number of challenges tothe quota system. These range from illegal activities including smuggling and rogue traderswith purely speculative motives to the lack of skilled technicians. There are also certain
monitoring gaps to be addressed, the efficiency of the reporting and verification activities tobe improved and several existing rules to be further clarified, as most stakeholders fromindustry, NGOs and authorities have highlighted this as an important objective for the review.
It was thus clear that the main elements of the Regulation should be maintained but there wasa need to fine-tune and add several provisions.
The general objectives of the EU F-gas policies are to:(1)

Prevent additional F-gas emissions, thereby contributing to EU climate objectives(2)

Ensure compliance with the Protocol as regards obligations related tohydrofluorocarbons (‘HFCs’).

The prevention of emissions can be done in two ways: by avoiding that F-gases are used in
the first place (i.e. reduce the demand for F-gases) and by ensuring that there are measures toprevent emissions or leaks when the gases are produced, used and disposed of(“containment”). Therefore, the F-gas policy has the specific objectives to:Discourage the use of F-gases with high Global Warming Potential andencourage the use of alternative substances or technologies when they result in
lower GHG emissions without compromising safety, functionality and energy
efficiency;Prevent leakage from equipment and proper end of life treatment of F-gases inapplications;

Enhance sustainable growth, stimulate innovation, and develop green
technologies by improving market opportunities for alternative technologies
and gases with low GWP.

On the basis of the conclusions of an evaluation of the Regulation the Commission has thefollowing objectives for the review:(1)

Achieve additional F-gas emission reductions to contribute to reaching the 55% ofemissions reductions by 2030 and net carbon neutrality by 2050.

(2)

Fully align with the Protocol.

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See Annex 5 to the Impact Assessment accompanying the proposal.

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(3)

Facilitate enhanced implementation and enforcement on matters of illegal trade,the functioning of the quota system and the training needs on F-gas alternatives.

(4)

Improve monitoring and reporting to fill existing gaps and improve process anddata quality for compliance.

(5)

Improve clarity and internal coherence to support better implementation andunderstanding of the rules.

The initiative contributes to the 2030 Agenda for Sustainable Development and its
Sustainable Development Goals, most prominently to “fight climate change”.
•

Consistency with existing policy provisions in the policy area

To achieve the legally binding climate targets in the European Climate Law the Commission
has proposed to strengthen Member States’ emission reduction targets for 2021 to 2030 in an
amendment to the so-called Effort Sharing Regulation. The Effort Sharing Regulation covers
emissions from sectors not covered by the existing EU Emissions Trading System (ETS) 5 andF-gas emissions represent almost 5% of the emissions covered by that Regulation. Member
States’ individual targets relate to this overall basket of GHGs. Consequently, the EU or theMember States do not have any binding targets specific to F-gas emissions. However, it is
crucial that F-gas emissions are principally reduced through the F-gas Regulation becausesuch action has proven to be effective as well as cost-efficient to do at European level. Suchaction will complement additional measures to reduce F-gases that are better taken at national
level in line with the principle of subsidiarity, for example additional waste policy measures,
more stringent oversight of the sectors or financial incentives for alternatives. Together, themeasures taken at Union and national level relating to all types of emissions must ensure thateach Member State can reach its national greenhouse gas emission targets, as defined by the
Effort Sharing Regulation, in an effective manner.
The F-gas Regulation covers all sectors from which F-gas emissions are relevant, but it iscomplemented by Directive 2006/40/EC6 on mobile air-conditioning (MAC) which
specifically prohibits the use of refrigerants with a GWP higher than 150 in new passenger
cars since 2017. Prior to this prohibition, the refrigerant used was an HFC with a GWP of
1430.
•

Consistency with other Union policies

The proposed Regulation (as well as the current F-gas Regulation) has many similarities with
Regulation (EC) 1005/2009 on substances that deplete the ozone layer7 (the ODS Regulation),
which is being revised in parallel. These two Regulations must jointly ensure that the Union
complies with its obligations relating to HFCs and ODS under the Protocol. While the tworeviews do not directly impact each other, they do affect similar stakeholders and sectors, aswell as similar activities (trade, equipment use etc.) and they use similar control measures,
including a trade licencing system as required by the Protocol. Both industry and authorities
have therefore called for their relevant rules to be closely aligned (e.g. regarding custom
controls, leakage rules, definitions etc.).
The contribution of the revised F-Gas Regulation to reaching GHG targets at Member Stateslevel under the Effort Sharing Regulation is complemented by the revision of the Industrial
Emissions Directive (IED: Directive 2010/75/EU) which will cover activities responsible foraround 15% of overall EU emissions of GHG emissions not covered by the ETS. The focus of
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COM(2021) 555 final
OJ L 161, 14.6.2006, p. 12.
OJ L 286, 31.10.2009, p. 1.

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ENthe IED is primarily on emissions of pollutants and emissions of GHGs from industrial
sources that are not covered by the EU ETS8. By contrast, the ODS and F-Gas Regulations
mainly, but not exclusively, focus on placing on the market and use of ozone-depleting
substances and fluorinated gases in order to prevent emissions of those chemicals which arevery potent GHGs. The IED offers the opportunity for a systematic consideration of F-gas
emissions as a key environmental parameter in the development of best available techniquereference documents for industry sectors. The latter constitute the basis for the setting ofemission limit values for industrial installations to limit their emissions of F-gases and ODS.
Furthermore, the E-PRTR Regulation (Regulation (EC) No 166/2006) will be modernised to
improve reporting, and public availability of information, on emissions of both pollutants andgreenhouse gases and should in the future allow for more granularity on emissions data of Fgases and ODS from such installations.
There are also close synergies with energy policies, in particular the Directive 2009/125/EC
on eco-design9, given the relevance of indirect emissions from energy use of F-gas equipment.
The proposal follows the “energy efficiency first principle” by only taking into accountalternatives that are being at least as energy efficient as equipment using a traditional F-gas.
Special attention has also been paid to the fact that the decarbonisation of the energy system
will require high growth rates for heat pumps that currently are marketed with F-gases in theUnion. This is in particular due to the recent geopolitical developments requiring a higher
growth in heat pumps to reduce dependence on oil and gas as outlined in the Communication
RePowerEU10. In order to reach climate neutrality, it is important to have policies in placethat increase the energy efficiency as much as possible and that limit direct emissions from Fgases. This is particularly important since any heat pump equipment with F-gases that is put
into operation today will lead to direct GHG emissions for many years into the future due toleakage, necessary servicing with more F-gases and possible emissions when the equipment
entered the waste stream. Where possible this should be avoided, which is why specificproduct bans are included. Overall, it is estimated that the proposed review of the quota
system, following the preferred option of the impact assessment, has sufficient buffer to allow
for such growth in heat pump deployment.
As regards the import and reporting provisions there are synergies with the REACH
Legislation11, as importers of fluorinated gases are affected by both. The more granular datacollected, and the stringent import requirements related to the quota system in the F-gas
Regulation could be used to improve overview and compliance on REACH registration
obligations as pointed out by the chemical industry.
The reviewed proposal strongly reinforces the links to customs, market surveillance,
environmental crime and whistleblowing by spelling out the concrete obligations of economic
operators and the competent authorities to reduce illegal activities including smuggling andsafeguard the environmental integrity of the Regulation.
Furthermore, there are direct links with waste policy, as the end-of-life is a crucial phase
where many emissions occur if the existing obligations are not complied with. The recovery
obligations in the F-gas Regulation are complemented by references in the relevant waste

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Directive 2003/87/EC, OJ L 275, 25.10.2003, p.32.
Directive 2009/125/EC of the European Parliament and of the Council of 21 October 2009 establishinga framework for the setting of ecodesign requirements for energy-related products (OJ L 285,
31.10.2009, p. 10).
COM(2022) 108 final.
https://echa.europa.eu/regulations/reach/legislation

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ENlegislation (e.g. WEEE Directive12 and Waste Shipment Directive13). Reinforced producer
responsibility schemes as promoted by the F-gas Regulation could make a significant
contribution to improve current practices and reduce end-of-life emissions. This is an
opportunity in light of the on-going revision of the Waste Framework Directive.
Last but not least, the continuous and timely updating of safety standards as well as codes andlegislation at all levels, European, national, regional and local, is crucial to keep pace with therapid development of technologies and to ascertain that the use of climate-friendly
refrigerants can be maximised without compromising safety.
2.

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY•

Legal basis

This proposal is based on Article 192(1) of the Treaty on the Functioning of the European
Union, in line with the objective to preserve, protect and improve the quality of theenvironment; protect human health; and to promote measures at international level to deal
with climate change.
•

Subsidiarity

The proposal complements EU legislation that has existed at EU level since 2006 and it
clearly complies with the subsidiarity principle for the following reasons:Firstly, protecting the climate system is a cross-border issue and the scale of the problem
demands action worldwide. Secondly, the most effective measures are prohibiting or
restricting the use or placing on the market of F-gases or F-gas products and equipment. For
the functioning of the EU internal market and the free movement of goods, it is highly
preferably if such measures are taken at EU level. Thirdly, the Protocol considers the EU as aregional economic integration organisation (REIO) and the EU must therefore comply with
the Protocol’s obligations at Union level (e.g. reporting, licensing system, consumption phasedown). This requires relevant legislation at the same level; it would be very difficult if not
infeasible to achieve compliance through 27 different national systems. The only exception to
the REIO clause is the Protocol’s HFC production phase-down schedule, which requires
compliance at Member States level.14 Still some Member States have requested that
production is also regulated at EU level as this would increase the flexibility for thecompanies concerned.
•

Proportionality

The proposal complies with the proportionality principle. The proposal ensures that F-gas
emissions will be further reduced and that the EU continues to comply with its international
obligations under the Protocol to phase down the production and consumption of HFCs. The
proposed measures are based on a thorough assessment of their cost-efficiency that shows thatthe marginal emission abatement costs for any sector are within the range that other sectors in
the economy are expected to face to ensure the needed transition towards climate neutrality by
2050. Moreover, in the long term the mitigation measures will result in overall cost savings.
Some measures will slightly increase the administrative burden on industry but some of them
are essential for compliance with the Protocol and others are needed to facilitate appropriate
12

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Directive 2012/19/EU of the European Parliament and of the Council of 4 July 2012 on waste electricaland electronic equipment (OJ L 197, 24.7.2012, p. 38).
Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on
shipments of waste (OJ L 190, 12.7.2006, p. 1).
Pursuant to Article 2(8)(a) of the Protocol, an EU-level compliance under REIO on production ispossible, but this is currently not the case as there was no agreement by Member States.

5ENenforcement of the rules as well as monitoring future threats. None of the latter measuresinvolve high costs. No detailed provisions are proposed in areas where the objectives might bebetter achieved by action in other policy areas, for example legislation on waste. The level ofbenefits achieved by these measures could not have been achieved as cost efficiently forindustry and Member States by introducing 27 different additional F-gas policies in Member
States.
•

Choice of the instrument

The legal instrument chosen is a Regulation because the proposal aims to replace and improve
the F-gas Regulation while maintaining its general structure on control measures. The F-gas
Regulation has proven to be effective. Since the proposal includes several amendments aswell as adaptations to the structure of the F-gas Regulation, the F-gas Regulation should be
repealed and replaced with a new Regulation to ensure legal clarity. Any major changes (i.e.
repeal, or turning it into a Directive) would unduly burden Member States and create
additional uncertainty for the undertakings active in this sector.
3.

RESULTSOF
EX-POSTEVALUATIONS,CONSULTATIONS AND IMPACT ASSESSMENTS•

Ex-post evaluation

STAKEHOLDER

The Commission carried out an evaluation of the F-gas Regulation in line with the 'Better
regulation' requirements, and responded to Article 21(2) of the F-gas Regulation, which
requires the Commission to publish a comprehensive report on its effects no later than 31
December 2022.
The evaluation concludes that the F-gas Regulation has been mostly effective in meeting its
original objectives of both reducing F-gas emissions and being instrumental in obtaining aninternational agreement to reduce HFCs. Furthermore, the individual measures were found towork well together to meet these objectives. As a direct result of the legislation, F-gas
emissions have decreased year-on-year starting in 2015 after a decade of rising amounts.
These emission savings were achieved at very low abatement costs linked to technologicalchange (i.e. 6 € per tonne CO2e on average), and without reducing energy efficiency of theequipment concerned. The F-gas Regulation has safeguarded high environmental ambition by
maintaining the same obligations across the EU, while also ensuring a level-playing field in
the internal market concerned industries and undertakings.
At the same time, the evaluation concludes that since the adoption of the Regulation a numberof important developments (notably the European Green Deal, and a changed international
policy environment with the Paris Agreement and the Kigali Amendment) have changed therelevant policy framework, implying that the EU F-gas Regulation is not fully fit-for-purpose,in terms of both exploiting the unused potential for achieving additional emission reductions
and ensuring future compliance with the Protocol. Modelling indicates that the F-gas emission
reductions in 2030 will be lower than expected in the 2012 impact assessment15 that had theobjective to contribute to reaching the previous 2030 climate target (at least -40% compared
to 1990). Also, some sectors continue to use and emit highly warming F-gases, where this
could be avoided (e.g. in the light of technological progress) and there are emissions fromsectors or substances not currently included under the scope of the Regulation.
The evaluation also identifies other challenges, including illegal imports of HFCs thatcircumvent the quota system and “rogue traders” (a multiplication of bulk importers often
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SWD(2012) 364 final.

6ENwithout connection to the sector that enter the market for speculative reasons and/or benefit
disproportionately from the quota system). Moreover, the uptake of climate friendly
alternatives is being hindered by a lack of personnel that have skills to install and maintainequipment with climate-friendly alternatives as well as safety standards that are not fully
updated according to technological progress. Better emission control could also address someof the concerns about possible eco-toxicological consequences of atmospheric breakdown
products of HFC and hydro(chloro)fluoroolefins (H(C)FOs). Furthermore, certain gaps in thesubstances and activities covered by monitoring and reporting measures could be avoided. In
addition, a few obligations linked to the reporting and verification obligations could be mademore efficient. Finally, it was perceived as a threat that there is currently no flexibility toquickly react in case of undesirable effects of the quota system such as significant lack of
HFC supply.
In general, the F-gas Regulation was found to be externally consistent and coherent with otherinterventions that have similar objectives, although there are areas that have led to someincoherencies that should be addressed. An important area is customs law, where synergies
with the EU Single Window Environment for Customs should be exploited and efficientborder controls facilitated to stop illegal activities. Another important synergy is with the
REACH Regulation where Member States-led efforts are underway to look into the relevanceof persistent degradation products from H(C)FOs. Internal consistence of the Regulation isgood, but some clarifications and alignments are needed.
On the basis of these findings the five review objectives mentioned in section 1 wereidentified.
•

Stakeholder consultations

The Commission carried out a broad consultation with stakeholders. The consultation on thereview roadmap from 29 June 2020 to 7 September 2020 and the online public consultationfrom 15 September 2021 to 29 December 2021 provided an opportunity for all stakeholders tocontribute views on the F-gas Regulation, irrespective of the respondents’ level of familiarity
with the Regulation. These activities received 76 and 241 responses respectively. The
individual responses and a summary are publicly available on the Commission “Have yoursay” website16. A targeted consultation, involving 34 semi-structured interviews tailored tocompetent F-gas authorities, customs authorities, NGOs, EU business associations andorganisations, as well as several individual companies was carried out. An open stakeholder
workshop was held on 6 May 2021 attended by 355 participants, where the preliminary resultsof the evaluation and the impact assessment were presented. The agenda, background briefing
material and the presentation delivered at the workshop are available on DG CLIMA’s
website17.
These consultations gathered views on the achievements of the Regulation to date withrespect to its relevance, effectiveness, efficiency, EU added value and internal and external
coherence. In addition, feedback was also gathered on potential measures and their likely
environmental, economic and social impacts, taking into account the European Green Dealand its more ambitious targets and the obligations on hydrofluorocarbons under the Protocol.
Stakeholders generally agreed that the F-gas Regulation was very successful but that it could
and should be improved. Moreover, it was clearly noted that objectives of the Regulation
could not be better achieved by action at Member State level (rather than EU-level).

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https://ec.europa.eu/info/law/better-regulation/have-your-say/initiatives/12479-Review-of-EU-rules-on-fluorinated-greenhousegases/public-consultation_en
https://ec.europa.eu/clima/eu-action/fluorinated-greenhouse-gases/eu-legislation-control-f-gases_en#ecl-inpage-1474

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Most stakeholders, and competent authorities in particular, stated that the Regulation needs tobe aligned with the Protocol after 2030 to ensure future coherence and compliance. Whilesome industry and businesses stakeholders commonly working with F-gases in the
refrigeration, air-conditioning and heat-pump sector did not want to raise the ambition level ofthe current F-gas Regulation further, manufacturers of equipment using alternativerefrigerants and NGOs strongly supported higher ambition. Across all consultation activities,
industrial stakeholders showed strong support for various measures aimed at tackling illegal
trade and challenges to the quota system, reflecting that they consider this a key issue for
improving the Regulation (while different measures received different levels of support).
These stakeholders also showed a high level of support for additional training andcertification of technicians on F-gas alternatives, highlighting that this is a key barrier to theuptake of alternatives.
•

Collection and use of expertise

The Commission has gathered extensive technical advice from a number of expert studies,including Commission reports18 on air conditioning, switchgear, availability of HFCs,
commercial refrigeration, quota allocation, safety standards and training for service personnel.
In addition, a comprehensive preparatory study was carried out for the review of theRegulation by external consultants, which included a detailed bottom-up stock model of theF-gas using sectors (AnaFgas model) in order to calculate demand and emission scenarios for
F-gases, for the baseline and the policy options, as well as energy use of the relevant
equipment, for the EU27+UK in the period of 2000 to 2050. An attached cost module allows
quantification of related costs to the operators of equipment relying on F-gases or theiralternatives. Macroeconomic effects were modelled using the Joint Research Centre’s GEME3 model19. This preparatory study and its annexes (Öko-Recherche et al., 2021) with theunderlying data, assumptions and detailed results are made public on DG CLIMA’s website.
The industry sector, Member States authorities and civil society provided extensive input andtechnical support for the study.
•

Impact assessment

The Commission carried out an impact assessment analysing three policy options in terms of
their effectiveness in achieving the objectives sought as well as their environmental, economic
and social impacts. For each review objective, a series of measures were identified. The
measures, which are complementary and not mutually exclusive, were grouped into threepolicy options on the basis of their expected (abatement) costs:
All three options include the improvements seeking to clarify the rules or make them more
coherent. The three options are as follows:

Option 1: Align with the Protocol - low cost measures. It includes all measures toensure long-term compliance with the Protocol. This option also includes any
beneficial measures on all objectives that were expected to result in very low costs
and effort, if any.



Option 2: Proportionate emission reductions and implementation improvement.
In addition to Option 1, it includes measures that achieve emission reductions andimplementation improvements at moderate costs and effort, to the point where a subsector would not have to pay more than marginal sectoral abatement costs expected
for the economy overall to reach carbon neutrality in 2050. The HFC quota levels

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C(2020)6637 final, C(2020) 6635 final, C(2020)8842 final, C(2017)5230 final, COM(2017) 377 final,
COM/2016/0749 final, COM/2016/0748 final.
https://joint-research-centre.ec.europa.eu/gem-e3/gem-e3-model_en

8ENare therefore more restrictive than in Option 1 and additional F-gas prohibitions withspecific GWP limits and dates complement the phase-down. The option also includes
more measures to improve enforcement and monitoring, as long as they do not imply
high costs.


Option 3: Maximum feasibility and implementation improvements. Option 3 is ahigh cost option. In addition to all previous measures in Options 1 and 2, Option 3
will include those that seek to achieve the maximum GHG emission reductions based
on today’s technical feasibility while taking into account energy efficiency and safety
aspects, but regardless of what it would cost. This option has the steepest quota
system. All measures to improve enforcement and monitoring that were consideredfeasible are also included in this option.

While all options would safeguard full compliance with the Protocol, the detailed impact
assessment clearly shows that Option 2 will result in the most appropriate cost-benefit
balance, achieving a very substantial amount of additional emissions to the current Regulation(i.e. the baseline) at a modest price tag and avoiding undue hardship for any affected sectors.
In the 2030 context, the proposed Regulation is estimated to result in additional savings ofcumulatively 40 MtCO2e. It is important to keep in mind that these savings will come on topof the 430 MtCO2e estimated to result from the current Regulation. By 2050 the additionalsavings of Option 2 will be ca. 310 MtCO2e. This means that the residual annual F-gas
emissions in 2050 are estimated to be only 14 MtCO2e. Option 2 is thus considered to becompatible with reaching net climate neutrality by 2050, reducing the need for carbonremoval policies to compensate for emissions that cannot be avoided in 2050 to achieve net
climate neutrality.
The necessary technological adjustment leads to cost savings overall and in many sub-sectors,
due to lower energy costs for the users. However, there are some costs for end-users who do
not switch to alternatives as a result of higher prices of HFCs under a reinforced quota system.
Nonetheless, in the longer turn some sectors of the economy will profit from the technology
conversion, leading to higher output, innovation and employment. Option 2 is therefore themost coherent with the objectives of the European Green Deal, as well as the “Do No
Significant Harm”-principle. As confirmed by stakeholders the types of measures in Option 2
have EU added value. Consequently, the level of benefits achieved could not have beenachieved as cost efficiently for industry and Member States by introducing 27 different
additional F-gas policies in Member States. It turns out that Option 1 does not achieve any
additional cumulative emission savings compared to the current Regulation and considering
the savings potential shown in Option 2 and 3, Option 1 would simply be less adequate in thelight of the EU’s ambitious climate targets. Option 3, on the other hand, would achieve
marginally higher emission savings compared to Option 2 but those additional savings would
come at the expense of very high costs for some sectors (marginal sectoral abatement costs by
2050 of up to of 2,111 €/t CO2e for Option 3, compared to maximally 336 €/tCO2e in Option
2; technological adjustment costs for all sectors of 113 million € per year for Option 3compared to 12 million € per year for Option 2) and it is preferable to seek other ways tocontribute to the achievement of the national greenhouse gas emission reduction targets.
Option 2 will also ensure better control at a moderate increase in administrative burden forindustry and authorities (Total net costs were estimated as 7.6 million € for industry as
recurrent yearly costs, in addition to one-off costs of € 3 million). These changes should allow
for an effective enforcement, tackling the identified existing challenges, in particular thoselinked to illegal trade. Furthermore, the monitoring rules will become more streamlined andcomprehensive by covering new aspects that have become relevant. The detailed results ofenvironmental, economic and social impacts are presented in the impact assessment.

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A number of simplifications are achieved in the area of monitoring. These include savings
from changes to the quota declaration process (€1.2 million of costs saved yearly), aligning
reporting and authorisation thresholds for equipment importers (€0.09 million yearly),
relaxing the verification threshold for equipment importers (€1.7 million yearly) anddigitising the verification process (€1.5 million yearly).
The Regulatory Scrutiny Board issued a positive opinion with reservations on the impact
assessment on 25 February 2022. The final recommendations to better explain the links to the
Effort Sharing Regulation, the need to raise ambition, a more detailed description of themethodology and spelling out the success parameters were addressed in a revised text of the
impact assessment. All detailed comments of the Board and how they were addressed are
given in the impact assessment. This full impact assessment and a summary version areavailable on DG CLIMA’s website.
•

Fundamental rights

The proposed rules of this initiative ensure the full respect of the rights and principles set out
in the Charter of Fundamental Rights of the European Union.
4.

BUDGETARY IMPLICATIONSThis proposal includes a fixed quota price for a large part of the HFC quota that is allocated toimporters and producers each year. The maximum annual revenue is shown in the tablebelow.
million €/year
2025 - 2026

125

2027 - 2029

53

2030 - 2032

272033 - 2035

252036 - 2038

20

However, the further development, operation, maintenance and IT security of the HFC quota
system and the F-gas and ODS licencing system required under the Montreal Protocol as well
as necessary links to the EU Single Window Environment for Customs and facilitation of
better enforcement will require additional resources. Therefore, it is proposed, that the quota
sale revenue is being used to cover costs related those activities and that the remaining quota
sale revenue will flow into the EU Budget as general revenue.
5.

OTHER ELEMENTS•

Implementation plans and monitoring, evaluation and reporting arrangements

Future monitoring and evaluation of the Regulation can rely on the Regulation’s annualcompany reporting data that is collected and aggregated by the European Environment
Agency each year.20 The agency prepares a report on F-gas related activities for Member State
representatives and the Commission (DG CLIMA), which includes inter alia data on imports,
exports, production, destruction, and reclamation relevant to bulk F-gases and equipment
containing such gases. Furthermore, to comply with the Protocol, the Commission is using thedata to report annually on HFC production, feedstock, destruction, imports and exports to the20EN

https://www.eea.europa.eu/publications/fluorinated-greenhouse-gases-2020

10

ENProtocol’s Ozone Secretariat on behalf of the EU. In addition, there is a public version of thereport in the form of a web-based F-gas indicator published and updated regularly by the
EEA. The measures proposed on reporting and monitoring would improve this data basis
further in the future.
The changes to the reporting scope (new substances; recipients of exempted quota;
reclamation facilities) will complete the picture on relevant gases and uses. The emission
reporting databases will improve the knowledge on emissions and thus the impact of the F-gas
sector as well as better data quality reported to the United Nations Framework Convention on
Climate Change (UNFCCC). The streamlining of reporting and verification rules should also
help in achieving better data quality more efficiently.
Moreover, the Commission will continue to closely monitor prices, the workings of the quota
system and other market developments of the sector on the basis of contracts with external
experts. Member States regularly update on relevant activities carried out such as (i) thecollection and use of data to determine emissions, (ii) producer responsibility schemes, (iii)
enforcement and other measures taken on illegal activities including penalties to the
Implementation Committee established in the Regulation.
Finally, the Commission will monitor the implementation of the proposed measures. In thiscontext, the Commission will cooperate closely with national authorities e.g. the national
experts on ozone depleting substances, customs authorities and market surveillanceauthorities. The committee referred to in the proposal will assist the Commission in its work
and will discuss questions on the harmonised enforcement of the proposed rules whereappropriate. The development of the relevant case-law of the Court of Justice of the European
Union will also be monitored, as well as any decision by the Implementing Committee of theMontreal Protocol regarding compliance of the EU and its Member States.
A good performance of the Regulation would mean that:

Emissions of F-gases should fall as predicted by the modelling carried out
under the accompanying impact assessment, i.e. in 2030 annual emissions
should be 37 MtCO2e.



There should be no compliance issues with the Montreal Protocol regarding
obligations on HFCs.



Smooth implementation of the quota system and reduction of illegal trade to
avoid harm in environmental, economic or reputational terms.



The monitoring and reporting supports policy evaluation and compliancechecking in a more effective but also efficient way.

The impacts of the Regulation should be evaluated regularly; the first evaluation, based onthese data, should be published by 2033. In this context, an expert study would be needed toestimate the progress made on foam banks. The evaluation should also examine thedevelopments in administrative costs.
•

Detailed explanation of the specific provisions of the proposal.

The measures established under the F-gas Regulation to reduce emissions of fluorinatedgreenhouse gases are not put into question in the current proposal. The proposal mainly
ensures that the proposed Regulation will be aligned with the ambitious EU climate objectives
and that long-term compliance with international obligations will be guaranteed. Existing
rules are clarified and strengthened to ensure better enforcement.
Chapter I

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The proposal establishes the subject-matter and scope of the Regulation and includes thenecessary definitions.
Chapter II
The proposal includes rules on containment (prevention of emissions, leakage checks, leakage
detection system and rules on recovery). Prevention of emissions covers F-gases listed in
Annexes I and II, and is imposed on all relevant actors during the production, storage,transport, manufacturing and operation of F-gases and the equipment containing them. Leakchecks and record keeping also covers gases listed in Annex II Section I. Recovery
obligations of fluorinated greenhouse gases is extended to also cover foams in sandwich
panels and laminated boards when removed from buildings. The proposal also establishes
training and certification obligations that also include tasks in relation to equipment that
contain gases used as substitutes to fluorinated greenhouse gases (alternative gases) topromote their safe use and handling. The training and certification programmes should also
cover energy efficiency aspects.
Chapter III
The proposal includes restrictions and prohibitions on the placing on the market of F-gases
and the concerned products and equipment. It clarifies that products and equipment placed
unlawfully on the market cannot be used or further supplied. For products and equipment
lawfully placed on the market, their further supply as of two years following the prohibition
deadline is allowed only if evidence is provided of their (initial) lawful placing on the market.
Non-refillable containers shall be prohibited from entering the customs territory and further
used or supplied.
The proposal also includes labelling requirements for the placing on the market of F-gases incontainers and in certain equipment. These requirements include hydrofluorocarbons that are
exempted from the quota requirements to enable enforcement of those exemptions. The
proposal also prohibits specific uses of certain F-gases.
Chapter IV
The proposal establishes a production reduction schedule for HFCs, following the binding
rules of the Montreal Protocol. Productions that maintain production today will receive rights
based on the historic baseline of 2011 to 2013, while the Commission may, at the request of a
Member State and within that State’s production limits set by the Protocol, allocate additionalrights to new entrants. The latter does not exempt HFCs exported inside of products andequipment.
The proposal also establishes a reduction schedule for the placing on the market of HFCs byestablishing individual quantitative limits (quotas) for producers and importers. Importers andproducers must ensure that they have sufficient quota to cover the quantities of HFCs placedon the market, at the moment the placing on the market occurs (i.e. for importers at the timeof release for free circulation). HFCs for certain uses are exempted from the quota
requirements. However, the exemption from the phase-down of metered dose inhalers (MDIs)
for pharmaceutical use is removed to align with the consumption phase-down schedule of theMontreal Protocol, where the latter products are not exempted. The use of HFCs as
propellants for MDIs is fully emissive, i.e. the whole HFC quantity filled into these products
will eventually end up in the atmosphere, and has grown by 45% between 2015 and 2019.
Even though two suitable climate-friendly alternatives are available that would not require
any adaptation for the MDIs use by patients and that the approval process by the medical
authority (EMA) is under way, the industry expects a slow market uptake in the absence of a

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policy signal. By including MDIs under the quota system, a significant amount of emissions
can be saved by 2050, at very little costs to manufacturers and the patients.21
Quotas are allocated every year to new entrants exclusively on the basis of a declaration andto historic importers and producers (incumbents) on the basis of their reference values (and on
the basis of a declaration if made). Certain conditions apply for the allocation of quotas to allimporters and producers, including the payment of an allocation amount. Importers andproducers that share the same beneficial owner(s) shall be considered as one undertaking forthe purpose of the determination of reference values and the allocation of quotas. HFCs
charged in certain equipment should also be accounted for in the quota system.
Importers and producers that have a reference value may transfer some or all of their allocatedquota to another undertaking for the purpose of placing HFCs on the market in bulk and may
also authorise the use of all or some of their quota to another undertaking for the purpose ofplacing equipment charged with HFCs on the market.
The proposal also envisages the operation of the F-gas Portal for the implementation of thequota allocation system, licensing and reporting obligations and its inter-connection with the
EU Single Window for Customs. Registered importers and producers have access to theirindividual quota allocations, penalties, quantities placed on the market as reported, as well astransfers and authorisations to use quota recorded by these undertakings. Alleged clericalerrors in the recording of information by undertakings and in their reported data must be
substantiated by evidence and must be timely presented to the Commission.
Chapter V
The proposal imposes as a condition to trade, a valid license to be presented to customs
authorities in cases of import and export.
The proposal also clarifies the role of customs authorities and market surveillance authorities
in enforcing the controls on trade envisaged therein. The information that should be provided
in cases of imports and exports is listed as well as what customs authorities should check inparticular during customs controls carried out on a risk basis. Non-refillable containers should
be confiscated or seized or taken out of the market. For other goods, customs and market
surveillance authorities shall take all necessary measures, including confiscation or seizure
where needed, to enter that prohibited goods do not re-enter the market from another EU
customs office. Re-export of unlawful gases or products covered under the Regulation shallbe prohibited. Only designated or approved places and customs offices shall be allowed tohandle cases of imports and exports of F-gases; only these designated offices and places shallbe allowed to open or close a transit procedure.
Finally, the proposal imposes a ban on the trade of HFCs with non-Parties to the Protocol, in
line with the obligations set out in the Protocol as from 2028.
Chapter VI
The proposal establishes reporting obligations in particular for producers, importers of gases
in bulk as well as charged in products and equipment, exporters, feedstock users, destruction
and reclamation facilities and undertakings that received hydrofluorocarbons that fall underthe exemptions from the quota rules. The reporting is done electronically via the F-gas Portal.
Verification, subject to quantitative limits, of reported data shall also be done via the F-gas
Portal.
The proposal requires Member States to collect emission data electronically where possible.
21

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Find more information on MDIs in the accompanying impact assessment.

13

ENChapter VII
The proposal specifies the cases where exchange of information and cooperation withcompetent authorities within a Member State, as well as amongst Member States and withcompetent authorities of third countries is required.
The proposal also establishes the obligation for competent authorities to check on thecompliance of undertakings with the Regulation on a risk basis and where concrete evidence
are available.
The proposal also ensures that reports by whistle-blowers in relation to infringements of theRegulation benefit from the level of protection envisaged under Directive (EU) 2019/1937.
Chapter VIII
Finally, the proposal establishes that the level and type of administrative penalties forinfringements of the Regulation must be effective, dissuasive and proportionate and shall also
take into account relevant criteria (such as the nature and gravity of the infringement). In
particular, it proposes an administrative fine to be imposed in cases of illegal production, useor trade of gases and of the products and equipment covered under this Regulation. The
proposed provisions are aligned, and compliment the Commission Proposal for a Directive of
the European Parliament and of the Council on the protection of the environment throughcriminal penalties adopted on 15 December 202122.
The proposal also establishes a consultation forum represented by Member States andrepresentatives of civil society, including environmental organisations, representatives ofmanufacturers, operators and certified persons who will advise and provide expertise to theCommission in the implementation of this Regulation.

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COM(2021) 851 final.

14

EN2022/0099 (COD)
Proposal for a
REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
on fluorinated greenhouse gases, amending Directive (EU) 2019/1937 and repealing
Regulation (EU) No 517/2014(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular
Article 192(1) thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Having regard to the opinion of the European Economic and Social Committee23,
Having regard to the opinion of the Committee of the Regions24,
Acting in accordance with the ordinary legislative procedure,
Whereas:(1)

The European Green Deal launched a new growth strategy for the Union that aims totransform the Union into a fair and prosperous society with a modern, resourceefficient and competitive economy. It reaffirms the Commission’s ambition to increase
its climate targets and make Europe the first climate-neutral continent by 2050 andaims to protect the health and well-being of citizens from environment-related risks
and impacts. Furthermore, the EU is committed to the 2030 Agenda for Sustainable
Development and its Sustainable Development Goals.

(2)

Fluorinated greenhouse gases are human-made chemicals that are very strong
greenhouse gases (‘GHG’), often several thousand times stronger than carbon dioxide(‘CO2’). Together with CO2, methane and nitrous oxide, they belong to the group of
GHG emissions covered by the Paris Agreement adopted under the United Nations
Framework Convention on Climate Change (‘the Paris Agreement’). 25 Fluorinatedgreenhouse gas emissions amount today to 2.5 % of total GHG emissions, in theUnion, but have doubled from 1990 to 2014 in contrast to other GHG emissions,which have fallen.

(3)

Regulation (EU) No 517/2014 of the European Parliament and of the Council 26 wasadopted to reverse the increase in fluorinated greenhouse gas emissions. As concluded
by an evaluation prepared by the Commission, Regulation (EU) No 517/2014 has led
to a year-on-year decrease of fluorinated greenhouse gas emissions. The supply of

23

OJ C , , p. .
OJ C , , p. .
OJ L 282, 19.10.2016, p. 4.
Regulation (EU) No 517/2014 of the European Parliament and of the Council of 16 April 2014 on
fluorinated greenhouse gases (OJ L 150, 20.5.2014, p. 195).

24
25
26

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hydrofluorocarbons (‘HFCs’) has declined by 37 % in metric tonnes and 47 % in termsof tonnes CO2 equivalent from 2015 until 2019. There has also been a clear shift to theuse of alternatives with lower global warming potential (‘GWP’) including natural
alternatives (for example CO2, ammonia, hydrocarbons, water) in many types ofequipment that used fluorinated greenhouse gases traditionally.
(4)

(5)

Due to rising HFC emissions globally, Parties to the 1987 Montreal Protocol on
Substances that Deplete the Ozone Layer (‘the Protocol’) decided in 2016 under the
Kigali Amendment29 to implement an HFC phase-down that is to reduce HFC
production and consumption by more than 80 % over the next 30 years. This implies
that each Party must comply with an HFC consumption and production reduction
schedule as well as providing for a licencing system for imports and exports andreporting on HFCs. It is estimated that the Kigali Amendment alone will save up to
0,4°C of additional warming by the end of the century.

(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 thetime after 2030.

(7)

To ensure coherence with the reporting requirements under the Protocol, global
warming potentials of HFCs should be calculated in terms of the 100-year global
warming potential of one kilogram of a gas relative to one kilogram of CO2 based on
the Fourth Assessment Report adopted by the IPCC. For other substances, the mostrecent IPCC Assessment Report should be used. Where available, the 20-year global
warming potential should be provided to better inform about the climate impacts of thesubstances covered by this Regulation.

(8)

The intentional release of fluorinated substances, where unlawful, is a serious
infringement of this Regulation and should be explicitly prohibited; operators andmanufacturers of equipment should be obliged to prevent leakage of such substances
to the extent possible, including through leak checking of the most relevant equipment.

27

IPCC Special Report. Global warming of 1.5 C (August 2021).
Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing
the framework for achieving climate neutrality and amending Regulations (EC) No 401/2009 and (EU)2018/1999 (OJ L 243, 9.7.2021, p. 1).
Council Decision (EU) 2017/1541 of 17 July 2017 on the conclusion, on behalf of the European Union,of the Kigali Amendment to the Montreal Protocol on substances that deplete the ozone layer, (OJ L
236, 14.9.2017, p. 1).

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The Intergovernmental Panel on Climate Change (IPCC) Special report 27 concluded
that emission decreases for fluorinated greenhouse gases of up to 90 % by 2050
globally compared to the year 2015 would be needed. In response to the urgency forclimate action, the Union increased its climate ambition through Regulation (EU)2021/1119 of the European Parliament and of the Council (the European Climate
Law).28 That Regulation establishes a binding net GHG reduction target of at least 55% by 2030 compared to 1990 and climate neutrality by 2050. The Union has alsoenhanced its initial nationally determined contribution under the Paris Agreement fromat least 40 % greenhouse gas emissions reductions by 2030, to at least 55 %. However,
the evaluation of Regulation (EU) No 517/2014 shows that the emission savings
envisaged by 2030 in the context of the outdated Union climate objectives will not be
fully achieved.

2

EN

(9)

Given that the production process for some fluorinated compounds can result insignificant emissions of other fluorinated greenhouse gases produced as by-products,
such by-product emissions should be destroyed or recovered for subsequent use as acondition for the placing of fluorinated greenhouse gases on the market. Producers andimporters should be required to document measures adopted to prevent emissions oftrifluoromethane during the production process.

(10)

To prevent emissions of fluorinated substances, it is necessary to lay down provisions
on the recovery of substances from products and equipment and the prevention ofleakages of such substances. Foams containing fluorinated greenhouse gases should betreated in accordance with Directive 2012/19/EU of the European Parliament and of
the Council.30 Recovery obligations should also be extended to building owners andcontractors when removing certain foams from buildings, in order to maximiseemissions reductions.

(11)

To encourage the use of technologies with no impact or lower impact on the climatethat may involve the use substances that are toxic, flammable or highly pressurized,
the training of natural persons who carry out activities involving fluorinatedgreenhouse gases should cover technologies replacing or reducing the use offluorinated greenhouse gases, including information on energy efficiency aspects andapplicable regulations and technical standards. Certification and training programmes
established under Regulation (EU) No 517/2014, which may be integrated in national
vocational training systems, should be reviewed or adapted enabling technicians tohandle alternative technologies safely.

(12)

The existing prohibitions on specific uses of sulphur hexafluoride, the most climate
damaging substance known, should be retained and be complemented by additional
restrictions on the use in the critical sector of power distribution.

(13)

Where suitable alternatives to the use of specific fluorinated greenhouse gases areavailable, bans should be introduced on the placing on the market of new equipment
for refrigeration, air-conditioning and fire protection that contains fluorinatedgreenhouse gases or whose functioning relies upon those gases. Where alternatives are
not available or cannot be used for technical or safety reasons, or where the use ofsuch alternatives would entail disproportionate costs, it should be possible for theCommission to authorise an exemption to allow the placing on the market of suchproducts and equipment for a limited period.

(14)

For reasons of reducing the indirect impact of the operation of equipment for
refrigeration, air-conditioning on the climate, the maximum energy consumption ofsuch equipment set out in relevant implementing measures adopted under Directive
2009/125/EC of the European Parliament and of the Council 31 should continue to beconsidered as reason for exempting specified types of equipment from the prohibition
to use fluorinated greenhouse gases.

(15)

Non-refillable containers for ozone depleting substances, should be banned,
considering that an amount of refrigerant inevitably remains in these containers when
emptied, which is then released into the atmosphere. In this respect, this Regulation30

Directive 2012/19/EU of the European Parliament and of the Council of 4 July 2012 on waste electricaland electronic equipment (OJ L 197, 24.7.2012, p.38).
Directive 2009/125/EC of the European Parliament and of the Council of 21 October 2009 establishinga framework for the setting of ecodesign requirements for energy-related products (OJ L 285,
31.10.2009, p. 10).

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should prohibit their import, placing on the market, subsequent supply or making
available on the market, use unless for laboratory and analytical uses, and their export.

EN

(16)

In order to facilitate the enforcement of the placing on the market prohibitions and therestriction to products and equipment that contain fluorinated greenhouse gases orwhose functioning relies upon those gases, including when placed on the market incontainers, it is important to establish the necessary labelling requirements for those
goods.

(17)

To implement the Protocol, including the gradual reduction of the quantities of HFCs,
the Commission should continue to allocate quotas to individual producers andimporters for the placing of HFCs on the market, ensuring that the overall quantitative
limit permitted und the Protocol is not exceeded. To protect the integrity of the gradualreduction of the quantities of HFCs placed on the market, HFCs contained inequipment should continue to be accounted for under the quota system.

(18)

Initially, the calculation of reference values and the allocation of quotas to individual
producers and importers was based on the quantities of HFCs that they reported ashaving been placed on the market during the reference period 2009 to 2012. However,in order not to exclude undertakings from entering the market, or expanding theiractivities, a smaller part of the overall maximum quantity should be reserved forimporters and producers who have previously not placed HFCs on the market and forimporters and producers having a reference value that wish to increase their quota
allocation.

(19)

By a triannual recalculation of the reference values and quotas, the Commission
should ensure that undertakings are allowed to continue their activities on the basis of
the average volumes they placed on the market in recent years, also including
undertakings that previously had no reference value.

(20)

Considering the market value of the allocated quota, it is appropriate to claim a pricefor its allocation. This avoids a further fragmentation of the market to the detriment of
those undertakings that are in need of the HFC supply and already dependent on HFC
trade in the declining market. It is assumed that undertakings that decide not to claim
and pay any quota, for which they would be entitled in the year(s) prior to thecalculation of reference values, have decided to leave the market and thus they do not
get a new reference value. The revenue should be used to cover administrative costs.

(21)

To maintain the flexibility of the market in bulk HFCs, it should be possible to transfer
quotas from undertakings that have received a reference value to other producers orimporters in the Union or to other producers or importers which are represented in theUnion by an only representative.

(22)

A central so-called F-gas Portal should be set up and operated by the Commission to
manage quotas for the placing of HFCs on the market, registration of concerned
undertakings, and the reporting on all substances and on all equipment placed on themarket, in particular where the equipment is pre-charged with HFCs that have notbeen placed on the market prior to the charging. To ensure that only genuine operators
are registering in the F-gas Portal, specific conditions should be established. A valid
registration in the F-gas Portal should constitute a license, which is an essential
requirement under the Protocol for the monitoring of trade and preventing illegal
activities in this respect.

(23)

In order to ensure automatic, real-time, customs controls, at shipment level as well as
an electronic exchange and storing of information on all shipments of fluorinated4ENgreenhouse gases and the concerned products and equipment presented to customs it isnecessary to interconnect the F-gas Portal with European Union Single Window
Environment for Customs established by Regulation (EU) No …/… of the European
Parliament and of the Council [the full reference to be inserted once that Regulation
has been adopted].32(24)

To enable the monitoring of the effectiveness of this Regulation, the scope of thereporting obligations should be extended to cover other fluorinated substances thathave significant global warming potential or that are likely to replace the use offluorinated greenhouse gases. For the same reason, the destruction of fluorinatedgreenhouse gases and the importation into the Union of those gases when contained in
products and equipment should also be reported. De minimis thresholds should be set
to avoid disproportionate administrative burden, in particular for small and mediumsized enterprises and micro-enterprises where it does not result in non-compliancewith the Protocol.

(25)

To ensure that reports on substantial quantities of substances are accurate and that thequantities of HFCs contained in pre-charged equipment are accounted for under theUnion quota system, third party verification should be required.

(26)

The use of consistent, high-quality data to report on fluorinated greenhouse gas
emissions is essential to ensuring the quality of emissions reporting under the United
Nations Framework Convention on Climate Change. The establishment of reporting
systems by Member States of emissions of fluorinated greenhouse gases would
provide coherence with Regulation (EU) 2018/1999 of the European Parliament and of
the Council33. Data on leakage of fluorinated greenhouse gases from equipment
collected by companies under this Regulation could significantly improve thoseemission reporting systems. In that way, it should lead to a better estimation ofemissions of fluorinated greenhouse gases in the national greenhouse gases
inventories.

(27)

In order to facilitate customs controls, it is important to specify the information to besubmitted to customs authorities in cases of imports and exports of the gases andproducts covered by this Regulation, as well as the tasks for customs authorities when
implementing the prohibitions and restrictions to imports and exports of those
substances and the products and equipment covered by this Regulation.

(28)

Competent authorities of Member States should take all necessary measures, including
confiscation and seizure, in order to prevent the unlawful entry or exit into and fromthe Union of gases and products covered by this Regulation. The re-export of illegallyimported products covered by this Regulation should be prohibited in any event.

(29)

Member States should ensure that customs authorities carrying out controls under thisRegulation have the appropriate resources and knowledge, for example via training
made available to them, and are sufficiently equipped in view of addressing cases ofillegal trade of the gases and products and equipment covered by this Regulation.
Member States should designate those customs offices that meet those conditions andare therefore mandated to carry out customs controls on imports, exports and in casesof transit.

32

Regulation (EU) No …/… of the European Parliament and of the Council establishing the European
Union Single Window Environment for Customs and amending Regulation (EU) No 952/2013 OJ C , ,p. [full reference to be inserted once that Regulation has been adopted]
Regulation (EU) 2018/1999 of the European Parliament and of the Council of 11 December 2018 on the
Governance of the Energy Union and Climate Action (OJ L 328, 21.12.2018, p. 1).

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(30)

Cooperation and exchange of the necessary information between all competentauthorities involved in the implementation of this Regulation, namely customs
authorities, market surveillance authorities, environmental authorities and any othercompetent authorities with inspection functions, amongst Member States and with theCommission, is extremely important for tackling infringements of this Regulation,
notably illegal trade. Due to the confidential nature of the exchange of customs riskrelated information, the Customs Risk Management System should be used for that
purpose.

(31)

In carrying out the tasks assigned to it by this Regulation, and in view of promoting
cooperation and adequate exchange of information between competent authorities andthe Commission in cases of compliance checks and illegal trade in fluorinatedgreenhouse gases, the Commission should be assisted by the European Anti-Fraud
Office (OLAF). OLAF should have access to all necessary information to facilitate theperformance of its tasks.

(32)

The import and export of HFCs as well as products and equipment containing HFCs orwhose functioning relies upon those gases from and to a State not party to the Protocol
should be prohibited as from 2028. The parallel prohibition envisaged under theProtocol as from 2033 has thus been advanced, to ensure that the global HFC
reduction measures of the Kigali Amendment provide the envisaged benefit to theclimate as soon as possible.

(33)

Member States should lay down rules on penalties applicable to infringements of theprovisions of this Regulation and ensure that they are implemented. Those penalties
should be effective, proportionate and dissuasive.

(34)

It is also necessary to provide for administrative penalties of such a level and type that
truly deter violations of this Regulations.

(35)

Serious infringements of this Regulation should also be prosecuted under criminal law,in accordance with Directive 2008/99/EC of the European Parliament and of theCouncil.34(36)

Competent authorities of the Member States, including their environmental authorities,
market surveillance and customs authorities, should carry out checks, on a risk-based
approach, in order to ensure compliance with all provisions of this Regulation. Suchapproach is necessary in order to target the activities representing the highest risk ofillegal trade or unlawful release of fluorinated greenhouse gases covered by thisRegulation. In addition, competent authorities should carry out checks when inpossession of evidence or other relevant information on potential cases of noncompliance. Where relevant and to the extent possible, such information should becommunicated to customs authorities in order to proceed to a risk analysis prior tocontrols, in accordance with Article 47 of Regulation (EU) 952/2013 of the European
Parliament and of the Council.35 It is important to ensure that competent authorities
responsible for following up the issuing of penalties are informed when cases ofinfringements of this Regulation have been established by other competent authorities.

(37)

Whistle-blowers can bring new information to the attention of competent authorities
which may help the competent authorities detect infringements of this Regulation and

34

Directive 2008/99/EC of the European Parliament and of the Council of 19 November 2008 on theprotection of the environment through criminal law (OJ L 328, 6.12.2008, p. 28).
Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down
the Union Customs Code (OJ L 269, 10.10.2013, p. 1).

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enable them to impose penalties. It should be ensured that adequate arrangements arein place to enable whistle-blowers to alert the competent authorities to actual or
potential infringements of this Regulation and to protect the whistle-blowers from
retaliation. For that purpose, it should be provided in this Regulation that Directive(EU) 2019/1937 of the European Parliament and of the Council36 is applicable to thereporting of breaches of this Regulation and to the protection of persons reporting suchbreaches.
(38)

To enhance legal certainty, the applicability, pursuant to this Regulation, of Directive(EU) 2019/1937 to reports of breaches of this Regulation and to the protection of
persons reporting such breaches should be reflected in Directive (EU) 2019/1937. The
Annex to Directive (EU) 2019/1937 should therefore be amended accordingly. It is for
the Member States to ensure that that amendment is reflected in their transposition
measures adopted in accordance with the Directive, although neither the amendment
nor the adaptation of national transposition measures are a condition for theapplicability of Directive (EU) 2019/1937 to the reporting of breaches of thisRegulation and to the protection of reporting persons.

(39)

In implementing this Regulation, the Commission should establish a so-called
Consultation Forum to ensure a balanced participation of Member States’
representatives and representatives of civil society, including environmentalorganisations, representatives of manufacturers, operators and certified persons.

(40)

In order to ensure uniform conditions for the implementation of this Regulation,
implementing powers should be conferred on the Commission as regards evidence tobe provided on the destruction or recovery of trifluoromethane by-production during
the manufacturing of other fluorinated substances; requirements for leak checks; theformat of the records, their establishment and maintenance; minimum requirements forcertification programmes and training attestations; the format of the notification ofcertification and training programmes; exemptions for products and equipment fallingunder a placing on the market prohibition; the format of labels; the determination of
production rights for producers of HFCs; 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 theamount due; the detailed arrangements for the declaration of conformity for precharged equipment and their verification as well as for the accreditation of verifiers;
the smooth functioning of the registry; the authorisation of trade with entities notcovered by the Protocol; the details of the verification of reporting and of theaccreditation of verifiers and the format for submitting reports. Those powers should
be exercised in accordance with Regulation (EU) No 182/2011 of the European
Parliament and of the Council.37(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 theestablishment of a list of products and equipment for which the recovery of gases ortheir destruction is technically and economically feasible and the specification of the36

Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on theprotection of persons who report breaches of Union law (OJ L 305, 26.11.2019, p. 17).
Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011
laying down the rules and general principles concerning mechanisms for control by Member States of
the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p 13).

37

EN

7

EN

technologies to be applied; labelling requirements; the exclusion from quota
requirements of HFCs in accordance with decisions of the Parties to the Protocol;
concerning the amounts due for the allocation of quota and the mechanism to allocate
remaining quotas; additional measures for the monitoring of substances and of
products and equipment placed under temporary storage and customs procedures; therules applicable to the release for free circulation of products and equipment imported
from and exported to any entity not covered by the Protocol; the update of global
warming potentials of listed substances. It is of particular importance that theCommission carry out appropriate consultations during its preparatory work, including
at expert level and that those consultations be conducted in accordance with theprinciples laid down in the Inter-institutional Agreement of 13 April 2016 on Better
Law-Making38. In particular, to ensure equal participation in the preparation ofdelegated acts, the European Parliament and the Council receive all documents at thesame time as Member States' experts, and their experts systematically have access tomeetings of Commission expert groups dealing with the preparation of delegated acts.
(42)

The protection of individuals with regard to the processing of personal data by theMember States is governed by Regulation (EU) 2016/679 of the European Parliamentand of the Council39 and the protection of individuals with regard to the processing of
personal data by the Commission is governed by Regulation (EU) 2018/1725 of theEuropean Parliament and of the Council40 in particular as regards the requirements ofconfidentiality and security of processing, the transfer of personal data from theCommission to the Member States, the lawfulness of processing, and the rights of data
subjects to information, access to and rectification of their personal data.

(43)

The European Data Protection Supervisor was consulted in accordance with Article
42(1) of Regulation (EU) 2018/1725 of the European Parliament and of the Council
and delivered an opinion on [date of delivery of the opinion].

(44)

Since the objectives of this Regulation cannot be sufficiently achieved by the Member
States but can rather, by reason of the transboundary nature of the environmental
problem addressed and the effects of this Regulation on the intra-Union and external
trade, be better achieved at Union level, the Union may adopt measures, in accordancewith the principle of subsidiarity as set out in Article 5 of the Treaty on European
Union. In accordance with the principle of proportionality, as set out in that Article,
this Regulation does not go beyond what is necessary in order to achieve thoseobjectives.

(45)

A number of amendments are to be made to Regulation (EU) No 517/2014. In theinterests of clarity, that Regulation should be repealed and replaced.

(46)

In view of the yearly quota allocation and reporting process set out in this Regulation,
it is appropriate that this Regulation applies as from 1 January [OP please insert theyear following the year of the date of entry into force of this Regulation],38

OJ L 123, 12.5.2016, p. 1.
Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on theprotection of natural persons with regard to the processing of personal data and on the free movement ofsuch data, and repealing Directive 95/46/EC (OJ L 119, 4.5.2016, p. 1).
Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on theprotection of natural persons with regard to the processing of personal data by the Union institutions,bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No
45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39).

39

40

EN

8

EN

HAVE ADOPTED THIS REGULATION:
CHAPTER I
GENERAL PROVISIONS

Article 1
Subject-matter
This Regulation:(a)lays down rules on containment, use, recovery and destruction of fluorinatedgreenhouse gases and on related ancillary measures, and facilitates the safe use ofalternative substances;(b)

imposes conditions on the import, export, placing on the market, further supply anduse of fluorinated greenhouse gases and specific products and equipment containing
fluorinated greenhouse gases or whose functioning relies upon those gases;(c)

imposes conditions on specific uses of fluorinated greenhouse gases;(d)establishes quantitative limits for the placing of hydrofluorocarbons on the market;(e)establishes rules on reporting.
Article 2
Scope

1.

This Regulation applies to the fluorinated greenhouse gases listed in Annexes I, II
and II, whether alone or in a mixture.

2.

This Regulation also applies to products and equipment, and parts thereof, containing
fluorinated greenhouse gases or whose functioning relies upon those gases.
Article 3
Definitions

For the purposes of this Regulation the following definitions apply:
(1)

(2)
(3)

(4)

EN

‘global warming potential’ or ‘GWP’ means the climatic warming potential of agreenhouse gas relative to that of carbon dioxide (‘CO2’), calculated in terms of the
100-year warming potential, unless specified otherwise, of one kilogram of agreenhouse gas relative to one kilogram of CO2, as set out in Annexes I, II, III and
VI or in the case of mixtures, calculated in accordance with Annex VI;‘mixture’ means a fluid composed of two or more substances, at least one of which isa substance listed in Annexes I, II or III;
'tonne(s) of CO2 equivalent’ means a quantity of greenhouse gases expressed as the
product of the weight of the greenhouse gases in metric tonnes and of their global
warming potential;‘hydrofluorocarbons’ or ‘HFCs’ means the substances listed in Annex I, Section 1, or
mixtures containing any of those substances;

9

EN

(5)

(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 theuse of products or equipment manufactured for own use;

(7)

‘import’ means the entry of substances, products and equipment covered by thisRegulation into the customs territory of the Union as far as the territory is covered bya ratification of the 1987 Montreal Protocol on Substances that Deplete the Ozone
Layer and includes temporary storage and the customs procedures referred to in
Articles 201 and 210 of Regulation (EU) 952/2013;(8)‘export’ means the exit from the customs territory of the Union, in so far as theterritory is covered by a ratification of the 1987 Montreal Protocol on Substances that
Deplete the Ozone Layer, of substances, products and equipment;(9)‘hermetically sealed equipment’ means equipment in which all fluorinatedgreenhouse gas containing parts are made tight during its manufacturing process atthe premises of the manufacturer by welding, brazing or a similar permanentconnection, which may include capped valves or capped service ports that allow
proper repair or disposal;(10)‘container’ means a product which is designed primarily for transporting or storing
fluorinated greenhouse gases;(11)'recovery’ means the collection and storage of fluorinated greenhouse gases fromproducts, including containers, and equipment during maintenance or servicing or
prior to the disposal of the products or equipment;(12)‘recycling’ means the reuse of a recovered fluorinated greenhouse gas following abasic cleaning process, including filtering and drying;(13)‘reclamation’ means the reprocessing of a recovered fluorinated greenhouse gas inorder to match the equivalent performance of a virgin substance, taking into accountits intended use;

(14)

‘destruction’ means the process of permanently transforming or decomposing
completely, to the extent possible, a fluorinated greenhouse gas into one or morestable substances that are not fluorinated greenhouse gases;(15)‘decommissioning’ means the removal from operation or usage of a product orequipment, containing fluorinated greenhouse gases, including the final shut-down of
an installation;

(16)

(17)

EN

‘operator‘ means the undertaking exercising actual power over the technicalfunctioning of products and equipment covered by this Regulation or the ownerwhere designated by a Member State as being responsible for the operator’s
obligations in specific cases;‘repair’ means the restoration of damaged or leaking products or equipment that
contain fluorinated greenhouse gases or whose functioning relies upon those gases,
involving a part containing or designed to contain such gases;‘installation’ means joining two or more pieces of equipment or circuits containing
or designed to contain fluorinated greenhouse gases, with a view to assembling asystem in the location where it will be operated, that entails joining together gas
carrying conductors of a system to complete a circuit;

10

EN

(18)

‘maintenance or servicing’ means all activities, excluding recovery in accordancewith Article 8 and leak checks in accordance with Article 4 and Article 10(1), point(b), of this Regulation, that entails opening the circuits containing or designed tocontain fluorinated greenhouse gases, supplying the system with fluorinatedgreenhouse gases, removing one or more pieces of circuit or equipment,
reassembling two or more pieces of circuit or equipment, as well as repairing leaks;(19)‘virgin substances’ means substance which have not previously been used;(20)'stationary’ means not normally in transit during operation and includes moveableroom air-conditioning appliances;(21)‘mobile’ means normally in transit during operation;(22)‘one-component foam’ means a foam composition contained in a single aerosol
dispenser in unreacted or partly reacted liquid state and that expands and hardens
when it leaves the dispenser;(23)‘refrigerated truck’ means a motor vehicle with a mass of more than 3,5 tonnes thatis designed and constructed primarily to carry goods and that is equipped with arefrigeration unit;(24)‘refrigerated trailer’ means a vehicle that is designed and constructed to be towed bya truck or a tractor, primarily to carry goods and that is equipped with a refrigeration
unit;

(25)

‘leakage detection system’ means a calibrated mechanical, electrical or electronic
device for detecting leakage of fluorinated greenhouse gases which, on detection,
alerts the operator;

(26)

EN

‘undertaking’ means any natural or legal person which carries out an activity referred
to in this Regulation;(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 fromits original composition and emissions are insignificant;(28)‘commercial use’ means use for the storage, display or dispensing of products, forsale to end users, in retail and food services;(29)‘fire protection equipment’ means the equipment and systems utilised in fire
prevention or suppression applications and includes fire extinguishers;(30)‘organic Rankine cycle’ means a cycle containing condensable substances converting
heat from a heat source into power for the generation of electric or mechanicalenergy;(31)‘military equipment’ mean arms, munitions and material intended specifically for
military purposes which are necessary for the protection of the essential interests ofthe security of Member States;(32)‘electrical switchgear’ means switching devices and their combination withassociated control, measuring, protective and regulating equipment, and assemblies
of such devices and equipment with associated interconnections, accessories,
enclosures and supporting structures, intended for usage in connection with thegeneration, transmission, distribution and conversion of electric energy;(33)‘multipack centralised refrigeration systems’ means systems with two or morecompressors operated in parallel, which are connected to one or more common

11ENcondensers and to a number of cooling devices such as display cases, cabinets andfreezers, or to chilled store rooms;
(34)

(35)

(36)

‘primary refrigerant circuit of cascade systems’ means the primary circuit in indirect
medium temperature systems where a combination of two or more separate
refrigeration circuits are connected in series such that the primary circuit absorbs thecondenser heat from a secondary circuit for the medium temperature;‘use’ means the utilisation of fluorinated greenhouse gases in the production,
maintenance or servicing, including refilling, of products and equipment, or in otheractivities referred to in this Regulation;‘establishment within the Union’ means for a natural person to have his or her
habitual residence in the Union and for a legal person to have in the Union apermanent business establishment as referred to in Article 5(32) of Regulation (EU)No 952/2013 in the Union.
CHAPTER IICONTAINMENT
Article 4
Prevention of emissions

1.

The intentional release into the atmosphere of fluorinated greenhouse gases listed in
Annexes I and II shall be prohibited where the release is not technically necessary forthe intended use.

2.

Operators and manufacturers of equipment and installations that contain fluorinatedgreenhouse gases listed in Annexes I or II, as well as undertakings in possession ofsuch equipment during its transport or storage, shall take all necessary precautions toprevent the unintentional release of any such gases. They shall take all measures thatare technically and economically feasible to minimise leakage of the gases.

3.

During the production, storage, transport, and transfer from one container or system
to another or to an equipment or installation, of fluorinated greenhouse gases listed in
Annexes I and II, the undertaking shall take all necessary precautions to limit releaseof fluorinated greenhouse gases listed in Annexes I and II to the greatest extent
possible. This paragraph also applies where fluorinated greenhouse gases listed in
Annexes I and II are produced as by-products.

4.

Where a leakage of fluorinated greenhouse gases listed in Annex I or II is detected,
the operators, manufacturers of equipment and installations and the undertakings inpossession of the equipment during its transport, or storage, shall ensure that theequipment or installation is repaired without undue delay.
Where the equipment is subject to leak checks under Article 5(1), and a leak in theequipment has been repaired, the operators shall ensure that the equipment ischecked by a natural person certified in accordance with Article 10 within one monthafter the repair to verify that the repair has been effective.

5.

EN

Without prejudice to Article 11(1), first subparagraph, the placing on the market offluorinated greenhouse gases shall be prohibited, unless producers or importers
provide evidence to the competent authority at the time of such placing, that any
trifluoromethane, produced as a by-product during the manufacturing process,12ENincluding during the manufacturing of feedstock for their production, has been
destroyed or recovered for subsequent use, using best available techniques.
For the purpose of providing that evidence, importers and producers shall draw up adeclaration of conformity and join supporting documentation on the production
facility and the mitigation measures adopted to prevent emissions oftrifluoromethane. 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.
The Commission may, by means of implementing acts, determine the detailed
arrangements relating to the declaration of conformity and supporting documentationreferred to in the second subparagraph. Those implementing acts shall be adopted inaccordance with Article 34(2).
6.

Natural persons carrying out the tasks referred to in Article 10(1), points (a) to (c),shall be certified in accordance with Article 10 and shall take precautionary measures
to prevent leakage of fluorinated greenhouse gases listed in Annexes I and II.
Undertakings carrying out the installation, servicing, maintenance, repair ordecommissioning of the equipment listed in Article 5(2), points (a) to (f), shall becertified in accordance with Article 10 and shall take precautionary measures toprevent leakage of fluorinated greenhouse gases listed in Annexes I and II.
Article 5
Leak checks

1.

Operators of equipment that contains 5 tonnes of CO2 equivalent or more offluorinated greenhouse gases listed in Annex I or 1 kilogram or more of fluorinatedgreenhouse gases listed in Annex II, Section I, not contained in foams, shall ensurethat the equipment is checked for leaks.
Hermetically sealed equipment that contains less than 10 tonnes of CO2 equivalent offluorinated greenhouse gases listed in Annex I or 2 kilograms of fluorinatedgreenhouse 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 aquarter of the maximum allowable pressure.
Electrical switchgear shall not be checked for leaks provided it complies with one of
the following conditions:

2.

EN

(a)

it has a tested leakage rate of less than 0,1 % per year as set out in the technicalspecification of the manufacturer and is labelled accordingly;(b)

it is equipped with a pressure or density monitoring device;(c)

it contains less than 6 kilograms of fluorinated greenhouse gases listed in
Annex I.

Paragraph 1 applies to operators of the following equipment that contains fluorinatedgreenhouse gases listed in Annex I or in Annex II, Section I:(a)stationary refrigeration equipment;(b)stationary air-conditioning equipment;

13

EN

(c)

stationary heat pumps;(d)stationary fire protection equipment;(e)refrigeration units of refrigerated trucks and trailers;(f)organic Rankine cycles.

(g)electrical switchgear.

As regards the equipment referred to in the first subparagraph, points (a) to (f), thechecks shall be carried out by natural persons certified in accordance with the rules
provided for in Article 10.
3.

4.

5.

The leak checks referred to in paragraph 1 shall be carried out with the following
frequency:(a)for equipment that contains less than 50 tonnes of CO2 equivalent offluorinated greenhouse gases listed in Annex I or less than 10 kilograms offluorinated greenhouse gases listed in Annex II, Section I: at least every 12
months; or where a leakage detection system is installed, at least every 24
months;(b)

for equipment that contains 50 tonnes of CO2 equivalent or more, but less than
500 tonnes of CO2 equivalent of fluorinated greenhouse gases listed in Annex I
or between 10 to 100 kilograms of fluorinated greenhouse gases listed in
Annex II, Section I : at least every six months or, where a leakage detection
system is installed, at least every 12 months;(c)for equipment that contains 500 tonnes of CO2 equivalent or more offluorinated greenhouse gases listed in Annex I or more than 100 kilograms offluorinated greenhouse gases listed in Annex II, Section I: at least every threemonths or, where a leakage detection system is installed, at least every six
months.

The obligations set out in paragraph 1 for fire protection equipment as referred to inparagraph 2, point (d), shall be considered to be fulfilled provided the following two
conditions are met:(a)the existing inspection regime meets ISO 14520 or EN 15004 standards; and(b)

the fire protection equipment is inspected as often as is required underparagraph 3.

The Commission may, by means of implementing acts, specify requirements for theleak checks to be carried out in accordance with paragraph 1 for each type ofequipment referred to in paragraph 2 and identify those parts of the equipment most
likely to leak. Those implementing acts shall be adopted in accordance with theexamination procedure referred to in Article 34(2).
Article 6
Leakage detection systems

1.

EN

Operators of the equipment listed in Article 5(2), points (a) to (d), and containing
fluorinated greenhouse gases listed in Annex I in quantities of 500 tonnes of CO2
equivalent or more, shall ensure that the equipment is provided with a leakage
detection system which alerts the operator or a service company of any leakage.

14

EN

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 isprovided with a leakage detection system which alerts the operator or a service
company of any leakage.

3.

Operators of the equipment listed in Article 5(2), points (a) to (d) and (f), that is
subject to paragraphs 1 or 2 shall ensure that leakage detection systems are checked
at least once every twelve months to ensure their proper functioning.

4.

Operators of the equipment listed in Article 5(2), point (g), that is subject toparagraph 2 shall ensure that leakage detection systems are checked at least once
every six years to ensure their proper functioning.
Article 7
Record keeping

1.

2.

Operators of equipment which is required to be checked for leaks pursuant to Article
5(1), shall establish and maintain records for each piece of such equipment
specifying the following information:(a)the quantity and type of gases installed;(b)the quantities of gases added during installation, maintenance or servicing or
due to leakage;(c)whether the quantities of gases have been recycled or reclaimed, including thename and address in the Union of the recycling or reclamation facility and,
where applicable, the certificate number;(d)the quantity of gases recovered;(e)the identity of the undertaking which installed, serviced, maintained and whereapplicable repaired or decommissioned the equipment, including, whereapplicable, the number of its certificate;(f)the dates and results of the checks carried out under Article 5(1), (2) and (3), as
well as the dates and results of any leak repairs;(g)

if the equipment was decommissioned, the measures taken to recover anddispose of the gases.

Unless the records referred to in paragraph 1 are stored in a database set up by thecompetent authorities of the Member States the following rules apply:(a)the operators referred to in paragraph 1 shall keep the records referred to in thatparagraph for at least five years;(b)undertakings carrying out the activities referred to in paragraph 1, point (e), for
operators shall keep copies of the records referred to in paragraph 1 for at least
five years.

The records referred to in paragraph 1 shall be made available, on request, to thecompetent authority of the Member State concerned and to the Commission.
3.

EN

For the purpose of Article 11(5), undertakings supplying fluorinated greenhousegases listed in Annex I and Annex II, Section 1, shall establish records of relevant

15

ENinformation on the purchasers of these fluorinated greenhouse gases including thefollowing details:(a)the numbers of certificates of the purchasers;(b)

the respective quantities of those gases purchased.

The undertakings supplying those gases shall maintain those records for at least five
years.
The undertakings supplying these gases shall make such records available, onrequest, to the competent authority of the Member State concerned and to theCommission.
4.

The Commission may, by means of an implementing act, determine the format of therecords referred to in paragraphs 1 and 3 and specify how they should be establishedand maintained. That implementing act shall be adopted in accordance with theexamination procedure referred to in Article 34(2).
Article 8
Recovery and destruction

1.

Operators of stationary equipment or of refrigeration units of refrigerated trucks andtrailers 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 iscarried out by natural persons that hold the relevant certificates provided for in
Article 10, so and that those gases are recycled, reclaimed or destroyed.
This obligation applies to operators of any of the following equipment:

EN

(a)

the cooling circuits of stationary refrigeration, stationary air-conditioning andstationary heat pump equipment;(b)the cooling circuits of refrigeration units of refrigerated trucks and trailers;(c)stationary equipment that contains fluorinated greenhouse gas-based solvents;(d)stationary fire protection equipment;(e)stationary electrical switchgear.

2.

Any recovered fluorinated greenhouse gases listed in Annex I and Annex II, Section
1, shall not be used for filling or refilling equipment unless the gas has been recycled
or reclaimed.

3.

The undertaking that uses a container with fluorinated greenhouse gases listed in
Annex I and Annex II, Section 1, shall immediately prior to its disposal arrange forthe recovery of any residual gases to make sure they are recycled, reclaimed or
destroyed.

4.

As from 1 January 2024, building owners and contractors shall ensure that during
renovation, refurbishing or demolition activities implying the removal of metal-faced
panels that contain foams with fluorinated greenhouse gases listed in Annex I and
Annex II, Section 1, the emissions are avoided to the extent possible by recovery forreuse or destruction of the foams and the gases contained therein. The recovery shallbe carried out by appropriately qualified natural persons.

5.

As from 1 January 2024, building owners and contractors shall ensure that during
renovation, refurbishing or demolition activities implying the removal of foams in

16ENlaminated boards installed in cavities or built-up structures that contain fluorinatedgreenhouse gases listed in Annex I and Annex II, Section 1, the emissions are
avoided to the extent possible by recovery for reuse or destruction of the foams andthe gases contained therein. The recovery shall be carried out by appropriately
qualified natural persons.
Where recovery of the foams referred to in the first subparagraph is not technicallyfeasible, the building owner or contractor shall draw up documentation providing
evidence for the infeasibility of the recovery in the specific case. Suchdocumentation shall be retained for five years and shall be made available, onrequest, to the competent authorities of a Member State and to the Commission.
6.

Operators of products and equipment not listed in paragraphs 1, 6 and 7 that containfluorinated greenhouse gases listed in Annex I and Annex II, Section 1, shall arrange
for the recovery of the gases, unless it can be established that it is not technicallyfeasible or entails disproportionate costs. The operators shall ensure that the recovery
is carried out by appropriately qualified natural persons, so that the gases arerecycled, reclaimed or destroyed or shall arrange for their destruction without prior
recovery.
The recovery of fluorinated greenhouse gases listed in Annex I and Annex II, Section
1, from air-conditioning equipment in road vehicles outside the scope of Directive
2006/40/EC of the European Parliament and of the Council41 shall be carried out by
appropriately qualified natural persons.
For the recovery of fluorinated greenhouse gases listed in Annex I and Annex II,
Section 1, from air-conditioning equipment in motor vehicles falling within the scopeof Directive 2006/40/EC only natural persons holding at least a training attestation inaccordance with Article 10(2) shall be considered appropriately qualified.

7.

Fluorinated greenhouse gases listed in Annex I, Section 1, and products containing
such gases shall only be destroyed by technologies approved by the Parties to the1987 Montreal Protocol on Substances that Deplete the Ozone Layer (‘the Protocol’)or by technologies not yet approved, but are environmentally equivalent and comply
with Union and national legislation on waste and with additional requirements undersuch legislation.
Other fluorinated greenhouse gases for which destruction technologies have not been
approved, shall only be destroyed by the most environmentally acceptable
destruction technology not entailing excessive costs, and that comply with Union andnational legislation on waste and that additional requirements under such legislation
are met.

EN

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,
Section 1, or destruction of products and equipment containing such gases without
prior recovery of these gases shall be considered technically and economicallyfeasible, specifying, if appropriate, the technologies to be applied.

9.

Member States shall promote the recovery, recycling, reclamation and destruction offluorinated greenhouse gases listed in Annex I and Annex II, Section 1.

41

Directive 2006/40/EC of the European Parliament and of the Council of 17 May 2006 relating toemissions from air conditioning systems in motor vehicles and amending Council Directive
70/156/EEC (OJ L 161, 14.6.2006, p. 12).

17

EN

Article 9
Producer responsibility schemes
Without prejudice to existing Union legislation, Member States shall encourage thedevelopment of producer responsibility schemes for the recovery of fluorinated greenhousegases listed in Annexes I and II and their recycling, reclamation or destruction.
Member States shall inform the Commission on the actions undertaken.
Article 10
Certification and training
1.

EN

Member States shall, on the basis of the minimum requirements referred to inparagraph 5, establish or adapt certification programmes, including evaluation
processes, and ensure that training on practical skills and theoretical knowledge isavailable for natural persons carrying out the following tasks involving fluorinatedgreenhouse gases listed in Annex I and Annex II, Section 1 and other relevantalternatives to fluorinated greenhouse gases:(a)installation, servicing, maintenance, repair or decommissioning of theequipment listed in Article 5(2), points (a) to (g);(b)

leak checks of the equipment referred to Article 5(2), points (a) to (f), as
provided for in Article 5(1);(c)

recovery as provided for in Article 8(1).

2.

Member States shall ensure that training programmes for natural persons recovering
fluorinated greenhouse gases listed in Annex I and Annex II, Section I from airconditioning 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.

3.

The certification programmes and training provided for in paragraphs 1 and 2 shallcover the following,(a)applicable regulations and technical standards;(b)emission prevention;(c)recovery of fluorinated greenhouse gases listed in Annex I and Annex II,
Section 1;(d)safe handling of equipment of the type and size covered by the certificate; and(e)energy efficiency aspects.

4.

Certificates under the certification programmes referred to in paragraph 1 shall be
subject to the condition that the applicant has successfully completed an evaluation
process established in accordance with paragraphs 1, 3 and 5.

5.

The Commission shall, by means of implementing acts, establish the minimum
requirements for certification programmes and training attestations. Those minimum
requirements shall specify, for each type of equipment referred to in paragraphs 1

42

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).

18

EN

and 2, the required practical skills and theoretical knowledge, where appropriate,
differentiating between different activities to be covered, the modalities of thecertification or attestation as well as the conditions for mutual recognition ofcertificates and training attestations. Those implementing acts shall be adopted inaccordance with the examination procedure referred to in Article 34(2).
6.

Member States shall establish or adapt certification programmes on the basis of theminimum requirements referred to in paragraph 5 for undertakings carrying out
installation, servicing, maintenance, repair or decommissioning of the equipment
listed in Article 5(2), points (a) to (f), containing fluorinated greenhouse gases listed
in Annex I and Annex II, Section I, and other relevant alternatives to fluorinatedgreenhouse gases for other parties.

7.

Existing certificates and 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.

8.

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 andtraining programmes.
Member States shall recognise certificates and training attestations issued in anotherMember State in accordance with this Article. They shall not restrict the freedom toprovide services or the freedom of establishment because a certificate was issued inanother Member State.

9.

The Commission may, by means of implementing acts, determine the format of thenotification referred to in paragraph 8. Those implementing acts shall be adopted inaccordance with the examination procedure referred to in Article 34(2).

10.

Any undertaking which assigns a task referred to in paragraph 1 to another
undertaking shall take reasonable steps to ascertain that the latter holds the necessary
certificates for the required tasks referred to in paragraph 1.

11.

Where the obligations under this Article relating to the provision of certification andtraining would impose disproportionate burdens on a Member State because of thesmall size of its population and the consequent lack of demand for such training andcertification, compliance may be achieved through the recognition of certificatesissued in other Member States.
Member States applying this paragraph shall inform the Commission who shallinform other Member States.

12.

EN

This Article shall not prevent Member States from setting up further certification andtraining programmes in respect of equipment other than that referred to in paragraph
1.

19

EN

CHAPTER III
RESTRICTIONS AND CONTROL OF USE
Article 11
Restrictions on placing on the market and sale1.

The placing on the market of products and equipment, including parts thereof, listed
in Annex IV, with an exemption for military equipment, shall be prohibited from thedate specified in that Annex, differentiating, where applicable, according to the typeor global warming potential of the gas contained.
Products and equipment unlawfully placed on the market after the date referred to in
the first subparagraph, shall not be subsequently used or supplied, or made available
to other persons within the Union for payment or free of charge or exported. Suchproducts and equipment may only be stored or transported for subsequent disposal
and for the recovery of the gas prior to the disposal pursuant to Article 8.
Two years 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 productor equipment was placed lawfully on the market prior to the date.

2.

The prohibition set out in paragraph 1, first subparagraph, shall not apply toequipment for which it has been established in ecodesign requirements adopted underDirective 2009/125/EC that due to higher energy efficiency during its operation, its
lifecycle CO2 equivalent emissions would be lower than those of equivalentequipment which meets relevant ecodesign requirements.

3.

In addition to the placing on the market prohibition set out in Annex IV, point 1, theimport, placing on the market, any subsequent supply, or making available to otherpersons within the Union for payment or free of charge, use or export of nonrefillable containers for fluorinated greenhouse gases listed in Annex I and Annex II,
Section 1, 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.
The paragraph applies to:

4.

EN

(a)

containers which cannot be refilled without being adapted for that purpose(non-refillable); and(b)containers that could be refilled but are imported or placed on the market
without provision having been made for their return for refilling.

Following a substantiated request by a competent authority of a Member State andtaking 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, including parts thereof, containing fluorinated greenhouse gases or whosefunctioning relies upon those gases, where it is demonstrated that:

20

EN

(a)

for a specific product or a piece of equipment, or for a specific category of
products or equipment, alternatives are not available, or cannot be used fortechnical or safety reasons; or(b)

the use of technically feasible and safe alternatives would entail
disproportionate costs.

Those implementing acts shall be adopted in accordance with the examination
procedure referred to in Article 34(2).
5.

Only undertakings that hold a certificate required under Article 10(1), point (a) or the
training attestation required under Article 10(2), or undertakings that employ persons
holding such a certificate or a training attestation shall be allowed to purchasefluorinated greenhouse gases listed in Annex I or Annex II, Section 1, for the
purpose of carrying out the installation, servicing, maintenance or repair of theequipment containing those gases, or whose functioning relies upon those gases,
referred to in Article 5(2), points (a) to (g), and Article 10(2).
This paragraph shall not prevent non-certified undertakings, who do not carry out
such activities, from collecting, transporting or delivering fluorinated greenhousegases listed in Annex I and Annex II, Section 1.

6.

Non-hermetically sealed equipment charged with fluorinated greenhouse gases listed
in Annex I and Annex II, Section 1 may only be sold to an end user where evidence
is provided that the installation is to be carried out by an undertaking certified inaccordance with Article 10.
Article 12
Labelling and product and equipment information

1.

EN

The following products and equipment that contain fluorinated greenhouse gases orwhose functioning relies upon those gases listed in Annexes I and II, may only beplaced on the market if they are labelled:(a)refrigeration equipment;(b)

air-conditioning equipment;(c)heat pumps;(d)fire protection equipment;(e)electrical switchgear;(f)

aerosol dispenser that contain fluorinated greenhouse gases, including metereddose inhalers;(g)

all fluorinated greenhouse gas containers;(h)fluorinated greenhouse gas-based solvents;(i)organic Rankine cycles.

2.

Products or equipment subject to an exemption as referred to in Article 11 (4) shallbe labelled accordingly and shall include a reference that those products orequipment may only be used for the purpose for which an exemption under that
Article was granted.

3.

The label required pursuant to paragraph 1 shall indicate the following information:

21

EN

(a)

an indication that the product or equipment contains fluorinated greenhousegases or that its functioning relies upon those gases;(b)

the accepted industry designation for the fluorinated greenhouse gases
concerned or, if no such designation is available, the chemical name;(c)from 1 January 2017, the quantity expressed in weight and in CO2 equivalentof fluorinated greenhouse gases contained in the product or equipment, or thequantity of fluorinated greenhouse gases for which the equipment is designed,
and the global warming potential of those gases.

The label shall indicate the following information, where applicable:

4.

(a)

a reference that the fluorinated greenhouse gases are contained in hermeticallysealed equipment;(b)a reference that the electrical switchgear has a tested leakage rate of less than
0,1 % per year as set out in the technical specification of the manufacturer.

The label required pursuant to paragraph 1 shall be clearly legible and indelible andshall be placed either:(a)adjacent to the service ports for charging or recovering the fluorinatedgreenhouse gas; or(b)on that part of the product or equipment that contains the fluorinatedgreenhouse gas.

The label shall be in the official languages of the Member State in which the good is
to be placed on the market.

EN

5.

Foams and pre-blended polyols that contain fluorinated greenhouse gases listed in
Annexes I and II shall not be placed on the market unless the fluorinated greenhousegases are identified with a label using the accepted industry designation or, if no suchdesignation is available, the chemical name. The label shall clearly indicate that thefoam or pre-blended polyol contains fluorinated greenhouse gases. In the case of
foam boards, that information shall be clearly and indelibly stated on the boards.

6.

Reclaimed or recycled fluorinated greenhouse gases shall be labelled with anindication that the substance has been reclaimed or recycled, information on thebatch number and the name and address of the reclamation or recycling facility in theUnion.

7.

Fluorinated greenhouse gases listed in Annex I and placed on the market for
destruction shall be labelled with an indication that the contents of the container may
only be destroyed.

8.

Fluorinated greenhouse gases listed in Annex I and intended for direct export shall belabelled with an indication that the contents of the container may only be directly
exported.

9.

Fluorinated greenhouse gases listed in Annex I and placed on the market for use inmilitary equipment shall be labelled with an indication that the contents of thecontainer may only be used for that purpose.

10.

Fluorinated greenhouse gases listed in Annexes I and II placed on the market foretching of semiconductor material or cleaning of chemicals vapour depositionchambers within the semiconductor manufacturing sector shall be labelled with anindication that the contents of the container may only be used for that purpose.

22

EN

11.

Fluorinated greenhouse gases listed in Annex I and placed on the market forfeedstock use shall be labelled with an indication that the contents of the container
may only be used as feedstock.

12.

Fluorinated greenhouse gases listed in Annex I and placed on the market for
producing metered dose inhalers for the delivery of pharmaceutical ingredients shallbe labelled with an indication that the contents of the container may only be used forthat purpose.

13.

In case of hydrofluorocarbons, the label referred to in paragraphs 7 to 11 shall
include the indication “exempted from quota under Regulation (EU) No …/… [OP:Please add reference to this Regulation]”.
In the absence of the labelling requirements referred to in the first subparagraph andin paragraphs 7 to 11, the hydrofluorocarbons shall be subject to the quota
requirements pursuant to Article 16(1).

14.

In the cases referred to in Annex IV, points 3, 8, 18(b) and (c), 19 and 20, the productshall be labelled with an indication that it may be used only where required by thesafety standard to be specified. In the case referred to in Annex IV, points 20 and 22,
the product shall be labelled with an indication that the product may only be used
where required by the medical application to be specified.

15.

The information referred to in paragraphs 3 and 5 shall be included in instruction
manuals for the products and equipment concerned.
In the case of products and equipment that contain fluorinated greenhouse gases inAnnexes I and II with a global warming potential of 150 or more that information
shall also be included in descriptions used for advertising.

16.

The Commission may, by means of implementing acts, determine the format of thelabels referred to in paragraph 1 and paragraphs 4 to 14. Those implementing acts
shall be adopted in accordance with the examination procedure referred to in Article
34(2).

17.

The Commission is empowered to adopt delegated acts in accordance with Article 32
amending the labelling requirements set out in paragraphs 4 to 14 where appropriate
in view of commercial or technological development.
Article 13
Control of use

1.

The use of sulphur hexafluoride in magnesium die-casting and in the recycling ofmagnesium die-casting alloys is prohibited.

2.

The use of sulphur hexafluoride to fill vehicle tyres is prohibited.

3.

From 1 January 2024, the use of fluorinated greenhouse gases listed in Annex I, witha global warming potential of 2 500 or more, for the servicing or maintenance ofrefrigeration equipment is prohibited.
This paragraph shall not apply to military equipment or equipment intended for
applications designed to cool products to temperatures below - 50 °C.
The prohibition referred to in the first subparagraph shall not apply to the following
categories of fluorinated greenhouse gases until 1 January 2030:

EN

23

EN

(a)

reclaimed fluorinated greenhouse gases listed in Annex I with a global
warming potential of 2 500 or more used for the maintenance or servicing ofexisting refrigeration equipment, provided that they have been labelled inaccordance with Article 12(6);(b)

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
refrigeration equipment 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 theundertaking for which the recovery was carried out as part of maintenance orservicing.

The prohibition referred to in the first subparagraph shall not apply to refrigerationequipment for which an exemption has been authorised in accordance with Article
11(4).
4.

The use of desflurane as inhalation anaesthetic is prohibited as from 1 January 2026,
except when such use is strictly required and no other anaesthetic can be used on
medical grounds. The user shall provide evidence, upon request, on the medical
justification to the competent authority of the Member State and the Commission.
CHAPTER IVPRODUCTION SCHEDULE AND REDUCTION OF THE QUANTITY OF
HYDROFLUOROCARBONS PLACED ON THE MARKET
Article 14
Production of hydrofluorocarbons

EN

1.

The production of hydrofluorocarbons is allowed to the extent that producers havebeen allocated productions rights by the Commission as set out in this Article.

2.

The Commission shall, by means of implementing acts, allocate production rights on
the basis of Annex V for producers that produced hydrofluorocarbons in 2022, basedon data reported under Article 19 of Regulation (EU) No 517/2014. Such
implementing acts shall be adopted in accordance with Article 34(2).

3.

The Commission may, by means of implementing acts, at the request of thecompetent authority of a Member State, amend the implementing acts referred to inparagraph 2 in order to allocate additional production rights to the producers referred
to in paragraph 2 or any other undertakings established in the Union, while
respecting the production limits of the Member State under the Protocol. Such
implementing acts shall be adopted in accordance with Article 34(2).

4.

Three years following the adoption of the implementing acts referred to in paragraph
2, and every three years thereafter, the Commission shall review and amend if
needed these implementing acts, taking into account the changes to the production
rights pursuant to Article 15 during the preceding three years period. Such
implementing acts shall be adopted in accordance with Article 34(2).

24ENArticle 15
Transfer and authorisation of production rights for industrial rationalisation
1.

For the purpose of industrial rationalisation within a Member State, producers may
transfer totally or partially their production rights to any other undertaking in that
Member State, as long as the production limits of Parties under the Protocol arerespected. Transfers shall be approved by the Commission and the relevant
competent authorities and carried out via the F-gas Portal.

2.

For the purpose of industrial rationalisation between Member States, the Commission
may, in agreement with both the competent authority of the Member State in which a
producer’s relevant production is situated, and the competent authority of theMember State in which excess production rights are available, authorise via the F-gas
Portal that producer to exceed its production referred to in Article 14(2) by aspecified amount, considering conditions set out in the Protocol.

3.

The Commission may, in agreement with both the competent authority of theMember State in which a producer’s relevant production is situated and thecompetent authority of the third country Party concerned, authorise a producer tocombine the calculated levels of production referred to in Article 14(2) with thecalculated levels of production allowed to a producer in a third country Party under
the Protocol and that producer’s national legislation for the purpose of industrial
rationalisation with a third country Party, provided that the combined calculated
levels of production by the two producers do not lead to an exceedance of production
rights under the Montreal Protocol and any relevant national legislation is respected.
Article 16
Reduction of the quantity of hydrofluorocarbons placed on the market

1.

The placing on the market of hydrofluorocarbons is only allowed to the extent that
producers and importers have been allocated quotas by the Commission as set out in
Article 17.
Producers and importers shall ensure that the quantities of hydrofluorocarbons theyplace on the market do not exceed their respective quota available to them at the
moment of placing on the market.

2.

EN

Paragraph 1 shall not apply to hydrofluorocarbons that are:(a)imported into the Union for destruction;(b)used by a producer in feedstock applications or supplied directly by a producer
or an importer to undertakings for use in feedstock applications;(c)supplied directly by a producer or an importer to undertakings, for export outof the Union, not contained in products or equipment, where thosehydrofluorocarbons are not subsequently made available to any other party
within the Union, prior to export;(d)supplied directly by a producer or an importer for use in military equipment;(e)supplied directly by a producer or an importer to an undertaking using it for theetching of semiconductor material or the cleaning of chemicals vapour
deposition chambers within the semiconductor manufacturing sector.

25

EN

3.

The Commission is empowered to adopt delegated acts in accordance with Article 32
to amend paragraph 2 and exclude from the quota requirement laid down inparagraph 1 hydrofluorocarbons in accordance with decisions of the Parties to theProtocol.

4.

Following a substantiated request by a competent authority of a Member State andtaking 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 1hydrofluorocarbons for use in specific applications, or specific categories of products
or equipment, where it is demonstrated in the request that:(a)for those particular applications, products or equipment, alternatives are notavailable, or cannot be used for technical or safety reasons; and(b)a sufficient supply of hydrofluorocarbons cannot be ensured without entailingdisproportionate costs.

Those implementing acts shall be adopted in accordance with the examination
procedure referred to in Article 34(2).
5.

The emission of hydrofluorocarbons during production shall be considered as being
placed on the market the year in which they occur.

6.

This Article and Articles 17, 20 to 29 and 31 shall also apply to hydrofluorocarbons
contained in pre-blended polyols.
Article 17
Determination of reference values and allocation of quotas for placinghydrofluorocarbons on the market

1.

By 31 October [OP: Please insert the year of application of this Regulation] andevery three years thereafter, the Commission shall determine reference values for
producers and importers in accordance with Annex VII for the placing on the marketof hydrofluorocarbons.
The Commission shall determine those reference values for all importers andproducers that imported or produced hydrofluorocarbons during the previous three
years, by means of an implementing act determining references values for allimporters and producers. Those implementing acts shall be adopted in accordancewith the examination procedure referred to in 34(2).

2.

An importer or producer may notify the Commission of a permanent succession or
acquisition of the part of its business relevant to this Article, resulting in a change ofthe attribution of its and the legal successor’s reference values.
The Commission may request relevant documentation to this effect. The adjusted
reference values shall be made accessible in the F-gas Portal.

EN3.

By 1 April [OP: Please insert the year of application of this Regulation] and every
three years thereafter, producers and importers may make a declaration for receiving
quotas from the reserve referred in Annex VIII via the F-gas Portal.

4.

By 31 December [PO: Please insert the year of application of this Regulation], andevery year thereafter, the Commission shall allocate quotas for each importer and26

ENproducer for placing hydrofluorocarbons on the market, pursuant to Annex VIII.
Quotas shall be notified via the F-gas Portal to importers and producers.
5.

The allocation of quotas is subject to the payment of the amount due which equals to
three euro for each tonne of CO2 equivalent of quota to be allocated. Importers andproducers 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 thedeadline for completing the payment. The Commission may, by means of
implementing acts, determine the modalities and the detailed arrangements for thepayment of the amount due. Those implementing acts shall be adopted in accordancewith the examination procedure referred to in 34(2).
Importers and producers may pay only for a part of the calculated maximum quota
allocation offered to them. In such a case, these importers and producers shall beallocated the quota corresponding to the payment made by the set deadline.
The Commission shall redistribute the quota for which a payment has not been madeby the set deadline, free of charge, to only those importers and producers that have
paid the total amount due for their calculated maximum quota allocation referred toin the first subparagraph and that have made a declaration referred to in paragraph 3.
This distribution shall be made on the basis of each importer's or producer’s share of
the sum of all the maximum calculated quota offered to and paid for in full by thoseimporters and producers.
The Commission shall be authorised not to fully allocate the maximum quantity
referred to in Annex VII or allocate additional quotas, as contingency for
implementation issues during the allocation period.

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 themechanism 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.

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 7of 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 Regulationand for ensuring compliance with the Protocol. Any revenue remaining after
covering these costs shall be entered into the general budget of the Union.
Article 18
Conditions for registration and receiving quota allocations

1.

EN

Quotas shall only be allocated to producers or importers that have an establishment
within the Union, or which have mandated an only representative with anestablishment within the Union that assumes the full responsibility of complying
with this Regulation. The only representative may be the same as the one mandated27

ENpursuant to Article 8 of Regulation (EC) No 1907/2006 of the European Parliamentand of the Council43.
2.

Only importers and producers that have experience in trading activities of chemicals
for three consecutive years prior to the quota allocation period, shall be allowed tosubmit a declaration referred to in Article 17(3) or receive a quota allocation on thatbasis pursuant to Article 17(4). The importers and producers shall submit evidence tothis effect, on request, to the Commission.

3.

For the purpose of registration in the F-gas Portal, importers and producers shallprovide a physical address where the company is located and from where it conducts
its business. Only one undertaking shall be registered under the same physicaladdress.
For the purpose of submitting a quota declaration pursuant to Article 17(3) andreceiving a quota allocation pursuant to Article 17(4) as well as for the purpose ofdetermining reference values pursuant to Article 17(1), all undertakings that sharethe same beneficial owner, shall be considered as one single undertaking. Only thatsingle undertaking, which is the one registered first in the registry unless indicatedotherwise by the beneficial owner, shall be entitled to a reference value pursuant to
Article 17(1) and a quota allocation pursuant to Article 17(4).
Article 19
Pre-charging of equipment with hydrofluorocarbons

1.

Refrigeration, air conditioning and heat pump equipment charged withhydrofluorocarbons shall not be placed on the market unless hydrofluorocarbons
charged into the equipment are accounted for within the quota system referred to inthis Chapter.

2.

When placing pre-charged equipment as referred to in paragraph 1 on the market,
manufacturers and importers of equipment shall ensure that compliance withparagraph 1 is fully documented and shall draw up a declaration of conformity in thisrespect.
By drawing up the declaration of conformity, manufacturers and importers ofequipment shall assume responsibility for compliance with this paragraph andparagraph 1.
Manufacturers and importers of equipment shall keep this documentation and thedeclaration of conformity for a period of at least five years after the placing on themarket of that equipment and shall make it available, on request, to the competentauthorities of Member States and the Commission.

EN

3.

Where hydrofluorocarbons contained in the equipment referred to in paragraph 1
have not been placed on the market prior to the charging of the equipment, importersof that equipment 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

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).

28

ENpursuant to Article 26 is confirmed, for the preceding calendar year, at a reasonablelevel of assurance by an independent auditor registered in the F-gas Portal.
The independent auditor shall be either:(a)accredited pursuant to Directive 2003/87/EC of the European Parliament and of
the Council44; or,(b)accredited to verify financial statements in accordance with the legislation of
the Member State concerned.

4.

The Commission shall, by means of implementing acts, determine the detailed
arrangements relating to the declaration of conformity referred to in paragraph 2, theverification by the independent auditor and of the accreditation of verifiers. Those
implementing acts shall be adopted in accordance with the examination procedurereferred to in Article 34(2).

5.

Importers of equipment referred to in paragraph 1, which has no establishment in theUnion, 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 ofRegulation (EC) No 1907/2006.

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 theequipment referred to in paragraph 1.
Article 20
The F-gas Portal

1.

The Commission shall set up and ensure the operation of an electronic system for the
management of the quota system, licensing of imports and exports and reporting(‘the F-gas Portal’).

2.

The Commission shall ensure the interconnection of the F-gas Portal with theEuropean Union Single Window Environment for Customs through the European
Union Customs Single Window - Certificate Exchange System established byRegulation (EU) No …/… [the full reference to be inserted once that Regulation has
been adopted].

3.

Member States shall ensure the interconnection of their national single window
environments for customs with the European Union Customs Single Window Certificate Exchange System for the purpose of exchanging information with the Fgas Portal.

4.

Undertakings shall have a valid registration in the F-gas Portal prior to the import orexport of fluorinated greenhouse gases and products and equipment containing
fluorinated greenhouse gases or whose functioning relies upon those gases except incases of temporary storage and for the following activities:
(a)

44

EN

submitting a declaration pursuant to Article 17(3);Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing ascheme for greenhouse gas emission allowance trading within the Community and amending Council
Directive 96/61/EC (OJ L 275, 25.10.2003, p.32).

29

EN

(b)

receiving a quota allocation for the placing on the market ofhydrofluorocarbons in accordance with Article 17(4) or making or receiving aquota transfer in accordance with Article 21(1) or making or receiving an
authorisation to use quota in accordance with Article 21(2) or delegating that
authorisation to use quota in accordance with Article 21(3);(c)

supplying, or receiving hydrofluorocarbons for the purposes listed in points (a)to (e) of Article 16(2);(d)

for carrying out the activities that require reporting under Article 26;(e)for receiving production rights pursuant to Article 14 and for making or
receiving a transfer and an authorisation of production rights referred to in
Article 15;(f)

for verifying reports referred to in Articles 19(3) and 26(8).

Registration shall be valid only once the Commission validates it and for as long as it
is not suspended or revoked by the Commission or withdrawn by the undertaking.
5.

A valid registration in the F-Gas Portal at the moment of import or export constitutes
a licence required under Article 22.

6.

The Commission shall, to the extent necessary, by means of implementing acts,
ensure the smooth functioning of the F-gas Portal. Those implementing acts shall be
adopted in accordance with the examination procedure referred to in Article 34(2).

7.

The competent authorities, including customs authorities, of the Member States shallhave access to the F-gas Portal to enable the implementation of the relevant
requirements and controls. Access to the F-gas Portal by customs authorities shall beensured via the European Union Single Window Environments for Customs.
The Commission and competent authorities of the Member States shall ensure theconfidentiality of the data included in the F-gas Portal.

8.

Any requests by importers and producers for corrections of the information recordedin the F-gas Portal, by themselves, concerning transfers of quota referred to in Article
21(1), authorisations to use quota referred to in Article 21(2) or delegations ofauthorisations referred to in Article 21(3), shall be communicated, with the consent
of all undertakings involved in the transaction, to the Commission without undue
delay and at the latest until 31 March of the year following the year of the recordingof the transfer of quota or the authorisation to use quota and shall be substantiatedwith evidence establishing that it concerns a clerical error.
Notwithstanding the conditions set out in the first subparagraph, requests forcorrections of data that negatively affect the entitlements of other importers andproducers not involved in the underlying transaction shall be refused.
Article 21
Transfer of quotas and authorisation to use quotas for the placing on the market ofhydrofluorocarbons in imported equipment

1.

EN

Any producer or importer for whom a reference value has been determined pursuant
to Article 17(1) may transfer in the F-gas Portal its quota allocation on the basis of
Article 17(4), for all or any quantities, to another producer or importer in the Union

30

EN

or to another producer or importer which is represented in the Union by an only
representative referred to in Article 18(1).
Transferred quota as referred to in the first subparagraph shall not be transferred asecond time.
2.

Any producer or importer for whom a reference value has been determined pursuant
to Article 17(1), may authorize in the F-gas Portal an undertaking in the Union or
represented in the Union by an only representative referred to in Article 19(5), to use
all or part of its quota for the purpose of importing pre-charged equipment referred toin Article 19.
The respective quantities of hydrofluorocarbons shall be deemed to be placed on themarket by the authorising producer or importer at the moment of the authorisation.

3.

Any undertaking receiving authorisations may delegate that authorisation to use
quota received in accordance with paragraph 2 in the F-gas Portal to an undertaking
for the purpose of importing pre-charged equipment referred to in Article 19. A
delegated authorisation shall not be delegated a second time.

4.

Transfers of quota, authorisations to use quota and delegations of authorisations
carried out via the F-gas Portal shall only be valid if the receiving undertaking
accepts it via the F-gas Portal.
CHAPTER V
TRADE
Article 22
Imports and exports

The import and export of fluorinated greenhouse gases and products and equipment
containing those gases or whose functioning relies upon those gases except in cases of
temporary storage, is subject to the presentation of a valid licence to customs authorities
pursuant to Article 20(4).
Fluorinated greenhouse gases imported into the Union shall be considered as virgin gases.
Article 23
Controls of trade1.

Customs authorities and market surveillance authorities shall enforce the prohibitions
and other restrictions set out in this Regulation with regards to imports and exports.

2.

For the purpose of release for free circulation, the undertaking holding quota or
authorisations to use quota as required under this Regulation and registered in the Fgas Portal pursuant to Article 20 shall be the importer indicated in the customs
declaration.
For the purpose of imports, other than release for free circulation, the undertaking
registered in the F-gas Portal pursuant to Article 20 shall be the declarant indicated in
the customs declaration.
For the purpose of exports, the undertaking registered in the F-gas Portal pursuant to
Article 20 shall be the exporter indicated in the customs declaration.

EN

31

EN

3.

In cases of imports of fluorinated greenhouse gases and of products and equipment
containing those gases or whose functioning relies upon those gases the importer, or
where not available the declarant, indicated in the customs declaration or in thetemporary storage declaration, and in cases of exports the exporter indicated in thecustoms declaration, shall provide to customs authorities in the declaration thefollowing, where relevant:(a)the F-gas Portal registration identification number;(b)

the Economic Operators Registration and Identification (EORI) number;(c)the net mass of bulk gases and of gases charged in products and equipment;(d)the commodity code under which the goods are classified;(e)the tonnes of CO2 equivalent of bulk gases and of gases contained in products
or equipment, and parts thereof.

4.

Customs authorities shall verify, in particular, that in cases of release for freecirculation, the importer indicated in the customs declaration has quota or
authorisations to use quota as required by this Regulation before releasing the goods
for free circulation. Customs authorities shall also ensure that in cases of imports theimporter indicated in the customs declaration, or where not available the declarant,
and in cases of exports the exporter, indicated in the customs declaration is registeredin the F-gas Portal pursuant to Article 20.

5.

Where relevant, customs authorities shall communicate information regarding thecustoms clearance of goods to the F-gas Portal via the European Union Single
Window Environment for Customs.

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 thecustoms declaration related to the release for free circulation is submitted, adeclaration of conformity including evidence confirming the arrangements in place
for the return of the container for the purpose of refilling.

7.

Importers of fluorinated greenhouse gases shall make available to customs
authorities, at the time the customs declaration related to the release for freecirculation in the Union is submitted, the evidence referred to in Article 4(5).

8.

The declaration of conformity and the documentation referred to in Article 19(2)shall be made available to customs authorities at the time the customs declaration
related to the release for free circulation in the Union is submitted.

9.

Customs authorities shall verify compliance with the rules on imports and exports set
out in this Regulation when carrying out the controls based on risk analysis in thecontext of Customs Risk Management Framework and in accordance with Article 46
of Regulation (EU) No 952/2013. The risk analysis shall take into account, inparticular, any available information on the likelihood of illegal trade of fluorinatedgreenhouse gases, and the compliance history of the undertaking concerned.

10.

Based on risk analysis, when carrying out physical customs controls of the gases andproducts covered under this Regulation, the customs authority shall, in particular,
verify the following on imports and exports:(a)ENthat the goods presented correspond to those described in the licence and in thecustoms declaration;

32

EN

(b)

that the product or equipment presented does not fall under the restrictions
referred to in Article 11(1) and (3);(c)

that the goods are appropriately labelled in accordance with Article 12 before
releasing the goods for free circulation.

The importer, or where not available the declarant, or exporter shall make theirlicence available to customs authorities during controls in accordance with Article 15
of Regulation (EU) No 952/2013.
11.

Customs authorities or market surveillance authorities shall take all necessary
measures to prevent attempts to import or export the substances and the products
covered under this Regulation that were already not allowed to enter or exit the
territory.

12.

Customs authorities shall confiscate or seize non-refillable containers prohibited bythis Regulation for disposal in accordance with Articles 197 and 198 of Regulation(EU) 952/2013. Market surveillance authorities shall also withdraw or recall from themarket such containers in accordance with Article 16 of Regulation (EU) No
2019/1020 of the European Parliament and the Council45.
For other substances and products and equipment covered by this Regulation,
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.
The re-export of gases and products and equipment that do not comply with thisRegulation is prohibited.

13.

Member States customs authorities shall designate or approve customs offices orother places and shall specify the route to those offices and places, in accordancewith Articles 135 and 267 of Regulation (EU) No 952/2013, for the presentation tocustoms of the fluorinated greenhouse gases listed in Annex I and of the products
and equipment referred to in Article 19 at their entry into or at their exit from thecustoms territory of the Union. Those customs offices or places shall be sufficiently
equipped to carry out the relevant physical controls based on risk analysis, and shallbe knowledgeable on matters related to the prevention of illegal activities by thisRegulation.
Only the designated or approved places and customs offices referred to in the firstsubparagraph shall be authorised to open or end a transit procedure of the gases andproducts or equipment covered by this Regulation.
Article 24
Measures to monitor illegal trade

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 thisRegulation 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
45

EN

Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019 on market
surveillance and compliance of products and amending Directive 2004/42/EC and Regulations (EC) No
765/2008 and (EU) No 305/2011 (OJ L 169, 25.6.2019, p. 1).

33

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storage, or a customs procedure including customs warehousing or free zone procedure or intransit through the customs territory of the Union, on the basis of an evaluation of thepotential risks of illegal trade linked to such movements, including tracing methodologies forgases placed on the market, taking into account the environmental benefits and socioeconomic impacts of such measures.
Article 25
Trade with states or regional economic integration organisations and territories notcovered by the Protocol

EN

1.

Import and export of hydrofluorocarbons and of products and equipment containing,hydrofluorocarbons or whose functioning relies upon those gases from and to any
state or regional economic integration organisation that has not agreed to be boundby the provisions of the Protocol applicable to those gases shall be prohibited as from
1 January from 2028.

2.

The Commission is empowered to adopt delegated acts in accordance with Article 32
to supplement this Regulation by establishing the rules applicable to the release forfree circulation in the Union and export of products and equipment imported fromand exported to any State or regional economic integration organisation subject toparagraph 1, which were produced using hydrofluorocarbons but do not containgases which can be positively identified as hydrofluorocarbons, as well as rules on
the identification of such products and equipment. When adopting those delegating
acts the Commission shall take into account the relevant decisions taken by theParties to the Protocol and, as regards the rules on the identification of such products
and equipment, periodical technical advice given to the Parties to the Protocol.

3.

By way of derogation from paragraph 1, trade with any state or regional economic
integration organisation subject to paragraph 1 in hydrofluorocarbons and equipment
containing hydrofluorocarbons or whose functioning replies upon those gases or
which are produced by means of one or more such gases may be authorised by theCommission, by means of implementing acts, to the extent that the state or regional
economic integration organisation is determined by a meeting of the Parties to theProtocol pursuant to Article 4(8) of the Protocol to be in full compliance with theProtocol and has submitted data to that effect as specified in Article 7 of theProtocol. Those implementing acts shall be adopted in accordance with theexamination procedure referred to in Article 34(2).

4.

Subject to any decision taken under paragraph 2, paragraph 1 shall apply to any
territory not covered by the Protocol in the same way as such decisions apply to any
state or regional economic integration organisation subject to paragraph 1.

5.

Where the authorities of a territory not covered by the Protocol are in full compliancewith the Protocol and have submitted data to that effect as specified in Article 7 of
the Protocol, the Commission may decide, by means of implementing acts, that someor all of the provisions of paragraph 1 of this Article shall not apply in respect of that
territory. Those implementing acts shall be adopted in accordance with theexamination procedure referred to in Article 34(2).

34EN

CHAPTER VIREPORTING AND COLLECTION OF EMISSION DATA
Article 26
Reporting by undertakings
1.

By 31 March [OP: Please insert the year of application of this Regulation], andevery year thereafter, each producer, importer and exporter that produced, imported
or exported hydrofluorocarbons or quantities exceeding one metric tonne or 100
tonnes of CO2 equivalent of other fluorinated greenhouse gases during the preceding
calendar year shall report to the Commission the data specified in Annex IX on eachof those substances for that calendar year. This paragraph shall also apply to all
undertakings receiving quotas pursuant to Article 21(1).
By 31 March [OP: Please insert the year of application of this Regulation], andevery year thereafter, each importer or producer that has been allocated quota
pursuant to Article 17(4), or has received quotas pursuant to Article 21(1) but has notplaced any quantities of hydrofluorocarbons on the market during the preceding
calendar year, shall report to the Commission by submitting a ‘nil-report’.

2.

By 31 March [OP: Please insert the year of application of this Regulation], andevery year thereafter, each undertaking that destroyed hydrofluorocarbons orquantities exceeding one metric tonne or 100 tonnes of CO2 equivalent of otherfluorinated greenhouse gases during the preceding calendar year shall report to theCommission the data specified in Annex IX on each of those substances for thatcalendar year.

3.

By 31 March [[OP: Please insert the year of application of this Regulation], eachundertaking that used 1 000 tonnes of CO2 equivalent or more of fluorinatedgreenhouse 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.

4.

By 31 March [OP: Please insert the year of application of this Regulation], eachundertaking that placed 100 tonnes of CO2 equivalent or more ofhydrofluorocarbons, or 500 tonnes of CO2 equivalent or more of other fluorinatedgreenhouse gases, contained in products or equipment on the market during thepreceding calendar year shall report to the Commission the data specified in Annex
IX on each of those substances for that calendar year.

5.

By 31 March [OP: Please insert the year of application of this Regulation], andevery year thereafter, each undertaking that received any quantities ofhydrofluorocarbons referred to in Article 16(2) shall report to the Commission thedata specified in Annex IX on each of those substances for that calendar year.
By 31 March [OP: Please insert the year of application of this Regulation], andevery year thereafter, each producer or importer that placed on the market
hydrofluorocarbons for the purpose of producing metered dose inhalers for thedelivery of pharmaceutical ingredients shall report to the Commission the data
specified in Annex IX. The manufactures of such metered dose inhalers shall reportto the Commission the data specified in Annex IX on the hydrofluorocarbons
received.

EN

35

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6.

By 31 March [OP: Please insert the year of application of this Regulation], andevery year thereafter, each undertaking that reclaimed quantities exceeding 1 metrictonne or 100 tonnes of CO2 equivalent of fluorinated greenhouse gases shall report to
the Commission the data specified in Annex IX on each of those substances for thatcalendar year.

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 at least 1 000 tonnes of CO2 equivalenthydrofluorocarbons, and where those hydrofluorocarbons have not been placed on
the market prior to the charging of the equipment, shall submit to the Commission averification report issued pursuant to Article 19(3).

8.

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 1 000 tonnes of CO2 equivalent or more of hydrofluorocarbons during
the preceding calendar year shall, in addition, ensure that the veracity of its report isconfirmed, at a reasonable level of assurance, by an independent auditor. The auditor
shall be registered in the F-gas Portal and shall be either:(a)accredited pursuant to Directive 2003/87/EC; or(b)accredited to verify financial statements in accordance with the legislation of
the Member State concerned.

Transactions referred to in Article 16(2), point (c), of shall be verified regardless ofthe quantities involved.
The Commission may request an undertaking to ensure that the veracity of its report
is confirmed at a reasonable level of assurance, by an independent auditor, regardlessof the quantities involved, where needed to confirm its compliance with the rules
under this Regulation.
The Commission may, by means of implementing acts, specify the details of theverification of reports and of the accreditation of verifiers. Those implementing acts
shall be adopted in accordance with the examination procedure referred to in Article
34(2).
9.

All reporting and verification referred to in this Article shall be carried out via the Fgas Portal.
The Commission may, by means of implementing acts, determine the format ofsubmitting the reports referred to in this Article. Those implementing acts shall be
adopted in accordance with the examination procedure referred to in Article 34(2).
Article 27
Collection of emissions data

Member States shall establish reporting systems for the relevant sectors referred to in thisRegulation, with the objective of acquiring emissions data.
Member States shall, where appropriate, enable the recording of the information collected inaccordance with Article 7 via a centralised electronic system.

EN

36

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CHAPTER VII
ENFORCEMENT
Article 28
Cooperation and exchange of information
1.

The competent authorities of Member States, including customs authorities, market
surveillance authorities, environmental authorities and other authorities withinspection functions, shall cooperate with each other, with the competent authoritiesof other Member States, with the Commission, and if necessary, with administrative
authorities of third countries in order to ensure compliance with this Regulation.
When cooperation with customs authorities is needed to ensure a proper
implementation of the customs risk management framework, competent authorities
shall provide all necessary information to customs in accordance with Article 47(2)of Regulation (EU) 952/2013.

2.

When customs authorities, market surveillance authorities or any other competentauthority of a Member State have detected an infringement of this Regulation, thatcompetent authority shall notify the environmental authority or if not relevant anyother authority responsible for the enforcement of penalties in accordance with
Article 31.

3.

Member States shall ensure that their competent authorities are able to efficiently
have access to and exchange between them any information necessary for theenforcement of this Regulation. Such information shall include customs related data,
information on ownership and financial status, any environmental violations, as well
as data recorded in the F-gas Portal.
That information shall also be made available to competent authorities of otherMember States and to the Commission when needed to ensure the enforcement of
this Regulation. Competent authorities shall immediately inform the Commission of
infringements of Article 16(1).

4.

Competent authorities shall alert competent authorities of other Member States when
they detect infringement of this Regulation that may affect more than one Member
State. Competent authorities shall, in particular, inform competent authorities ofother Member States when they detect a relevant product on the market that is notcompliant with this Regulation, to enable that it is seized, confiscated, withdrawn orrecalled from the market for disposal.
The Customs Risk Management System shall be used for the exchange of customs
risk-related information.
Customs authorities shall also exchange any relevant information related toinfringement of the provisions of this Regulation in accordance with Regulation (EC)No 515/97 of the European Parliament and of the Council46 and shall request
assistance from the other Member States and the Commission where relevant.

46

EN

Regulation (EC) No 515/97 of the European Parliament and of the Council of 13 March 1997 on mutual
assistance between the administrative authorities of the Member States and cooperation between thelatter and the Commission to ensure the correct application of the law on customs and agricultural
matters (OJ L 82, 22.3.1997, p. 1).

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Article 29
Obligation to carry out checks
1.

The competent authorities of Member States shall carry out checks to establish
whether undertakings comply with their obligations under this Regulation.

2.

The checks shall be carried out following a risk-based approach, which takes into
consideration in particular, the history of compliance of undertakings, the risk of
non-compliance of a specific product with this Regulation, and any other relevant
information received from the Commission, national customs authorities, market
surveillance authorities and environmental authorities or from competent authoritiesof third countries.
Competent authorities shall also conduct checks when they are in possession ofevidence or other relevant information, including based on substantiated concerns
provided by third parties, concerning potential non-compliance with this Regulation.
The competent authorities of the Member States shall also carry out the checks that
the Commission considers necessary to ensure compliance with this Regulation.

3.

Checks referred to in paragraphs 1 and 2, shall include on-site visits ofestablishments with the appropriate frequency and verification of relevant
documentation and equipment.
Checks shall be carried out without prior warning of the undertaking, except whereprior notification is necessary in order to ensure the effectiveness of the checks.
Member States shall ensure that undertakings afford the competent authorities allnecessary assistance to enable those authorities to carry out the checks provided forby this Article.

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.

5.

At the request of another Member State, a Member State may conduct checks onundertakings suspected of being engaged in the illegal movement of the gases andproducts 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.

6.

In carrying out the tasks assigned to it by this Regulation, the Commission may
request all necessary information from the competent authorities of the Member
States and from undertakings. When requesting information from an undertaking theCommission shall at the same time forward a copy of the request to the competentauthority of the Member State within the territory of which the undertaking’s seat issituated.

7.

The Commission shall take appropriate steps to promote an adequate exchange of
information and cooperation between competent authorities of the Member States
and between competent authorities of the Member States and the Commission. The
Commission shall take appropriate steps to protect the confidentiality of information
obtained under this Article.
Article 30
Reporting of breaches and protection of reporting persons

EN

38

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Directive (EU) 2019/1937 shall apply to the reporting of breaches of this Regulation and theprotection of persons reporting such breaches.
CHAPTER VIIIPENALTIES, CONSULTATION FORUM, COMMITTEE PROCEDURE, AND
EXERCISE OF DELEGATION

Article 31
Penalties
1.

Member States shall lay down the rules on penalties applicable to infringements ofthis Regulation and shall take all measures necessary to ensure that they are
implemented. The penalties provided for shall be effective, proportionate anddissuasive. Member States shall, by 1 January [OP please insert the year = 1 year
following the date of entry into force of this Regulation] notify the Commission of
those rules and of those measures and shall notify it, without delay, of any
subsequent amendment affecting them.

2.

Without prejudice to the obligations of Member States under Directive 2008/99/EC,
Member States shall, in accordance with national law, provide for competentauthorities to have the power to impose appropriate administrative penalties and takeother administrative measures in relation to those infringements.

3.

Member States shall ensure that level and type of penalties are appropriate andproportionate and are applied considering at least to the following criteria:

4.

5.

EN

(a)

the nature and gravity of the infringement;(b)

the intentional or negligent character of the infringement;(c)any previous infringements of this Regulation by the undertaking held
responsible;(d)the financial situation of the undertaking held responsible;(e)the economic benefits derived or expected to be derived from the infringement.

The Member States shall ensure that their competent authorities are able to at least
impose the following penalties in case of infringements of this Regulation:(a)fines;(b)confiscation or seizure of illegally obtained goods or of revenues gained by theundertaking from the infringement;(c)suspension or revocation of the authorisation to carry out activities where thosefall under the scope of this Regulation.

In cases of unlawful production, import, export, placing on the market, or use offluorinated greenhouse gases or of products and equipment containing those gases orwhose functioning relies on those gases, Member States shall envisage maximum
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-39

ENyear period, the Member States shall envisage maximum administrative fines of atleast eight times the value of the gases or products and equipment concerned.
In cases of infringements of Article 4(1), the potential impact on the climate shall bereflected by taking into account the carbon price in the determination of an
administrative fine.
6.

In addition to the penalties referred to in paragraph 1, undertakings that haveexceeded their quota for placing hydrofluorocarbons on the market, allocated inaccordance with Article 17(4) or transferred to them in accordance with Article
21(1), may only be allocated a reduced quota allocation for the allocation period after
the excess has been detected.
The amount of reduction shall be calculated as 200 % of the amount by which thequota was exceeded. If the amount of the reduction is higher than the amount to beallocated in accordance with Article 17(4) as a quota for the allocation period after
the excess has been detected, no quota shall be allocated for that allocation period
and the quota for the following allocation periods shall be reduced likewise until thefull amount has been deducted. The reduction(s) shall be recorded in the F-gas
Portal.
Article 32
Exercise of the delegation

EN

1.

The power to adopt delegated acts is conferred on the Commission subject to theconditions laid down in this Article.

2.

The power to adopt delegated acts referred to in Article 8(8), Article 12(17), Article
16(3), 17(6), Article 24, Article 25(2) and Article 35 shall be conferred on theCommission for an indeterminate period of time [from the date of application of theRegulation].

3.

The delegation of power referred to in Article 8(8), Article 12(17), Article 16(3),Article 17(6), Article 24, Article 25(2) and Article 35 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.

4.

Before adopting a delegated act, the Commission shall consult experts designated byeach Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.

5.

As soon as it adopts a delegated act, the Commission shall notify it simultaneously to
the European Parliament and to the Council.

6.

A delegated act adopted pursuant to in Article 8(8), Article 12(17), Article 16(3),Article 17(6), Article 24, Article 25(2) and Article 35 shall enter into force only if noobjection 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 andthe Council have both informed the Commission that they will not object. That

40

EN

period shall be extended by two months at the initiative of the European Parliament
or of the Council.
Article 33
Consultation ForumThe Commission shall establish a Consultation Forum for providing advice and expertise inrelation to the implementation of this Regulation. The rules of procedure of the Consultation
Forum shall be established by the Commission and shall be published.
Article 34
Committee procedure
1.

The Commission shall be assisted by a committee on fluorinated greenhouse gases.
That committee shall be a committee within the meaning of Regulation (EU) No
182/2011.

2.

Where reference is made to this paragraph, Article 5 of Regulation (EU) No
182/2011 shall apply.
CHAPTER IX
TRANSITIONAL AND FINAL PROVISIONS
Article 35
Review

The Commission is empowered to adopt delegated acts in accordance with Article 32 toamend Annexes I, II III and VI as regards the global warming potential of the listed gases,
where it is necessary in the light of new Assessment Reports adopted by theIntergovernmental Panel on Climate Change or new reports of the Scientific Assessment
Panel (SAP) of the Montreal Protocol.
By 1 January 2033, the Commission shall publish a report on the implementation of thisRegulation.
Article 36
RepealRegulation (EU) No 517/2014 is repealed.
References to Regulation (EU) No 517/2014 shall be construed as references to thisRegulation and shall be read in accordance with the correlation table in Annex X.
Article 37
Amendment to Directive (EU) No 2019/1937

EN

41

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In Part I, Section E, point 2, of the Annex to Directive (EU) No 2019/1937, the following
point is added:
Regulation (EU) No [OP: please insert the number of this Regulation] of the European
Parliament and of the Council on fluorinated greenhouse gases, amending Directive (EU)2019/1937 and repealing Regulation (EU) No 517/2014 [OP: please insert the OJ reference
to this Regulation]’.
Article 38
Entry into force and application
This Regulation shall enter into force on the twentieth day following that of its publication in
the Official Journal of the European Union.
It shall apply from 1 January [OP: Please insert the year following the year of entry into forceof this Regulation].
Articles 20(2), 20(3) and 23(5) shall apply from:(a)[[1 March 2023] date = the application date specified in Regulation of the European
Parliament and of the Council establishing the European Union Single Window
Environment for Customs and amending Regulation (EU) No 952/2013 in the Annex
for the part concerning fluorinated greenhouse gases] for release for free circulationreferred to in Article 201 of Regulation (EU) 952/2013;(b)[[1 March 2025] date = the application date specified in Regulation of the European
Parliament and of the Council establishing the European Union Single Window
Environment for Customs and amending Regulation (EU) No 952/2013 in the Annex
for the part concerning fluorinated greenhouse gases] for import procedures otherthan the one referred to in point (a), and export.

Article 17(5) shall apply from [OP: Please insert the year following the year of theapplication of this Regulation].
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Strasbourg,

For the European Parliament
The President

EN

For the Council
The President

42

EN

LEGISLATIVE FINANCIAL STATEMENT

Contents

EN

1.

FRAMEWORK OF THE PROPOSAL/INITIATIVE ............................................... 44

1.1.

Title of the proposal/initiative .................................................................................... 44

1.2.

Policy area(s) concerned ............................................................................................ 44

1.3.

The proposal/initiative relates to: ............................................................................... 44

1.4.

Objective(s) ................................................................................................................ 44

1.4.1.

General objective(s) ................................................................................................... 44

1.4.2.

Specific (review) objective(s) .................................................................................... 44

1.4.3.

Expected result(s) and impact .................................................................................... 45

1.4.4.

Indicators of performance .......................................................................................... 45

1.5.

Grounds for the proposal/initiative ............................................................................ 46

1.5.1.

Requirement(s) to be met in the short or long term including a detailed timeline forroll-out of the implementation of the initiative .......................................................... 46

1.5.2.

Added value of Union involvement (it may result from different factors, e.g.
coordination gains, legal certainty, greater effectiveness or complementarities). For
the purposes of this point 'added value of Union involvement' is the value resulting
from Union intervention, which is additional to the value that would have beenotherwise created by Member States alone. ............................................................... 48

1.5.3.

Lessons learned from similar experiences in the past ................................................ 48

1.5.4.

Compatibility with the Multiannual Financial Framework and possible synergies
with other appropriate instruments............................................................................. 49

1.5.5.

Assessment of the different available financing options, including scope forredeployment .............................................................................................................. 49

1.6.

Duration and financial impact of the proposal/initiative ........................................... 50

1.7.

Management mode(s) planned ................................................................................... 50

2.

MANAGEMENT MEASURES................................................................................. 50

2.1.

Monitoring and reporting rules .................................................................................. 50

2.2.

Management and control system(s) ........................................................................... 51

2.2.1.

Justification of the management mode(s), the funding implementation mechanism(s),the payment modalities and the control strategy proposed ........................................ 51

2.2.2.

Information concerning the risks identified and the internal control system(s) set up
to mitigate them.......................................................................................................... 51

2.2.3.

Estimation and justification of the cost-effectiveness of the controls (ratio of "control
costs ÷ value of the related funds managed"), and assessment of the expected levelsof risk of error (at payment & at closure) .................................................................. 51

2.3.

Measures to prevent fraud and irregularities .............................................................. 51

3.

ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL/INITIATIVE ............ 52

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3.1.

Heading(s) of the multiannual financial framework and expenditure budget line(s)affected ....................................................................................................................... 52

3.2.

Estimated financial impact of the proposal on appropriations ................................... 53

3.2.1.

Summary of estimated impact on operational appropriations.................................... 53

3.2.2.

Estimated output funded with operational appropriations ......................................... 55

3.2.3.

Summary of estimated impact on administrative appropriations ............................... 56

3.2.4.

Compatibility with the current multiannual financial framework.............................. 58

3.2.5.

Third-party contributions ........................................................................................... 58

3.3.

Estimated impact on revenue ..................................................................................... 59

TOC
1.

FRAMEWORK OF THE PROPOSAL/INITIATIVE

1.1.

Title of the proposal/initiative
Proposal for a Regulation of the European Parliament and of the Council on
fluorinated greenhouse gases repealing Regulation (EU) No 517/2014

1.2.

Policy area(s) concerned
Climate Action
Heading 3 Natural Resources and Environment
Title 9 – Environment and Climate Action

1.3.

The proposal/initiative relates to: a new action
 a new action following a pilot project/preparatory action 47
 the extension of an existing action
 a merger or redirection of one or more actions towards another/a new action

1.4.

Objective(s)1.4.1.

General objective(s)The proposed EU F-gas Regulation is having the general objective to:

1.4.2.

–

Prevent F-gas emissions, thereby contributing to EU climate objectives;–

Ensure compliance regarding obligations related to hydrofluorocarbons (HFCs)
under the Montreal Protocol on substances that deplete the ozone layer.

Specific (review) objective(s)The specific objectives for the review of Regulation (EU) No 517/2014 on
fluorinated greenhouse gases (the F-gas Regulation):
–

47

EN

Achieve additional F-gas emission reductions to contribute more to reaching
the at least minus 55% target by 2030 and carbon neutrality by 2050.

As referred to in Article 58(2)(a) or (b) of the Financial Regulation.

44

EN

1.4.3.

–

Fully align EU rules on F-gases with the Montreal Protocol to prevent noncompliance.

–

Facilitate enhanced implementation and enforcement, the functioning of thequota system and promote training on F-gas alternatives.

–

Improve monitoring and reporting to fill existing gaps and improve process anddata quality for compliance.

–

Improve clarity and internal coherence to support better implementation andunderstanding of the rules.

Expected result(s) and impact
Specify the effects which the proposal/initiative should have on the beneficiaries/groups targeted.

Specific review objective A:
Cumulative emission savings of ca. 40 Million tonnes of CO2 equivalent by 2030 andca. 310 Million tonnes of CO2 equivalent by 2050, in addition to those savings
already anticipated by the current F-gas Regulation. The proposed changes will leadto cost savings overall and in many sub-sectors of the economy and they will
promote innovation and green technologies and some sectors will profit from higher
output, research and employment in the long run.
Specific review objective B:
Full compliance with the Montreal Protocol as regards obligations related tohydrofluorocarbons.
Specific review objective C:
Illegal activities will be reduced, notably due to more precise rules in relation toimports of hydrofluorocarbons as well as a shift from quota allocation for free torequiring a price for the quota allocated (€ 3/ per tonnes of CO2 equivalent). Some of
the new measures will moderately increase the administrative burden for industry
and authorities in Member States. Furthermore, the implementation of quota pricewill reduce the benefit obtained by quota holders from a price difference between the
EU and the world market for hydrofluorocarbons. The implementation of the quota
price will significantly increase the burden on the Commission on top of the alreadyextensive efforts to host, develop, maintain and operate the quota system andimplement the Montreal Protocol licencing requirements for both F-gases and Ozone
depleting substances.
Specific review objective D:
The monitoring will be more comprehensive, making it possible to assess progress aswell as identifying future threats. It will also be more efficient by aligning thresholds
and dates on reporting and verification obligations, as well as digitising the process.
Specific review objective No E:
Better compliance with the Regulation and synergies with other policies.
1.4.4.

Indicators of performance
Specify the indicators for monitoring progress and achievements.

Objective A: Comparing the emission level modelled by 2030 with the actual
emissions as reported under Regulation (EU) No 525/2013;

EN

45

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Objective B: Avoidance of any decision by the Implementing Committee of theMontreal Protocol regarding compliance of the EU and its Member States with
Montreal Protocol’s rules regarding hydrofluorocarbons;
Objective C: Data collected on the workings of the quota system as well as industry
and Member States’ feedback, including their perceived level of illegal activities;
Objective D: Stakeholder and Member States’ feedback on the reporting process andexperience with compliance checking;Objective E: Stakeholder and Member States’ feedback on the perceived clarity andcoherence with other policies.
1.5.

Grounds for the proposal/initiative

1.5.1.

Requirement(s) to be met in the short or long term including a detailed timeline forroll-out of the implementation of the initiative
In 2021, the EU increased its climate ambition through Regulation (EU) 2021/1119(the European Climate Law). This law establishes a binding overall net greenhousegas (GHG) reduction target of at least 55% by 2030 compared to 1990 and climate
neutrality by 2050. The law is based on the 2030 Climate Target Plan48 that
underlines that climate action is required in all sectors and that all policy
instruments relevant for the decarbonisation of our economy must work incoherence. To this end, the Commission has proposed to increase the binding annual
GHG emission targets for Member States from 2021 to 2030 for sectors not coveredby the existing EU Emissions Trading System (ETS) in its proposal to amend
Regulation (EU) 2018/842 (the Effort Sharing Regulation).49
F-gas emissions are highly warming greenhouse gases that count under the national
GHG emission targets for Member States. Today F-gas emissions represent almost
5% of all GHG emissions covered by their targets. The proposed F-gas Regulation
will further support Member States in their efforts to reach their national
greenhouse gas emission targets in the most cost-effective way. The proposed
Regulation is following the same approaches as the current Regulation because it isgenerally considered to be quite effective. Still it would be a missed opportunity to
not exploit an unused potential to further reduce F- gas emissions at moderate costs.
It is also necessary to ensure full compliance with the Kigali Amendment to theMontreal Protocol, which was agreed internationally after the adoption of the current
F-gas Regulation. Finally, there is a need to ensure that the Regulation can be
enforced more effectively and efficiently.
The Regulation is directly appliable in all Member States and will require them toupdate training and certification programmes in line with the revised implementing
acts within 1 years after the date of application of the Regulation. Member States will
also have to adjust their penalties for infringments of the F-gas Regulation within 1
year after the date of applicaton of the Regualtion. The obligations for competentauthorities, including customs and surveillance authorities, are clarified in thereviewed Regulation to improve controls and enforcement.

48

49

EN

Communication from the Commission to the European Parliament, the Council, The European
Economic and Social Committee and the Committee of the Regions Stepping up Europe’s 2030 Climate
ambition Investing in a climate-neutral future for the benefit of our future, COM(2020) 562 final.
Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EU)2018/842 on binding annual greenhouse gas emission reductions by Member States from 2021 to 2030
contributing to climate action to meet commitments under the Paris Agreement, COM(2021) 555 final

46

EN

The European Environemental Agency (EEA) must sligthly adapt their reporting
tool for undertakings reporting on F-gases, due to changes in the reporting
requirements.
The Commission must continue to ensure full implementation of the quota and trade
licencing system for hydrofluorocarbons, which currently covers around 5000
undertakings. Assuming that the proposed Regulation will become applicable from2024 the Commission must ensure the following:2023 - 2024:–

Continuous hosting, operation, maintenance of the F-gas Portal and HFC
Licensing System and developments related to data exchanges between the Fgas Portal and HFC Licensing System and Member States’ customs IT systems
via DG TAXUD’s EU Customs Single Window Exchange System which is acentral component of the European Union Single Window Environment for
Customs as well as appropriate data security measures.

–

Ascertaining the interlinks with the reporting module hosted at EEA andfurther development as needed due to the review, in particular the electroning
verification module.

–

Prepairing IT developments of the F-gas Portal and HFC Licensing System tocomplement the current IT system with new functionalites to implement thechanges envisaged if the proposed Regulation and secondary legislation,
notably the quota payment process and improving links with the ODS
Regulation.

–

Operational and administrative efforts related to preparing changes in quota
allocation and registration requirements, including the collection of revenues.

–

Adoption of the relevant implementing measures.

–

2025:

–

Further development of the F-gas Portal and HFC Licensing System and entry
into operation of the new functionalities.

–

Putting into operation and start of new verfication module.

–

Continuation of tasks related to the data exchanges with the European Union
Single Window Environment for Customs and EEA reporting module.

–

Preparation of and implementation of the new proposed quota allocation andthe process for collecting the revenue.

–

2026 – and later:–

Full implementation of the revised HFC quota system and F-gas Portal and
HFC Licensing System.

–

IT maintaince of the F-gas Portal and HFC Licensing System.

–

A sufficient and stable level of resources is needed to ensure the proper
implementation and functioning of the systems that are required to ensure fullcompliance with the Montreal Protocol.

Considering that quota holders are benefiting from the quota allocated to them, it
appears appropriate that the revenue resulting from the quota price, once available, isused to cover the costs of implementing the system. Moreover, due to the

EN

47

EN

requirements of the Montreal Protocol for both hydrofluorocarbons and ozone
depleting substances (ODS), necessary links to the European Union Single Window
Environment for Customs and facilitation of better enforcement, it is proposed thatthe revenue from quota sale is being used to cover costs related to these required
activities. The remaining revenue is proposed to be returned to the EU Budget as
non-assigned revenue. Until a quota allocation revenue has been generated,
implementation costs will have to be carried by the Commission.
1.5.2.

Added value of Union involvement (it may result from different factors, e.g.
coordination gains, legal certainty, greater effectiveness or complementarities). For
the purposes of this point 'added value of Union involvement' is the value resulting
from Union intervention, which is additional to the value that would have beenotherwise created by Member States alone.
The measures in the Regulation relate to products and equipment which are traded in
the EU single market. The measures also relate to the need to comply with Montreal
Protocol obligations at EU level. It is not only most effective to take these measuresat EU level but it would practically be unfeasible to safeguard Montreal Protocol
compliance through 27 different national rules and trade licensing systems. This is
fully confirmed by the evaluation (Annex 5 of the impact assessment).

1.5.3.

Lessons learned from similar experiences in the past
The current F-gas Regulation was adopted in 2014 and is building on the first F-gas
Regulation from 2006. The evaluation of the current F-gas Regulation shows that it
has been mostly effective.
However, there are some challenges that need to be addressed (see specific review
objectives above). This proposal is targeting these issues with various measures
based on lessons learned.
As regards the implementation of the quota and licencing system, enforcement
challenges and an unsatisfactory level of illegal imports have been posing risks to theenvironmental integrity, the competitiveness of genuine traders and to the reputationof the EU. Moreover, the administration efforts needed by the Commission to
implement the current Regulation were severely underestimated because:–

There was an unforeseen steep increase in quota holders (from 100 to around2000 importers of hydrofluorocarbons).

–

Importers of equipment containing hydrofluorocarbons were included during
the co-decision procedure (additional 3000 undertakings).

–

Illegal imports required many actions, including extensive work to prepare forlinks to the European Union Single Window Environment for Customs.

–

Continuous need to step up IT security.

The Commission has so far redeployed resources and relied on procurement ofservices from the market. However, this is not a sustainable long-term solution
considering that new measures in this proposal are demanding even more resources
for the implementation by the Commission at EU level.

EN

48

EN

1.5.4.

Compatibility with the Multiannual Financial Framework and possible synergies
with other appropriate instruments
The proposal will not demand additional resources from the EU budget. On thecontrary, once the quota price is being collected the quota system will start
generating an annual revenue from the sale of quota that will largely exceed theamounts needed to cover all the expenses for the operation, maintenance anddevelopment of the quota system for hydrofluorocarbons and the trade licensing
required by the Montreal Protocol as well as the necessary links to the European
Union Single Window Environment for Customs.
The substantial residual revenue after having covered these IT and administrative
costs will be entered into the Union budget as non-assigned revenue.
The maximum revenue from the sale of quota (€ 3 per tonnes of CO2 equivalent) is
gradually being reduced from € 125 million in 2024 to € 20 million in 2036, see tablein section 3.3.

1.5.5.

Assessment of the different available financing options, including scope forredeployment
It is proposed that until a revenue from the quota sale will materialise, theCommission will continue ensuring the implementation of the HFC quota system andthe trade licencing systems for HFCs and ODS required under the Montreal Protocol
through redeployment of resources. Once the revenue is available, part of the tasks
relevant for the implementation will be financed by the sale of quota to theundertakings that are using and benefitting from the system.

EN

49

EN

1.6.

Duration and financial impact of the proposal/initiative
 limited duration–  in effect from [DD/MM]YYYY to [DD/MM]YYYY–  Financial impact from YYYY to YYYY for commitment appropriations andfrom YYYY to YYYY for payment appropriations.
 unlimited duration
 Implementation with a start-up period from 2023 to 2025,
 followed by full-scale operation.

1.7.

Management mode(s) planned50
 Direct management by the Commission–  by its departments, including by its staff in the Union delegations;–  by the executive agencies
 Shared management with the Member States Indirect management by entrusting budget implementation tasks to:–  third countries or the bodies they have designated;–  international organisations and their agencies (to be specified);–  the EIB and the European Investment Fund;–  bodies referred to in Articles 70 and 71 of the Financial Regulation;–  public law bodies;–  bodies governed by private law with a public service mission to the extent thatthey provide adequate financial guarantees;–  bodies governed by the private law of a Member State that are entrusted with
the implementation of a public-private partnership and that provide adequate
financial guarantees;–  persons entrusted with the implementation of specific actions in the CFSP
pursuant to Title V of the TEU, and identified in the relevant basic act.
–

If more than one management mode is indicated, please provide details in the ‘Comments’ section.

Comments
For the reporting required in Article 26 of the proposal the EEA is tasked with theimplementation.
2.

MANAGEMENT MEASURES

2.1.

Monitoring and reporting rules
Specify frequency and conditions.

The rules on monitoring and evaluation are described in Articles 26 and 34 of the
proposed F-gas Regulation.
50

EN

Details of management modes and references to the Financial Regulation may be found on the
BudgWeb site:
https://myintracomm.ec.europa.eu/budgweb/EN/man/budgmanag/Pages/budgmanag.aspx

50

ENThe Commission will also continue to monitor and evaluate progress on theapplication of the F-gas Regulation, which requires undertakings subject to thereporting obligations to submit to the Commission an annual report of their activities
under certain thresholds.
EEA will continue to run the Business Data Repository (BDR) through which boththe companies' reports to the Commission are submitted and the Montreal reportingat EU level is carried out.
Finally, the Commission regularly carries out studies on various pertinent aspects of
EU climate policy.
2.2.

Management and control system(s)2.2.1.

Justification of the management mode(s), the funding implementation mechanism(s),the payment modalities and the control strategy proposed
The implementation of this proposal will require the redeployment of humanresources within the Commission (for the preparatory phase 2023-2025) whereas
following the implementation of the new proposed quota allocation, revenue
collection process and collection of revenue, as well as potentially other related
tasks, resources needed to cover the management costs should be funded by therevenues.

2.2.2.

Information concerning the risks identified and the internal control system(s) set up
to mitigate them
Difficulties with timely upgrading of the IT systems.
From the experience gained during the development and operations of the current Fgas Portal and HFC Licencing System, it can be anticipated that a crucial factor for a
successful adjustment will be the timely further development of the system,
including the set-up of the revenue collection system.
To the degree possible, an outsourcing of the revenue collection and related tasks
should be envisaged to minimise risks.
The Commission will continue to ensure that procedures are in place to monitor thedevelopment of the F-gas Portal and HFC Licencing System in light of objectives
relating to planning and costs and to monitor the functioning of the F-gas Portal and
HFC Licencing System, including its integration in the European Union Single
Window Environment for Customs, in light of objectives relating to the technicaloutput, cost-effectiveness, security and quality of service.

2.2.3.

Estimation and justification of the cost-effectiveness of the controls (ratio of "control
costs ÷ value of the related funds managed"), and assessment of the expected levelsof risk of error (at payment & at closure)This proposal does not bring about new significant controls/risks that would not becovered be an existing internal control framework. No specific measures beyond theapplication of the Financial Regulation have been envisaged.

2.3.

Measures to prevent fraud and irregularities
Specify existing or envisaged prevention and protection measures, e.g. from the Anti-Fraud Strategy.

DG CLIMA’s fraud prevention and detection strategy will apply.

EN

51

EN

3.

ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL/INITIATIVE

3.1.

Heading(s) of the multiannual financial framework and expenditure budgetline(s) affected Existing budget lines
In order of multiannual financial framework headings and budget lines.
Budget line

Heading ofmultiannual
financial
framework

Type ofContribution

NumberDiff./Nondiff.[1]from EFTA
countries[2]fromcandidatecountries[3]309 01 01 01

Non-diff.

YES

NO

NO

within themeaning of
Article 21(2)(b)of the Financial
RegulationNO3

09 02 037
7

20 02 06 01
20 02 06 02

Diff.
Non-diff.
Non-diff.

YES
NO
NO

NO
NO
NO

NO
NO
NO

NO
NO
NO

from third
countries New budget lines requested : n/a

EN

52

EN

3.2.

Estimated financial impact of the proposal on appropriations

3.2.1.

Summary of estimated impact on operational appropriations–  The proposal/initiative does not require the use of operational appropriations–  The proposal/initiative requires the use of operational appropriations, as explained below:

DG: CLIMA
Operational appropriations

2023

Commitments(1)

Payments(2)

09 02 03

2024

0,541

(3)

2026

2027

TOTAL

0,410

0,280

0,200

0,200

1,631

0,410

0,280

0,200

0,200

1,631

0,560

0,840

0,840

0,840

0,560

3,640

1,101

1,250

1,120

1,040

0,760

5,271

1,101

1,250

1,120

1,040

0,760

5,271

0,541
Appropriations of an administrative nature financed from the envelope of specific programmes
09 01 01 01

2025

Commitments=1+3

Payments=2+3

Commitments

(4)

0,541

0,410

0,280

0,200

0,200

1,631

TOTAL operational appropriations
Payments
TOTAL appropriations of an administrative naturefinanced from the envelope for specific programmes
TOTAL appropriations underCommitments
HEADING 3 of the multiannual
Payments
financial framework

(5)

0,541
0,560

0,410
0,840

0,280
0,840

0,200
0,840

0,200
0,560

1,631
3,640

(6)
=4+6

1,101

1,250

1,120

1,04

0,76

5,271

=5+6

1,101

1,250

1,120

1,04

0,76

5,271

Commitments= 4+ 6

1,101

1,250

1,120

1,040

0,760

5,271

Payments= 5+ 6

1,101

1,250

1,120

1,040

0,760

5,271

TOTAL appropriations DG CLIMATOTAL appropriations under
HEADINGS 1 to 6of the multiannual financial
framework (Reference amount)

EN

53

EN

Heading of multiannual financial
framework‘Administrative expenditure’

7This section should be filled in using the 'budget data of an administrative nature' to be firstly introduced in the Annex to the Legislative
Financial Statement (Annex V to the internal rules), which is uploaded to DECIDE for interservice consultation purposes.
EUR million (to three decimal places)‘Administrative expenditure’

7

Heading of multiannual financial framework

2023

2024

2025

2026

2027

TOTAL

DG: CLIMA
Human resources (voted budget)
Human resources (external staff paid fromassigned revenues)
Other administrative expenditure
TOTAL DG CLIMA

Appropriations

TOTAL appropriations
under HEADING 7 of themultiannual financial
framework(Totalcommitments =Total payments)

0,785

1,452

1,452

0,942

0,942

5,573

0,008

0,008

0,004

0,510

0,510

1,020

-

-

0,020

0,793

1,460

1,456

1,452

1,452

6,613

0,793

1,460

1,456

1,452

1,452

6,613

EUR million (to three decimal places)
2023

TOTAL appropriations
under HEADINGS 1 to
7 of the multiannual
financial framework

EN

2024

2025

2026

2027

TOTAL

Commitments

1,894

2,710

2,576

2,492

2,212

11,884

Payments

1,894

2,710

2,576

2,492

2,212

11,88454

EN

3.2.2.

Estimated output funded with operational appropriations
Commitment appropriations in EUR million (to three decimal places)
2023

2026

2027

total

Development of the F-gas
Portal and HFC Licensing
System and entry into
operation of the newfunctionalities, including theimplementation of the quota
allocation and sale process

QTM or service
contracts

0,140

EU CSW-CERTEX/EU Single
Window Environment for
Customs51

MoU TAXUD

2

0,280

2

0,280

2

0,280

4

0,560

0,541

Cost

0,000

6

0,410

Cost

0,840

0,000

6

0,840

4

1,101

6

1,250

-

0,560

0,560

3,080

0,200

1,631

0,280
0,200

4

Cost

No

0,140

Cost

No

QTM or service
contracts

Cost

No

Design and further
development of the IT systemof the F-gas Portal and
Licensing System

Cost

No

Averagecost

No

Type[1]TOTALS

2025

OUTPUTSNo

Indicate objectives andoutputs

2024

6

1,120

6

1,040

4

0,760

0

5,271

51

From 2026 onwards an annual maintenance costs of 0,200 EUR million is envisaged to maintain the interconnection with the EU CSW-CERTEX/EU Single Window
Environment for Customs

EN

55

EN

3.2.3.

Summary of estimated impact on administrative appropriations–  The proposal/initiative does not require the use of appropriations of an
administrative nature–  The proposal/initiative requires the use of appropriations of an administrative
nature, as explained below:
EUR million (to three decimal places)
2023

2024

2025

2026

2027

TOTAL

HEADING 7of the multiannual
financial framework
Human resources(voted budget)

0,942

0,942

5,573

0,510

0,510

1,020

0,004

-

-

0,020

1,460

1,456

1,452

1,452

6,613

-

-

-

-

-

-

Other expenditureof an administrative
nature

0,560

0,840

0,840

0,840

0,560

3,640

Subtotaloutside HEADING
7of the multiannual
financial framework

0,560

0,840

0,840

0,840

0,560

3,640

TOTAL

1,353

2,300

2,296

2,292

2,012

10,253

Human resources(external staff paid
from assigned
revenues)
Other administrative
expenditure
Subtotal HEADING
7of the multiannual
financial framework

0,785

1,452

1,452

-

-

-

0,008

0,008

0,793

Outside HEADING
752
of the multiannual
financial framework
Human resources

The appropriations required for human resources and other expenditure of an administrative nature will be met byappropriations from the DG that are already assigned to management of the action and/or have been redeployed within theDG, together if necessary with any additional allocation which may be granted to the managing DG under the annual
allocation procedure and in the light of budgetary constraints.

52

EN

Technical and/or administrative assistance and expenditure in support of the implementation of EU programmes
and/or actions (former ‘BA’ lines), indirect research, direct research.

56

EN3.2.3.1. Estimated requirements of human resources–  The proposal/initiative does not require the use of human resources.
–  The proposal/initiative requires the use of human resources, as explained
below:
Estimate to be expressed in full time equivalent units
2023

2024

2025

2026

2027

5

6

6

6

6

0

6

6
6

6

12

12

 Establishment plan posts (officials and temporary staff)
20 01 02 01 (Headquarters and Commission’s
Representation Offices)
20 01 02 03 (Delegations)
01 01 01 01 (Indirect research)
01 01 01 11 (Direct research)
Other budget lines (specify)
 External staff (in Full Time Equivalent unit: FTE) 53
20 02 01 (AC, END, INT from the ‘global envelope’)
20 02 01 (AC, END, INT from ‘assigned revenues’)
20 02 03 (AC, AL, END, INT and JPD in thedelegations)- at Headquarters

XX 01 xx yy zz 54- in Delegations
01 01 01 02 (AC, END, INT - Indirect research)
01 01 01 12 (AC, END, INT - Direct research)
Other budget lines (specify)
TOTAL

5

12

12

The human resources required will be met by staff from the DG who are already assigned to management of theaction and/or have been redeployed within the DG, together if necessary with any additional allocation which
may be granted to the managing DG under the annual allocation procedure and in the light of budgetary
constraints.

Description of tasks to be carried out:
Officials and temporary staff

Implementation of a tighter phase-down, including on production, alignment withinternational obligations and a more comprehensive and complex legislation onprohibitions

External staff

Assisting on the operational management of the quota and licensing system including
pricing

53

54

EN

AC= Contract Staff; AL = Local Staff; END= Seconded National Expert; INT = agency staff;
JPD= Junior Professionals in Delegations.
Sub-ceiling for external staff covered by operational appropriations (former ‘BA’ lines).

57

EN

3.2.4.

Compatibility with the current multiannual financial framework
The proposal/initiative:–  can be fully financed through redeployment within the relevant heading of theMultiannual Financial Framework (MFF).
The necessary financial resources will be found in the envelope of the LIFE
programme and/or revenue generated by the quota allocation price.
–  requires use of the unallocated margin under the relevant heading of the MFF
and/or use of the special instruments as defined in the MFF Regulation.
..

–  requires a revision of the MFF.
..

3.2.5.

Third-party contributions
The proposal/initiative:–  does not provide for co-financing by third parties–  provides for the co-financing by third parties estimated below:

EN

58

EN

3.3.

Estimated impact on revenue–  The proposal/initiative has no financial impact on revenue.
–  The proposal/initiative has the following financial impact:–

on own resources–

on other revenue–

please indicate, if the revenue is assigned to expenditure lines x
EUR million (to three decimal places)

Budget revenue line:

Appropriations
available forthe current
financial year

Article 6 2 1 1
ProgrammefortheEnvironment and Climate
Action - Assigned revenue

Impact of the proposal/initiative55
2023

2024

2025

2026

2027

-

125,000

125,000

125,000

53,000-For assigned revenue, specify the budget expenditure line(s) affected.

20 02 01 - (AC, END, INT from the ‘global envelope’)
09 01 01 01 - Support expenditure for the Programme for the Environment andClimate Action (LIFE)
09 02 03 – Climate action mitigation and adaptation
Other remarks (e.g. method/formula used for calculating the impact on revenue or any otherinformation).

The budget shall include the revenue generated by the quota allocation price. It is
proposed that the further development, operation, maintenance and IT security of the
HFC quota system – including a new quota sale module – and the F-gas and ODS
licencing system required under the Montreal Protocol as well as necessary links to
the European Union Single Window Environment for Customs and facilitation of
better enforcement will be financed by the revenue collected.
The residual revenue after having covered these IT and administrative costs will beentered into the Union budget as non-assigned revenue.
The maximum revenue from the sale of quota at a price of € 3 per tonne of CO2
equivalent is given in the table below. The actual revenue will be somewhat lower
because a (minor) part of overall quota will still be allocated for free. The split
between paid quota and free quota will not be known in advance, but still it isexpected that a very high share of the maximum quota amount will be allocatedagainst payment. It is proposed that the Commission may change the fixed quota
price if needed due to very specific circumstances.
Maximum estimated annual revenue in million €:55

EN2025 - 2026

125

2027 - 2029

53

As regards traditional own resources (customs duties, sugar levies), the amounts indicated must be net
amounts, i.e. gross amounts after deduction of 20 % for collection costs.

59

EN

EN

2030 - 2032

272033 - 2035

252036 - 2038

20

60

EN

EUROPEAN
COMMISSION

Strasbourg, 5.4.2022
COM(2022) 150 final
ANNEXES 1 to 10

ANNEXESto theProposal for a Regulation of the European Parliament and of the Council
on fluorinated greenhouse gases, amending Directive (EU) 2019/1937 and repealing
Regulation (EU) No 517/2014{SEC(2022) 156 final} - {SWD(2022) 95 final} - {SWD(2022) 96 final} {SWD(2022) 97 final}

EN

EN

ANNEX I
Fluorinated greenhouse gases referred to in Article 2(1)1

GWP (2)20 yearsGWP(3) for
information
purposes
only

Substance
Industrial
designation

Chemical name (Common

Chemicalformulaname)

Section 1: Hydrofluorocarbons (HFCs)
HFC-23

trifluoromethane (fluoroform)

CHF3

14 80012 400

HFC-32

difluoromethane

CH2F2

675

2 690

HFC-41

Fluoromethane (methyl fluoride) CH3F

92

485

HFC-125

pentafluoroethane

CHF2CF3

3 500

6 740

HFC-134

1,1,2,2-tetrafluoroethane

CHF2CHF2

1 100

3 900

HFC-134a

1,1,1,2-tetrafluoroethane

CH2FCF3

1 430

4 140

HFC-143

1,1,2-trifluoroethane

CH2FCHF2

353

1 300

HFC-143a1,1,1 –trifluoroethane

CH3CF3

4 470

7 840

HFC-152

1,2-difluoroethane

CH2FCH2F

53

77,6

HFC-152a1,1 –difluoroethane

CH3CHF2

124

591

HFC-161

Fluoroethane (ethyl fluoride)

CH3CH2F

12

17,4

HFC-227ea

1,1,1,2,3,3,3-heptafluoropropane CF3CHFCF3

3 220

5 850

HFC-236cb

1,1,1,2,2,3-hexafluoropropane

1 340

3 750

CH2FCF2CF3

1

This Annex contains the gases listed therein, whether alone or in a mixture.

2

Based on the Fourth Assessment Report adopted by the Intergovernmental Panel on Climate Change, unlessotherwise indicated.

3

Based on the Sixth Assessment Report adopted by the Intergovernmental Panel on Climate Change, unlessotherwise indicated.
1

HFC-236ea

1,1,1,2,3,3-hexafluoropropane

CHF2CHFCF3

1 370

4 420

HFC-236fa

1,1,1,3,3,3-hexafluoropropane

CF3CH2CF3

9 810

7 450

HFC-245ca

1,1,2,2,3-pentafluoropropane

CH2FCF2CHF2

693

2 680

HFC-245fa

1,1,1,3,3-pentafluoropropane

CHF2CH2CF3

1 030

3 170

HFC-365mfc

1,1,1,3,3-pentafluorobutane

CF3CH2CF2CH3

794

2 920

HFC-43-10mee

1,1,1,2,2,3,4,5,5,5 decafluoropentane

CF3CHFCHFCF2
CF3

1 640

3 960

GWP 100 (3)GWP 20 (3)Substance
Industrial
designation

Chemical name(Common name)Chemical formula

Section 2: Perfluorocarbons (PFCs)

PFC-14

tetrafluoromethane(perfluoromethane,carbon tetrafluoride)

CF4

7 380

5 300

PFC-116

Hexafluoroethane(perfluoroethane)

C2F6

12 400

8 940

PFC-218

octafluoropropane(perfluoropropane)

C3F8

9 290

6 770

PFC-3-1-10(R-31-10)

decafluorobutane(perfluorobutane)

C4F10

10 0007 300

PFC-4-1-12(R-41-12)

dodecafluoropentane(perfluoropentane)

C5F12

9 220

6 680

PFC-5-1-14(R-51-14)

tetradecafluorohexane(perfluorohexane)

CF3CF2CF2CF2CF2CF3

8 620

6 260

PFC-c-318

octafluorocyclobutane(perfluoro
cyclobutane)

C-C4F810 200

7 400

PFC-9-1-18(R-91-18)

Perfluorodecalin

C10F18

7 480

5 480

2

PFC-4-1-14(R-41-14)

perfluoro-2methylpentane

CF3CFCF3CF2CF2CF3
7 370 (4)(*)

25 20018 300(I-C6F14)

Section 3: Other perfluorinated compounds
sulphur hexafluoride

SF6

4

Droste et al. (2019). Trends and Emissions of Six Perfluorocarbons in the Northern and Southern
Hemisphere. Atmospheric Chemistry and Physics. https://acp.copernicus.org/preprints/acp-2019-873/acp2019-873.pdf*

Global warming potential not yet available.
3

ANNEX II
Other fluorinated greenhouse substances referred to in Article 2(1)(5)
Substance
Common name/industrial
designation

Chemical formula

GWP (6)20 yearsGWP(2) for
information
purposes only

Section 1: Unsaturated hydro(chloro)fluorocarbons
HCFC-1224yd(Z)CF3CF=CHCl

0,06(7)(*)

Cis/Trans-1,2-difluoroethylene (HFCCHF=CF2
1132)

0,005

0,017

1,1-difluoroethylene (HFC-1132a)

0,052

0,189

1,1,1,2,3,4,5,5,5(or1,1,1,3,4,4,5,5,5)- CF3CF=CFCFCF3CF3
nonafluoro-4(or2)or(trifluoromethyl)pent-2-ene
CF3CF3C=CFCF2CF3

1 Fn (8)(*)

HFC-1234yf

CF3CF = CH2

0,501

1,81

HFC-1234ze

trans — CHF = CHCF3

1,37

4,94

HFC-1336mzz

CF3CH = CHCF3

17,9

64,3

HCFC-1233zd

CF3CH = CHCl

3,88

14

HCFC-1233xf

CF3CCl = CH2

1 Fn (4)(*)(CF3)2CHOCH2F

195

702

HCFE-235ca2 (enflurane) and isomers CHF2OCF2CHFCl

654

2 320

CH2=CF2

Section 2: fluorinated substances used as inhalation anaesthetics
HFE-347mmz1 (sevoflurane) andisomers

5This Annex contains the gases listed therein, whether alone or in a mixture.

6

Based on the Sixth Assessment Report adopted by the Intergovernmental Panel on Climate Change, unlessotherwise indicated.

7

Tokuhashi, K., T. Uchimaru, K. Takizawa, & S. Kondo (2018): Rate Constants for the Reactions of OH
Radical with the (E)/(Z) Isomers of CF3CF═CHCl and CHF2CF═CHCl. The Journal of Physical Chemistry
A 122:3120–3127.

*

Global warming potential not yet available.

8

Default value, global warming potential not yet available.
4

HCFE-235da2 (isoflurane) andisomers

CHF2OCHClCF3

539

1 930

HFE-236ea2 (desflurane) and isomers CHF2OCHFCF3

2 590

7 020

Section 3: other fluorinated substances
nitrogen trifluoride

NF3

17 40013 400sulfurylfluoride

SO2F2

4 630

7 510

5

ANNEX III
Other fluorinated greenhouse gases referred to in Article 2(1)9Substance
Common name/industrial
designation

Chemical formula

GWP (10)20 years–GWP(2) forinformation
purposes only

Section 1: Fluorinated ethers, ketones and alcohols
HFE-125

CHF2OCF3

14 30013 500

HFE-134 (HG-00)

CHF2OCHF2

6 630

12 700

HFE-143a

CH3OCF3

2 170

616

HFE-245cb2

CH3OCF2CF3

747

2 630

HFE-245fa2

CHF2OCH2CF3

3 060

878

HFE-254cb2

CH3OCF2CHF2

328

1 180

HFE-347 mcc3 (HFE-7000)

CH3OCF2CF2CF3

576

2 020

HFE-347pcf2

CHF2CF2OCH2CF3

980

3 370

HFE-356pcc3

CH3OCF2CF2CHF2

277

995

HFE-449s1 (HFE-7100)

C4F9OCH3

460

1 620

HFE-569sf2 (HFE-7200)

C4F9OC2H5

60,7

219

HFE-7300(CF3)2CFCFOC2H5CF2CF2CF3

405

1 420

n-HFE-7100

CF3CF2CF2CF2OCH3

544

1 920

i-HFE-7100(CF3)2CFCF2OCH3

437

1 540

i-HFE-7200(CF3)2CFCF2OCH2CH3

34,3

124

9

This Annex contains the gases listed therein, whether alone or in a mixture.

10

Based on the Sixth Assessment Report adopted by the Intergovernmental Panel on Climate Change, unlessotherwise indicated.
6

HFE-43-10pcccl24 (Η-Galden 1040x)
CHF2OCF2OC2F4OCHF2
HG-11

3 220

8 720

HFE-236cal2 (HG-10)

CHF2OCF2OCHF2

6 060

11 700HFE-338pccl3 (HG-01)

CHF2OCF2CF2OCHF2

3 320

9 180

HFE-347mmyl(CF3)2CFOCH3

392

1 400

2,2,3,3,3-pentafluoropropan-1-ol

CF3CF2CH2OH

34,3

123

1,1,1,3,3,3-Hexafluoropropan-2-ol(CF3)2CHOH

206

742

HFE-227ea

CF3CHFOCF3

7 520

9 800

HFE-236fa

CF3CH2OCF3

1 100

3 670

HFE-245fal

CHF2CH2OCF3

934

3 170

HFE 263fb2

CF3CH2OCH3

2,06

7,43

HFE-329 mcc2

CHF2CF2OCF2CF3

3 770

7 550

HFE-338 mcf2

CF3CH2OCF2CF3

1 040

3 460

HFE-338mmzl(CF3)2CHOCHF2

3 040

6 500

HFE-347 mcf2

CHF2CH2OCF2CF3

963

3 270

HFE-356 mec3

CH3OCF2CHFCF3

264

949

HFE-356mm1(CF3)2CHOCH3

8,13

29,3

HFE-356pcf2

CHF2CH2OCF2CHF2

831

2 870

HFE-356pcf3

CHF2OCH2CF2CHF2

484

1 730

HFE 365 mcf3

CF3CF2CH2OCH3

1,6

5,77

HFE-374pc2

CHF2CF2OCH2CH3

12,5

45

13,6

49,1

2,2,3,3,4,4,5,5- octafluorocyclopentan- (CF2)4CH (OH)1-ol

71,1,1,3,4,4,4-Heptafluoro-3(trifluoromethyl)butan-2-one

CF3C(O)CF(CF3)2

0,29(11)(*)

Section 2: Other fluorinated compounds
perfluoropolymethylisopropyl-ether(PFPMIE)

CF3OCF(CF3)CF2OCF2OCF3

10 300

7 750

trifluoromethylsulphurpentafluoride

SF5CF318 50013 900

Perfluorocyclopropane

c-C3F69 200 (12)6 850(3)Heptafluoroisobutyronitrile (2,3,3,3tetrafluoro-2-(trifluoromethyl)propanenitrile)

Iso-C3F7CN

2 750

4 580

perfluorotributylamine (PFTBA,
FC43)

C12F27N

8 490

6 340

perfluoro-N-methylmorpholine

C5F11NO

8 800 (13)(*)

Perfluorotripropylamine

C9F21N

9 030

6 750

11

Ren et al. (2019). Atmospheric Fate and Impact of Perfluorinated Butanone and Pentanone. Environ. Sci.
Technol. 2019, 53, 15, 8862–8871

12

WMO et al. (2018). Scientific Assessment of Ozone Depletion.

13

REACH registration dossier. https://echa.europa.eu/registration-dossier/-/registered-dossier/10075/5/1*

Not yet available.
8

ANNEX IV
Placing on the market prohibitions referred to in Article 11(1)Products and equipment
Where relevant, the GWP of mixtures containing fluorinated greenhouse
Date ofgases shall be calculated in accordance with Annex VI, as provided for in prohibition
Article 3, point (1)
(1)

(2)
(3)

Non-refillable containers for fluorinated greenhouse gases listed in
Annex I, empty, partially or fully filled, used to service, maintain or fill
refrigeration, air-conditioning or heat-pump equipment, fire protection
systems or switchgear, or for use as solvents.
Non-confined direct evaporation systems that contain HFCs and PFCs
as refrigerants.
that contain PFCs
Fire protection
equipmentthat contain HFC-23

4 July 2007

4 July 2007
4 July 2007
1 January
2016

that contain or rely on other fluorinated greenhousegases listed in Annex I, except when required to meet 1 January2024
safety standards(4)

Windows for domestic use that contain fluorinated greenhouse gases
listed in Annex I.

4 July 2007

(5)

Other windows that contain fluorinated greenhouse gases listed in
Annex I.

4 July 2008

(6)

Footwear that contains fluorinated greenhouse gases listed in Annex I. 4 July 2006

(7)

Tyres that contain fluorinated greenhouse gases listed in Annex I.

4 July 2007(8)

One-component foams, except when required to meet national safety
standards, that contain fluorinated greenhouse gases listed in Annex Iwith GWP of 150 or more.

4 July 2008

(9)

Aerosol generators marketed and intended for sale to the general public
for entertainment and decorative purposes, as listed in point 40 ofAnnex XVII to Regulation (EC) No 1907/2006, and signal horns, that 4 July 2009
contain HFCs with GWP of 150 or more.

(10)

Domestic refrigerators and freezers that contain HFCs with GWP of
150 or more.

9

1 January
2015

-that contain HFCs with GWP of 2 500 or more.

(11)

1 January
Refrigerators and2020
freezers forcommercial use -that contain HFCs with GWP of 150 or more.
1 January(self-contained2022
equipment)-that contain other fluorinated greenhouse gases with 1 January
GWP of 150 or more.
2024

(12)

Any self-contained refrigeration equipment that contains fluorinated 1 January
greenhouse gases with GWP of 150 or more.
2025

(13)

Stationary refrigeration equipment that contains, or whose functioning
relies upon, HFCs with GWP of 2 500 or more except equipment
intended for application designed to cool products to temperatures
below – 50 °C.

1 January
2020

Stationary refrigeration equipment, that contains, or whose functioning
relies upon, fluorinated greenhouse gases with GWP of 2 500 or more
except equipment intended for application designed to cool products totemperatures below – 50 °C.

1 January
2024

Multipack centralized refrigeration systems for commercial use with a
rated capacity of 40 kW or more that contain, or whose functioning
relies upon, fluorinated greenhouse gases listed in Annex I with GWP
of 150 or more, except in the primary refrigerant circuit of cascadesystems where fluorinated greenhouse gases with a GWP of less than 1
500 may be used.

1 January
2022

Plug-in room air-conditioning equipment (self-contained equipment)
which is movable between rooms by the end user that contain HFCs
with GWP of 150 or more.

1 January
2020

Plug-in room and other self-contained air-conditioning and heat pumpequipment that contain fluorinated greenhouse gases with GWP of 150
or more.

1 January
2025

(14)

(15)

(16)

(17)

(18)

Stationary split air-conditioning and split heat pump equipment :(a)Single split systems containing less than 3 kg of fluorinatedgreenhouse gases listed in Annex I, that contain, or whosefunctioning relies upon, fluorinated greenhouse gases listed in
Annex I with GWP of 750 or more;(b)

Split systems of a rated capacity of up to and including 12 kW
containing, or whose functioning relies upon, fluorinatedgreenhouse gases with GWP of 150 or more, except whenrequired to meet safety standards;(c)Split systems of a rated capacity of more than 12 kW containing,
10

1 January
2025

1 January2027

or whose functioning relies upon, fluorinated greenhouse gaseswith GWP of 750 or more, except when required to meet safety
standards.
(19)

Foams that
-Extruded polystyrene (XPS)
contain HFCs
with GWP of 150
or more, except
when required to-Other foams
meet nationalsafety standards.

1 January
2020
1 January
2023

(20)

Technical aerosols that contain HFCs with GWP of 150 or more, except
1 January
when required to meet national safety standards or when used for2018
medical applications.

(21)

Personal care products (i.e. mousse, creams, foams) containing
fluorinated greenhouse gases.

1 January
2024

(22)

Equipment used for cooling the skin that contain, or whose functioning
relies upon, fluorinated greenhouse gases with GWP of 150 or more
except when used for medical applications.

1 January
2024

(a)

medium voltage switchgear for primary andsecondary distribution up to 24 kV, withinsulating or breaking medium using, or
whose functioning relies upon, gases withGWP of 10 or more, or with GWP of 2000 1 January2026
or more, unless evidence is provided that nosuitable alternative is available based ontechnical grounds within the lower GWP
ranges referred to above;(b)

medium voltage switchgear for primary andsecondary distribution from more than 24
kV and up to 52 kV, with insulating or
breaking medium using, or whosefunctioning relies upon gases with GWP of 1 January
10 or more, or with GWP of more than2030
2000, unless evidence is provided that nosuitable alternative is available based ontechnical grounds within the lower GWP
ranges referred to above;(c)high voltage switchgear from 52 and up to
145 kV and up to 50 kA short circuit current
with insulating or breaking medium using,
1 Januaryor whose functioning relies upon gases with2028
GWP of 10 or more, or with GWP of morethan 2000, unless evidence is provided thatno suitable alternative is available based on(23) Installation andreplacement of thefollowing electricalswitchgear:

11

technical grounds within the lower GWP
ranges referred to above;
(d)

1.

2.

high voltage switchgear of more than 145
kV or more than 50 kA short circuit current
with insulating or breaking medium using,or whose functioning relies upon gases with
1 January
GWP of 10 or more, or with GWP of more
2031
than 2000 unless evidence is provided thatno suitable alternative is available based ontechnical grounds within the lower GWP
ranges referred to above.

Point 1 applies to:(a)containers which cannot be refilled without being adapted for that purpose(non-refillable);(b)containers that could be refilled but are imported or placed on the market
without provision having been made for their return for refilling.

The evidence referred to in point 23, shall include documentation establishing that
following an open call for tender no suitable alternative on technical grounds, given
the demonstrated specificities of the application, was available that could meet theconditions set out in point 23. The documentation shall be kept by the operator for atleast five years and shall be made available to the competent authority of theMember State and to the Commission, upon request.

12

ANNEX V
Production rights for placing hydrofluorocarbons on the market
The calculated levels of production of hydrofluorocarbons, expressed in tonnes of CO2
equivalents, referred to in Article 14 for each producer is:(a)for the period 1 January 2024 to 31 December 2028, 60 % of the annual average of
its production in 2011-2013;(b)from the period 1 January 2029 to 31 December 2033, 30% of the annual average of
its production in 2011-2013;(c)

for the period 1 January 2034 to 31 December 2035, 20% of the annual average of its
production in 2011-2013;(d)for the period 1 January 2036 and thereafter, 15% % of the annual average of its
production in 2011-2013.

For the purpose of this Annex, production means the amount of hydrofluorocarbons produced
minus the amount destroyed by technologies approved by the Parties to the Protocol, andminus the amount entirely used as feedstock in the manufacture of other chemicals, but
including hydrofluorocarbons generated as a by-product, unless not captured or unless thatby-product is destroyed as part of or after the manufacturing process by the producer or
handed over to another undertaking for destruction. No amount reclaimed shall be considered
as production.

13

ANNEX VI
Method of calculating the total GWP of a mixture referred to in Article 3(1)The GWP of a mixture is calculated as a weighted average, derived from the sum of theweight fractions of the individual substances multiplied by their GWP, unless otherwise
specified, including substances that are not fluorinated greenhouse gases.
Σ (Substance X % x GWP) + (Substance Y % x GWP) + ... (Substance N% x GWP), where % is the contribution by weight with a weighttolerance of +/-1 %.
For example: applying the formula to a blend of gases consisting of 60 % dimethyl ether, 10 %HFC-152a and 30 % isobutane:Σ (60 % x 1) + (10 % x 124) + (30 % x 3)
Total GWP = 13,9
The GWP of the following non-fluorinated substances are used to calculate the GWP of
mixtures. For other substances not listed in this annex a default value of 0 applies.

14SubstanceCommon name

GWP 100(14)Industrial
designation

Chemical FormulamethaneCH427,9nitrous oxide

N20

273

dimethyl ether

CH3OCH31(15)methylene chloride

CH2CI211,2

methyl chloride

CH3CL

5,54

chloroform

CHC13

20,6

ethaneR-170

CH3CH30,437

propaneR-290

CH3CH2CH3

0,02butaneR-600

CH3CH2CH2CH3

0,006

isobutane

R-600aCH(CH3)2CH30(16)pentaneR-601

CH3CH2CH2CH2CH30(16)isopentane

R-601a(CH3)2CHCH2CH30(16)ethoxyethane (diethyl
ether)
methyl formate

R-610

CH3CH2OCH2CH3

4(15)

R-611

HCOOCH3

11(17)hydrogen

R-702

H2

6(15)

ammonia

R-717

NH3

0

ethylene

R-1150

C2H4

4(15)

propeneR-1270

C3H6

0(16)

C5H10

0(16)

cyclopentane

14

Based on the Sixth Assessment Report adopted by the Intergovernmental Panel on Climate Change, unlessotherwise indicated.

15

Based on the Fourth Assessment Report adopted by the Intergovernmental Panel on Climate Change

16

WMO et al. (2018). Scientific Assessment of Ozone Depletion, where value is given as <<1

17

WMO et al. (2018). Scientific Assessment of Ozone Depletion.
15

ANNEX VII
MAXIMUM QUANTITIES AND CALCULATION OF REFERENCE VALUES ANDQUOTAS FOR PLACINGHYDROFLUOROCARBONS ON THE MARKET REFERRED TO IN ARTICLE 17(1)

The maximum amount of HFCs allowed to be placed on the Union market in a given
year is set to be the following:
Maximum Quantity
Years
in tonnes CO2 equivalent2024 – 2026

41 701 077

2027 – 2029

17 688 360

2030 – 2032

9 132 097

2033 – 2035

8 445 713

2036 – 2038

6 782 265

2039 – 2041

6 136 732

2042 – 2044

5 491 199

2045 – 2047

4 845 666

2048 onwards

4 200 133

(2)

The 2015 base-value for the maximum quantity is set to be: 176 700 479 tonnes CO2
equivalent(3)

Reference values and quotas for placing hydrofluorocarbons on the market referred
to in Articles 16 and 17 shall be calculated as the aggregated quantities of allhydrofluorocarbons, expressed in tonne(s) of CO2 equivalent rounded to the nearest
tonne.

(4)

Each importer and producer shall receive reference values referred to in Article
17(1), calculated as follows:i) a reference value for placing hydrofluorocarbons on the market based on theannual average of the quantities of hydrofluorocarbons lawfully placed on the market
from 1 January 2015 as reported under Article 19 of Regulation (EU) No 517/2014
and under Article 26 of this Regulation for the years available, not including
quantities of hydrofluorocarbons for the usages referred to in Article 26(5) during thesame period, on the basis of available data.
ii) in addition, for importers and producers that have reported the placing on themarket of hydrofluorocarbons for the usage referred to in Article 26(5), second
subparagraph, a reference value based on the annual average of the quantities of16those hydrofluorocarbons for such usage lawfully placed on the market from 1
January 2020 as reported under Article 19 of Regulation (EU) No 517/2014 and of
Article 26 of this Regulation for the years available, on the basis of available data.

17

ANNEX VIII
Allocation mechanism referred to in Article 17(1)

Determination of the quantity to be allocated to undertakings for which reference
values have been established under Article 17(1).
Each undertaking for which reference values have been established receives quota,
which is calculated as follows:–a quota corresponding to 89 % of the reference value referred to in Annex VII,
point 4(i), 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 equivalent18.

–

in addition, where relevant, a quota corresponding to the reference valuereferred to in Annex VII, point 4(ii), multiplied by the maximum quantity forthe year for which the quota is allocated divided by the maximum quantity forthe year 2024.

In case where after allocating the full amount of quotas as referred to in the second
subparagraph, the maximum quantity is exceeded, all quotas will be reduced
proportionally.
(2)

Determination of the quota to be allocated to undertakings that have submitted adeclaration pursuant to Article 17(3).
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 tobe allocated to undertakings, which have submitted a declaration under Article 17(3).
Each undertaking receives an allocation corresponding to a pro-rata share of thereserve.
The pro-rata share is calculated by dividing 100 by the number of undertakings thathave submitted a declaration.

(3)

18

Penalties established in accordance with Article 31 are taken into account in thecalculations referred to above.

This number is the maximum quantity established for 2015 at the beginning of the phase-down, taking into
account BREXIT.
18

ANNEX IXDATA TO BE REPORTED PURSUANT TO ARTICLE 26
(1)

(2)

Each producer referred to in Article 26(1), first subparagraph, shall report on:(a)the total quantity of each substance listed in Annexes I, II and III it has
produced in the Union, including by-production, differentiating between
amounts captured and not captured, and identifying quantities destroyed, fromsuch production or by-production, of amounts not captured, or if captured,
quantities destroyed prior to their placing on the market, either in the facilitiesof the producer or handed over to other undertakings for destruction, as well as
the undertaking that carried out the destruction:(b)

the main categories of application in which the substance is used;(c)the quantities of each substance listed in Annex I, II and III it has placed on themarket in the Union, specifying separately:–

quantities placed on the market for feedstock uses, including, for HFC-23
only, if after prior capture or without prior capture;–

direct exports;–

producing metered dose inhalers for the delivery of pharmaceutical ingredients;–

use in military equipment;–

use in the etching of semiconductor material or the cleaning of chemicalvapour deposition chambers within the semiconductor manufacturing sector;–

amounts of hydrofluorocarbons produced for uses within the Union exempted
under the Montreal Protocol;(d)any stocks held at the beginning and the end of the reporting period, specifying
if placed on the market or not.

Each importer referred to in Article 26(1), first subparagraph, shall report on:(a)the total quantity of each substance listed in Annex I, II and III it has imported
into the Union, identifying the main categories of application in which thesubstance is used, specifying separately:–amounts imported, not released for free circulation, and re-exported containedin products or equipment by the reporting undertaking;–quantities for destruction, identifying the undertaking carrying out thedestruction;–

feedstock uses, specifying separately amounts of hydrofluorocarbons imported
for feedstock uses, and identifying the feedstock using undertaking–

direct exports, identifying the exporting undertaking;19

–producing metered dose inhalers for the delivery of pharmaceutical ingredients
identifying the producer;–

use in military equipment; identifying the undertaking receiving the quantities
for this use;–

use in the etching of semiconductor material or the cleaning of chemicalvapour deposition chambers within the semiconductor manufacturing sector,
identifying the receiving semiconductor manufacturer;–

amounts of hydrofluorocarbons contained in pre-blended polyols;–

amounts of used, recycled or reclaimed hydrofluorocarbons;–amount of hydrofluorocarbons imported for uses exempted under the Montreal
Protocol;–Quantities of hydrofluorocarbons shall be reported separately for each countryof origin.

(b)

any stocks held at the beginning and the end of the reporting period, specifying
if already placed on the market or not.

(3)

Each exporter referred to in Article 26(1), first subparagraph, shall report on thequantities of each substance listed in Annexes I, II and III that it has exported fromthe Union, specifying if from own production or import or if purchased from other
undertakings within the Union.

(4)

Each undertaking referred to in Article 26(2) shall report on:(a)the quantities of each substance listed in Annexes I, II and III destroyed,
including the quantities of those substances contained in products orequipment;(b)

any stocks of each substance listed in Annexes I, II and III waiting to be
destroyed, including the quantities of those substances contained in products orequipment;(c)the technology used for the destruction of the substances listed in Annexes I, II
and III.

(5)

Each undertaking referred to in Article 26(3) shall report on the quantities of each
substance listed in Annex I used as feedstock.

(6)

Each undertaking referred to in Article 26(4) shall report on:(a)the categories of the products or equipment containing substances listed in
Annexes I, II and III;(b)the number of units;(c)any quantities of each substance listed in Annexes I, II and III contained in the
products or equipment;

20

(d)

(7)

the amount of hydrofluorocarbons charged into the imported equipment,
released for free circulation, for which the hydrofluorocarbons had previously
been exported from the Union and which had been subject to quota limitations
for placing on the Union market. In such case, the report shall also specify theexporting undertaking and the year of export as well as the undertaking having
placed the hydrofluorocarbons on the Union market for the first time and theyear of that placing on the market.

Each undertaking referred to in Article 26(5) shall report on the quantities of each
substance received from importers and producers for destruction, feedstock uses,
direct exports, metered dose inhalers for the delivery of pharmaceutical ingredientsuse in military equipment and use in the etching of semiconductor material or thecleaning of chemical vapour deposition chambers within the semiconductor
manufacturing sector;
The manufacturer of metered dose inhalers for the delivery of pharmaceutical ingredientsshall report on the type of hydrofluorocarbons and the quantities used.

(8)

Each undertaking referred to in Article 26(6) shall report on:(a)the quantities of each substance listed in Annexes I, II and III that it has
reclaimed;(b)

any stocks of each substance listed in Annexes I, II and III waiting to bereclaimed.

21

ANNEX X
Correlation Table
Regulation (EU) No 517/2014

This Regulation

Article 1

Article 1

Article 2(1)Article 2(1), point (a)Article 2(2)Article 3(4)Article 2(3)-(4)-Article 2(5)Article 3(2)Article 2(6)Article 3(1)Article 2(7)Article 3(3)Article 2(8)Article 3(5)Article 2(9)Article 3(36)Article 2(10)Article 3(6)Article 2(11)Article 3(9)Article 2(12)Article 3(10)Article 2(13)Article 11(3) and Annex IV, point 1

Article 2(14)Article 3(11)Article 2(15)Article 3(12)Article 2(16)Article 3(13)Article 2(17)Article 3(14)Article 2(18)Article 3(15)Article 2(19)Article 3(16)Article 2(20)Article 3(17)Article 2(21)Article 3(18)Article 2(22)Article 3(19)Article 2(23)Article 3(20)Article 2(24)Article 3(21)22Article 2(25)Article 3(22)Article 2(26)Article 3(23)Article 2(27)Article 3(24)Article 2(28)-Article 2(29)Article 3(25)Article 2(30)Article 3(26)Article 2(31)Article 3(27)Article 2(32)Article 3(28)Article 2(33)Article 3(29)Article 2(34)Article 3(30)Article 2(35)Article 3(31)Article 2(36)Article 3(32)Article 2(37)Article 3(33)Article 2(38)Article 3(34)Article 2(39)-Article 3(1)-(2)Article 4(1)-(2)Article 3(3)Article 4(4)Article 3(4)Article 4(6)Article 4

Article 5

Article 5

Article 6

Article 6

Article 7

Article 7(1)Article 4(3)Article 7(2)Article 4(5)Article 8(1)Article 8(1)Article 8(2)Article 8(3)Article 8(3)Article 8(4)Article 9

Article 923

Article 10(1)-(4)Article 10(1)-(4)Article 10(5)-Article 10(6)Article 10(6)Article 10(7)Article 10(7)Article 10(8)-Article 10(9)-Article 10(10)Article 10(8)Article 10(11)Article 10(10)Article 10(12)Article 10(5)Article 10(13)Article 10(9)Article 10(14)Article 10(11)Article 10(15)Article 10(12)Article 11(1)Article 11(1), first subparagraphArticle 11(2)Article 11(2)Article 11(3)Article 11(4)Article 11(4)Article 11(5)Article 11(5)Article 11(6)Article 11(6)-Article 12(1)-(12)Article 12(1)-(12)Article 12(13)Article 12(15)Article 12(14)Article 12(16)Article 12(15)Article 12(17)Article 13(1) first subparagraphArticle 13(1)Article 13(1) second subparagraph-Article 13(2)Article 13(2)Article 13(3)-Article 14(1)Article 19(1)24Article 14(2) , first subparagraphArticle 19(2), first subparagraphArticle 14(2), second subparagraphArticle 19(3)Article 14(2) , third subparagraphArticle 19(2), third subparagraphArticle 14(3)Article 19(2), second subparagraphArticle 14(4)Article 19(4)Article 15(1), first subparagraph-Article 15(1), second subparagraphArticle 16(1), first subparagraphArticle 15(2)Article 16(2)Article 15(3)Article 16(6)Article 15(4)Article 16(4)Article 16(1)-Article 16(2)Article 17(3)Article 16(3)Article 17(1)Article 16(4)Article 17(3)Article 16(5)Article 17(4)Article 17(1), first subparagraphArticle 20(1)Article 17(1), second subparagraphArticle 20(4)Article 17(1), third subparagraph-Article 17(2)Article 20(6)Article 17(3)-Article 17(4)Article 20(7)Article 18(1)Article 21(1), first subparagraphArticle 18(2), first subparagraphArticle 21(2)Article 18(2), second subparagraph-Article 18(2), third subparagraphArticle 21(3)Article 19(1), first subparagraphArticle 26(1), first subparagraphArticle 19(2)Article 26(2)25Article 19(3)Article 26(3)Article 19(4)Article 26(4)Article 19(5)Article 26(7)Article 19(6)Article 26(8)Article 19(7)Article 26(9), second subparagraphArticle 19(8)Article 20(7), second subparagraphArticle 20

Article 27

Article 21(1)Article 35, first subparagraphArticle 21(2)-(6)-Article 22

Article 32

Article 23

Article 33

Article 24

Article 34

Article 25

Article 31

Article 26

Article 36

Article 27

Article 38

Annex I

Annex I

Annex II

Annex III

Annex III

Annex IV

Annex IV

Annex VI

Annex V

Annex VII

Annex VI

Annex VIII

Annex VII

Annex IX

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