Council of theEuropean Union
Brussels, 19 October 2023
(OR. en)
14409/23
Interinstitutional File:2022/0099(COD)
ENV 1156
CLIMA 495
CODEC 1934
OUTCOME OF PROCEEDINGS
From:
To:

General Secretariat of the Council
Delegations

No. prev. doc.:
No. Cion doc.:

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Subject:

Proposal for a Regulation of the European Parliament and of the Council
on fluorinated greenhouse gases, amending Directive (EU) 2019/1937 andrepealing Regulation (EU) No 517/2014-

Letter to the Chair of the European Parliament Committee on theEnvironment, Public Health and Food Safety (ENVI)

Following the Permanent Representatives Committee meeting of 18 October 2023 which endorsed
the final compromise text with a view to agreement, delegations are informed that the Presidency
sent the attached letter, together with its Annex, to the Chair of the European Parliament Committee
on the Environment, Public Health and Food Safety (ENVI).

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PE-CONS No/YY – 2022/0099(COD)

REGULATION (EU) 2023/...
OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of ...

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 Committee1,
Having regard to the opinion of the Committee of the Regions2,
Acting in accordance with the ordinary legislative procedure,

1
2

OJ C , , p. .
OJ C , , p. .

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EN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, resource-efficient andcompetitive economy. It reaffirms the Commission’s ambition to ▌make Europe the firstclimate-neutral and zero-pollution continent by 2050 and aims to protect the health and wellbeing of citizens from environment-related risks and impacts, while ensuring a fair and justtransition, leaving no one behind. Furthermore, the EU is committed to ensure the full
implementation of the Regulation (EU) 2021/1119 of the European Parliament and of theCouncil3 (‘European Climate Law’), the 8th Environmental Action Programme, andcommitted to the 2030 Agenda for Sustainable Development and its Sustainable Development
Goals.

3

Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June
2021 the framework for achieving climate neutrality and amending Regulations (EC)No 401/2009 and (EU) 2018/1999 (‘European Climate Law’) (OJ L 243, 9.7.2021, p. 1).

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(2)

Fluorinated greenhouse gases are human-made chemicals that are very strong greenhousegases (‘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’)4. Fluorinated greenhouse gas emissions amount today to
2,5 % of total GHG emissions, in the Union, 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 Council5 was adopted toreverse 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 hydrofluorocarbons(‘HFCs’) has declined by 37 % in metric tonnes and 47 % in terms of tonnes CO2 equivalentfrom 2015 until 2019. There has also been a clear shift to the use of alternatives with lower
global warming potential (‘GWP’) including natural alternatives (for example air, CO2,
ammonia, hydrocarbons, water) in many types of equipment that used fluorinated greenhousegases traditionally.

4
5

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).

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(4)

The Intergovernmental Panel on Climate Change (IPCC) Special report6 concluded thatemission decreases for fluorinated greenhouse gases of up to 90 % by 2050 globallycompared to the year 2015 would be needed. In response to the urgency for climate action, theUnion increased its climate ambition through Regulation (EU) 2021/1119 of the European
Parliament and of the Council (the European Climate Law)7. That Regulation establishes abinding net GHG reduction target of at least 55 % by 2030 compared to 1990 and climate
neutrality by 2050. The Union has also enhanced its initial nationally determined contribution
under the Paris Agreement from at least 40 % greenhouse gas emissions reductions by 2030,
to at least 55 %. However, the evaluation of Regulation (EU) No 517/2014 shows that theemission savings envisaged by 2030 in the context of the outdated Union climate objectives
will not be fully achieved.

6
7

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).

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(5)

Due to rising HFC emissions globally, Parties to the 1987 Montreal Protocol on Substancesthat Deplete the Ozone Layer (‘the Protocol’) decided in 2016 under the Kigali Amendment8
to implement an HFC phase-down that is to reduce HFC production and consumption bymore 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 and reporting 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, withregards 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 the time after 2030.

8

Council Decision (EU) 2017/1541 of 17 July 2017 on the conclusion, on behalf of theEuropean 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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(6a) Some fluorinated greenhouse gases subject to this Regulation are Per- and PolyfluorinatedSubstances (PFAS) or are proven to or suspected to degrade into PFAS. PFAS arechemicals which resist degradation and potentially have negative effects on health and theenvironment. In line with the precautionary principle, undertakings should consider using,where available, alternatives which are less harmful for the health, environment and theclimate. In 2023 a proposal to restrict the use of PFAS, including fluorinated greenhousegases, was submitted to the ECHA. When considering potential PFAS restrictions, theCommission and Member States should take into account the availability of thosealternatives.

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(7)

To ensure coherence with the obligations under the Montreal 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 that of one kilogram of CO2 based on the Fourth Assessment
Report adopted by the IPCC. For other fluorinated greenhouse gases, the Sixth IPCC
Assessment Report should be used. Considering the importance of rapidly reducing
greenhouse gas emissions to keep the Paris 1.5 C global warming target within reach, the20-year global warming potential of greenhouse gases is becoming increasingly relevant. In
this respect, where available, the 20-year global warming potential should be provided tobetter inform about the climate impacts of the substances covered by this Regulation. The
Commission should raise awareness on the 20-year global warming potential of fluorinatedgreenhouse gases.

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(8)

The intentional release of fluorinated substances, where unlawful, is a serious infringement of
this Regulation and should be explicitly prohibited. Operators and manufacturers ofequipment should be obliged to prevent leakage of such substances to the extent possible,
including through leak checking of the most relevant equipment. Where the release istechnically necessary, operators should take all technically and economically feasible
measures to prevent the release into the atmosphere, including by recapturing the emitted
gases.

(8a) When desfluorane is used as inhalation anaesthetic, this very potent greenhouse gas isreleased. Considering the availability of less potent alternatives, the use of desfluorane
should only be permitted when alternatives cannot be used for medical reasons. When the
derogation applies, desfluorane should, like all other gases, be captured, and the healthcare
institution should keep evidence of the reasons why the derogation was necessary.

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(8b) Sulfuryl fluoride is another very potent greenhouse gas which can be emitted when used forfumigation. Operators using sulfuryl fluoride for fumigation should document the captureof this gas, or, when capture is not technically and economically feasible, they should
specify the reasons thereof.
(9)

Given that the production process for some fluorinated compounds can result in significant
emissions of other fluorinated greenhouse gases as by-products, such by-product emissions
should be destroyed or recovered for subsequent use as a condition for the placing offluorinated greenhouse gases on the market. Producers and importers should be required to
document mitigation measures adopted to prevent emissions of trifluoromethane during the
production process and evidence for the destruction or recovery for subsequent use of thoseby-product emissions in line with the best available techniques. Declaration of conformity
should be provided prior to the placing on the market.

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TREE.1.A11EN(10) To prevent emissions of fluorinated substances, it is necessary to lay down provisions on therecovery of substances from products and equipment and the prevention of leakages of such
substances. Foams containing fluorinated greenhouse gases should be treated in accordancewith Directive 2012/19/EU of the European Parliament and of the Council9. Recovery
obligations should also be extended to building owners and contractors when removing
certain foams from buildings, in order to maximise emissions reductions. Provisions on
recovery of substances are also introduced with the view to the Commission communication'A new circular economy agenda' (11 March 2020), to the Commission communications 'A
new industrial strategy for Europe' (10 March 2020), to the Commission communication'Towards zero pollution for air, water and soil', to the Commission communication'Towards a toxic-free environment' and to 'Updating the new 2020 industrial strategy:building a stronger single market for Europe's recovery' (5 May 2021), since the recovery,
recycling and reclamation of fluorinated greenhouse gases is an application of circular
economy principles.

9

Directive 2012/19/EU of the European Parliament and of the Council of 4 July 2012 on waste
electrical and electronic equipment (OJ L 197, 24.7.2012, p.38).

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(10b) Cooling and freezing appliances rely heavily on fluorinated greenhouse gases for theirproper functioning, and they represent one of the most relevant categories in the waste
management of electrical and electronic equipment. In line with the polluter pays principle,
and to ensure the proper waste management of those harmful gases, it is important thatobligations relating to the extended responsibility for producers in case of waste electricand electronic equipment cover also the management of the fluorinated greenhouse gases
contained or used in waste electrical and electronic equipment (WEEE). Directive
2012/19/EC sets out financing obligations for producers of electrical and electronicequipment waste. This Regulation complements that Directive by requiring the financing of
the collection, treatment, recovery, environmentally sound disposal, recycling, reclamation
or destruction of fluorinated greenhouse gases listed in Annexes I and II from the products
and equipment, containing those gases or whose functioning relies upon those gases, which
are electrical and electronic equipment.

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(10c) Air conditioning, and refrigeration equipment contained in means of transport haveparticularly high leak rates due to the vibrations occurring during transport. This
Regulation requires operators of most means of transport to carry out leak checks or to
install leak detection systems and to recover fluorinated greenhouse gases for this mobile
equipment. Operators of equipment onboard ships, as operators of any other equipment
covered by this Regulation, are required to take precautionary actions to prevent theleakage of fluorinated greenhouse gases and, where such a leakage is detected, to repair it
without undue delay. Given the international character of shipping, it is important that
Member States and the Union within their respective competences work with third
countries to ensure that unnecessary emissions of fluorinated greenhouse gases areprevented in this sector, including during installation, maintenance, repair and recovery
from refrigeration and air conditioning equipment on ships. When reviewing theimplementation of this Regulation, the Commission should assess the feasibility ofextending the scope of containment measures to ships.

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(10b) Regulation (EU) 2018/113910 of the European Parliament and of the Council and its
implementing rules lay down rules on the skills and knowledge required for natural
persons undertaking maintenance activities on aircraft component. In order to ensure that
unnecessary emissions are prevented in this sector, including during installation,
maintenance, repair and recovery from refrigeration and air conditioning equipment on
aircraft, it would be appropriate to cover the required competences in the regular process of
updating the certification specifications and other detailed specifications, acceptable meansof compliance and guidance material for the application of that Regulation.

10

Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018
on common rules in the field of civil aviation and establishing a European Union Aviation
Safety Agency, and amending Regulations (EC) No 2111/2005, (EC) No 1008/2008, (EU)No 996/2010, (EU) No 376/2014 and Directives 2014/30/EU and 2014/53/EU of theEuropean Parliament and of the Council, and repealing Regulations (EC) No 552/2004
and (EC) No 216/2008 of the European Parliament and of the Council and Council
Regulation (EEC) No 3922/91 (OJ L 212, 22.8.2018, p. 1).

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(11) In order to contribute to meeting the Union's climate objectives and to encourage the use oftechnologies with no impact or lower impact on the climate that may involve the use
substances that are toxic, flammable or highly pressurized, Member States should takeappropriate measures targeting the need for skilled personnel in order to ensure that a highnumber of natural persons who carry out activities involving fluorinated greenhouse gases
and technologies replacing or reducing the use of fluorinated greenhouse gases are trained
and certified. This includes measures in the heat pump sector, where an increasing numberof personnel with the necessary skills will be needed, also in light of the REPower EU
objectives, to install and service heat pump equipment based on novel refrigerant
technologies to which different safety and technical requirements apply. Member States
could for example use the support provided by the private-public partnerships launchedunder the EU Skills Agenda to increase the number of trained persons. Trainings should
include information on energy efficiency aspects, alternatives to fluorinated greenhousegases and applicable regulations and technical standards. Certification and training
programmes established under Regulation (EU) No 517/2014, which may be integrated innational vocational training systems, should be reviewed or adapted enabling technicians tohandle alternative technologies safely. Existing certificates issued under Regulation (EU)No 517/2014 should remain valid.

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(11a) In May 2022, the European Commission presented the RePowerEU Plan. The Plan
includes a target to roll out 10 million hydronic heat pumps by 2027 and to double the rateof heat pump deployment by 2030, resulting in a total additional deployment of 30 million
or more heat pumps by 2030. Whereas the sector will shift to lower GWP refrigerants as aresult of the measures of this Regulation, increasing deployment of heat pumps as foreseen
in REPower EU may impact the availability of HFC gas on the EU market, and will dependin part on the market uptake of alternative technologies before entry into force of theplacing on the market prohibitions of Annex IV and the amount of deployment of heatpumps equipment still requiring higher GWP gases.
The Commission should closely monitor market developments, including the development ofprices of fluorinated greenhouse gases listed in Annex I, Section 1, and assess at least
annually if severe shortages exist that could endanger the attainment of the RePowerEU
heat pump deployment targets. This should allow for additional amounts of HFC quotas
being made available for the heat pump sector, in addition to the quotas foreseen under
Annex VII, if it is assessed such shortages exist.
▌

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(13) Where suitable alternatives to the use of specific fluorinated greenhouse gases are available,bans should be introduced on the placing on the market of new equipment for refrigeration,
air-conditioning and fire protection, foams and technical aerosols that contains fluorinatedgreenhouse gases or whose functioning relies upon those gases. Subject to some conditions,such bans should not apply to parts required for repairs and servicing of existing
equipment that has already been installed in order to ensure that such equipment remains
repairable and maintainable for their full lifespan. Where alternatives are not available orcannot be used for technical or safety reasons, or where the use of such alternatives would
entail disproportionate costs, it should be possible for the Commission to authorise an
exemption to allow the placing on the market of such products and equipment for a ▌periodof maximum 4 years. That exemption should be able to be renewed if, after assessment of a
new substantiated exemption request, the Commission, through the committee procedure,
concludes that alternatives are still not available.
(13b) The Commission should encourage the European standardisation organisations to develop
and update relevant harmonised standards to ensure the smooth implementation of therestrictions on placing on the market laid down in this Regulation. Member States should
ensure that national standards and building codes are updated to reflect the relevantinternational and European standards, including IEC 60335-2-89 and IEC 60335-2-40.

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(13d) The manufacture of metered dose inhalers (MDIs) for the delivery of pharmaceuticalingredients uses a non-negligible proportion of all HFCs consumed in the Union today.
Alternative options are available that include MDIs using lower GWP fluorinatedgreenhouse gases as propellants that have been newly developed by industry. This
Regulation includes the MDI sector in the HFC quota system , thereby creating an
incentive for the industry to pursue its path towards cleaner alternatives. To enable asmooth transition, the quota mechanism envisaged for this sector will guarantee fullquotas, corresponding to the most recent market share of this sector, for the period of 2025
to 2026, and reach the full reduction rate of the other sectors covered under the quota
system only in 2030.
HFCs used as propellants in metered dose inhalers (MDIs) are critical for the health of patients
suffering from respiratory conditions, such as asthma and chronic obstructive pulmonary
disease (COPD). MDIs are medical products subject to rigorous assessments including
clinical studies to ensure patient safety. Cooperation between the Commission, Member
States and their competent authorities, and the European Medicines Agency (EMA) should
facilitate a smooth approval process of MDIs using low GWP fluorinated gases andalternatives to fluorinated gases, thereby ensuring the transition to cleaner solutions.

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(13h) Where technically suitable alternatives are available and in consistency with the EU
competition policies, prohibitions should be introduced on the putting into operation of newelectrical switchgear with relevant fluorinated greenhouse gases. Where the extension ofexisting electrical equipment is necessary, one or more additional cells with fluorinatedgreenhouses gases with the same GWP as the existing cells, may be added if a technology
using fluorinated greenhouses gases with a lower GWP would entail the replacement of theentire electrical equipment.
(13i) In order to limit the necessity for the production of virgin SF6, the capacity of reclamationfor SF6 from existing equipment should be increased. Without endangering the safe
functioning of the electrical grids and power plants, the use of virgin SF6 in electricalswitchgear should be avoided, where it is technically feasible and when reclaimed or
recycled SF6 is available.

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(14) For reasons of reducing the indirect impact of the operation of equipment for refrigeration,
air-conditioning and heating on the climate, the maximum energy consumption of such
equipment set out in relevant implementing measures adopted under Directive 2009/125/EC
of the European Parliament and of the Council11 should continue to be considered as reason
for exempting specified types of equipment from the prohibition to use fluorinatedgreenhouse gases.
(15) Non-refillable containers for fluorinated greenhouse gases, should be banned, consideringthat an amount of refrigerant inevitably remains in these containers when emptied, which isthen released into the atmosphere. In this respect, this Regulation should prohibit their import,
placing on the market, subsequent supply or making available on the market, use unless forlaboratory and analytical uses, and their export. To ensure that refillable containers arerefilled and not discarded, undertakings should be required to produce a declaration ofconformity including evidence of the arrangements for the return for the purpose ofrefilling when placing refillable containers on the market.

11

Directive 2009/125/EC of the European Parliament and of the Council of 21 October 2009
establishing a framework for the setting of ecodesign requirements for energy-related
products (OJ L 285, 31.10.2009, p. 10).

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(15a) Following the Kigali Amendment to the Montreal Protocol, the export of HFCs fromcountries parties to the Protocol to non-party countries is prohibited. Such ban is an
important step towards the phase down of HFCs. However, several parties to the Protocol
consider it insufficient to tackle the environmental concerns linked to export of HFCs.
Several developing countries parties to the Protocol have raised the problem of export ofinefficient refrigerant and air-conditioning appliances using obsolete refrigerants andrefrigerants with high GWP from other parties to their markets, thus increasing service
needs. This situation is particularly problematic in countries with limited resources andcapacity for containment and recovery as well as for used equipment with short remaining
expected lifetimes and new equipment during use and at end of life. In the framework of
the Union’s global efforts to mitigate climate change, in order to support the achievementof the objectives of the Protocol, and in line with what is already provided under Regulation(EC) No 1005/2009, it is appropriate to introduce a ban of the export of certain used andnew equipment containing or whose functioning relies upon fluorinated greenhouse gaseswith a high GWP. The export ban only applies in cases where the equipment is subject to aban under Annex IV and at the same time meets the requirements set out in Article 22(1a).

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(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 or whosefunctioning relies upon those gases, including when placed on the market in containers, it isimportant to establish the necessary labelling requirements for those goods.
(17) To implement the Protocol, including the gradual reduction of the quantities of HFCs, theCommission should continue to allocate quotas to individual producers and importers for theplacing of HFCs on the market, ensuring that the overall quantitative limit permitted under
the Protocol is not exceeded. The Commission should be able, exceptionally, to authorise an
exemption for up to four years on the exclusion of hydrocarbons from the quota system foruse in specific applications or specific categories of products or equipment. That exemption
should be able to be renewed if, after assessment of a new substantiated exemption request,
the Commission, through the committee procedure, concludes that alternatives are still notavailable. To protect the integrity of the gradual reduction of the quantities of HFCs placed on
the market, HFCs contained in equipment should continue to be accounted for under the quota
system.

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(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 as having
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 their activities, a smaller part ofthe overall maximum quantity should be reserved for importers and producers who havepreviously not placed HFCs on the market and for importers 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 ensurethat 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 noreference value.

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(19a) The Commission, on behalf of the Union, reports yearly on the import and export of HFCs
controlled under the Montreal Protocol to the Ozone Secretariat. Although Member States
are responsible for the reporting of production and destruction of HFCs, the Commission
should provide draft data on these activities in order to facilitate the early calculation of theconsumption for the Union by the Ozone Secretariat, as well as data on HFC-23 emissions.
In absence of the notifications extending the REIO clause, the Commission should
continue this practice while ensuring that Member States are provided with sufficient time
to review the draft reported data to avoid inconsistencies.
(20) Considering the market value of the allocated quota, it is appropriate to claim a price for its
allocation. This avoids a further fragmentation of the market to the detriment of thoseundertakings 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 the calculation of reference values,
have decided to leave the market and thus they do not get a new reference value. Part of therevenue should be used to cover administrative costs.

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(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 or importers in theUnion or to other producers or importers which are represented in the Union 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 thereporting on all substances and on all equipment placed on the market, in particular where theequipment is pre-charged with HFCs that have not been placed on the market prior to thecharging. To ensure that only genuine operators are registering in the F-gas Portal, specificconditions should be established. A valid registration in the F-gas Portal should constitute alicense, which is an essential requirement under the Protocol for the monitoring of trade andpreventing illegal activities in this respect.

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(23) In order to ensure automatic, real-time, customs controls, at shipment level as well as anelectronic exchange and storing of information on all shipments of fluorinated greenhousegases and the concerned products and equipment presented to customs it is necessary tointerconnect 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 [thefull reference to be inserted once that Regulation has been adopted]12.
(24) To enable the monitoring of the effectiveness of this Regulation, the scope of the reporting
obligations should be extended to cover other fluorinated substances that have significant
global warming potential or that are likely to replace the use of fluorinated greenhouse gases.
For the same reason, the destruction of fluorinated greenhouse 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, inparticular for small and medium-sized enterprises and micro-enterprises where it does not
result in non-compliance with the Protocol.

12

Regulation (EU) No …/… of the European Parliament and of the Council establishing theEuropean 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].

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(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 the Union
quota system, independent third party verification should be required.
(26) The use of consistent, high-quality data to report on fluorinated greenhouse gas emissions isessential to ensuring the quality of emissions reporting under the United Nations Framework
Convention on Climate Change. The establishment of reporting systems by Member States ofemissions of fluorinated greenhouse gases would provide coherence with Regulation (EU)2018/1999 of the European Parliament and of the Council13. Data on leakage of fluorinatedgreenhouse gases from equipment collected by companies under this Regulation could
significantly improve those emission reporting systems. In that way, it should lead to a better
estimation of emissions of fluorinated greenhouse gases in the national greenhouse gases
inventories.

13

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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(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 and products
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. Regulation (EU) 2019/1020 of the European
Parliament and of the Council, which sets out rules on market surveillance and control ofproducts entering the Union market, applies to the substances and products and equipment
covered under this Regulation in so far as there are no specific provisions to regulate in amore specific manner particular aspects of market surveillance and enforcement. Where
this Regulation does include specific provisions, for example on customs controls, thoseprevail as being more specific, complementing the rules set out under the Regulation (EU)2019/1020. In order to ensure protection of the environment, this Regulation should apply
to all forms of supply of fluorinated greenhouse gases subject to this Regulation, including
online sales as referred to in Article 6 of Regulation (EU) 2019/1020.

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EN(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 from theUnion of gases and products covered by this Regulation. The re-export of illegally imported
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 madeavailable to them, and are sufficiently equipped in view of addressing cases of illegal trade of
the gases and products and equipment covered by this Regulation. Member States should
designate those customs offices that meet those conditions and are therefore mandated tocarry out customs controls on imports, exports and in cases of transit.
(30) Cooperation and exchange of the necessary information between all competent authorities
involved in the implementation of this Regulation, namely customs authorities, market
surveillance authorities, environmental authorities and any other competent authorities withinspection functions, amongst Member States and with the Commission, is extremely
important for tackling infringements of this Regulation, notably illegal trade. Due to theconfidential nature of the exchange of customs risk-related information, the Customs Risk
Management System should be used for that purpose.

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TREE.1.A30EN(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 and theCommission in cases of compliance checks and illegal trade in fluorinated greenhouse gases,
the Commission should be assisted by the European Anti-Fraud Office (OLAF). OLAF
should have access to all necessary information to facilitate the performance of its tasks.
(32) The import and export of HFCs as well as products and equipment containing HFCs or whosefunctioning relies upon those gases from and to a State not party to the Protocol should beprohibited as from 2028. The Protocol envisages that prohibition from 2033, and the
purpose of its earlier application under this Regulation is to ensure that the global HFC
reduction measures of the Kigali Amendment provide the envisaged benefit to the climate assoon as possible.
(33) Member States should ensure that infringements of ▌this Regulation by undertakings are
subject to effective, proportionate and dissuasive penalties.

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EN(34) Member States may lay down rules for administrative as well as criminal penalties for thesame infringements. In any case, the imposition of criminal and administrative penalties
should not lead to a breach of the right not to be tried or punished twice in criminal
proceedings for the same criminal offence (ne bis in idem), as interpreted by the Court ofJustice.
▌(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. Such approachis necessary in order to target the activities representing the highest risk of illegal trade or
unlawful release of fluorinated greenhouse gases covered by this Regulation. In addition,competent authorities should carry out checks when in possession of evidence or otherrelevant information on potential cases of non-compliance. Where relevant and to the extent
possible, such information should be communicated to customs authorities in order to proceed
to a risk analysis prior to controls, in accordance with Article 47 of Regulation (EU) 952/2013of the European Parliament and of the Council14. It is important to ensure that competentauthorities responsible for following up the issuing of penalties are informed when cases ofinfringements of this Regulation have been established by other competent authorities.

14

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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(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 enable them toimpose penalties. It should be ensured that adequate arrangements are in place to enable
whistle-blowers to alert the competent authorities to actual or potential infringements of thisRegulation and to effectively 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 Council15 is applicable to the reporting of breaches of this Regulationand to the protection of persons reporting such breaches.
(37a) According to settled case law of the Court of Justice of the European Union, it is for the
courts of the Member States to ensure judicial protection of a person’s rights under Union
law. Furthermore, Article 19(1) of the Treaty on European Union (TEU) requires Member
States to provide remedies that are sufficient to ensure effective judicial protection in thefields covered by Union law. In this respect, Member States should ensure that the public,
including natural or legal persons, has access to justice in line with the obligations that
Member States have agreed to as parties to the UN Economic Commission for Europe(UNECE) Convention on Access to Information, Public Participation in Decision-making
and Access to Justice in Environmental Matters of 25 June 1998 (the ‘Aarhus
Convention’).

15

Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019
on the protection of persons who report breaches of Union law (OJ L 305, 26.11.2019, p. 17).

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(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 ensurethat 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 the applicability of Directive (EU) 2019/1937 to the reporting ofbreaches of this Regulation and to the protection of reporting persons.
(39) In implementing this Regulation, the Commission should establish the so-called Consultation
Forum. The Consultation Forum should ensure a balanced participation of Member States’
representatives and representatives of relevant stakeholders including environmentalorganisations, representatives of healthcare and patient association as well as
representatives of manufacturers, operators and certified persons. The Consultation Forumshould, where relevant, involve the European Medical Agency.

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(40) In order to ensure uniform conditions for the implementation of this Regulation,
implementing powers should be conferred on the Commission as regards evidence to beprovided on the destruction or recovery of trifluoromethane by-production during the
manufacturing of other fluorinated substances; requirements for leak checks; the format of therecords, their establishment and maintenance; minimum requirements for certification
programmes and training attestations; the format of the notification of certification andtraining programmes; the binding arrangements that should be included in the declarationof conformity providing evidence that refillable containers can be returned for refilling; theformat of labels; time-limited exemptions for products and equipment falling under a placing
on the market or the putting into operation of switchgear prohibitions; time-limited
exemptions from maintenance and servicing prohibitions in the use of HFCs with certain
GWP values in stationary refrigeration, air conditioning and heat pump equipment; thedetermination of production rights for producers of HFCs; exemptions from the quota
requirement for HFCs for use in specific applications, or specific categories of products orequipment; 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 pre-charged
equipment and their verification as well as for the accreditation of verifiers; the smoothfunctioning of the registry and its compatibility with the European Union Single Window
Environments for Customs; the authorisation of trade with entities not covered by theProtocol; the details of the verification of reporting and of the accreditation of verifiers andthe format for submitting reports; exemptions from the export prohibitions of certain
products and equipment.Those powers should be exercised in accordance with Regulation(EU) No 182/2011 of the European Parliament and of the Council16.

16

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 forcontrol by Member States of the Commission’s exercise of implementing powers (OJ L 55,
28.2.2011, p. 13).

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EN(41) In order to amend certain non-essential elements of this Regulation, the power to adopt acts inaccordance with Article 290 of the Treaty on the Functioning of the European Union(‘TFEU’) should be delegated to the Commission in respect of the establishment of a list of
products and equipment for which the recovery of gases or their destruction is technically andeconomically feasible and the specification of the 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 themechanism to allocate remaining quotas; amending Annex VII in order to allow the placing
on the market of a quantity of fluorinated greenhouse gases listed in Annex I in addition to
the quotas under Annex VII following an assessment demonstrating a severe shortage offluorinated greenhouse gases listed in Annex I, Section 1 for the deployment of heatpumps; amending or supplementing the measures for the monitoring of substances and of
products and equipment placed under temporary storage and customs procedures; the rules
applicable to the release for free circulation of products and equipment imported from andexported to any entity not covered by the Protocol; the update of global warming potentials oflisted substances; the amendment of list of gases in Annexes I, II and III, where it has beenfound by the Assessment Panels established under the Montreal Protocol or by anotherauthority of equivalent stature that these gases have a significant impact on climate andwhere these gases are exported, imported, produced or placed on the market in significant
quantities. It is of particular importance that the Commission carry out appropriate
consultations during its preparatory work, including at expert level and that those
consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making17. In particular, to ensure
equal participation in the preparation of delegated acts, the European Parliament and theCouncil receive all documents at the same time as Member States' experts, and their experts
systematically have access to meetings of Commission expert groups dealing with the
preparation of delegated acts.

17

OJ L 123, 12.5.2016, p. 1.

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TREE.1.A36EN(42) The protection of individuals with regard to the processing of personal data by the Member
States is governed by Regulation (EU) 2016/679 of the European Parliament and of theCouncil18 and on the protection of individuals with regard to the processing of personal databy the Commission is governed by Regulation (EU) 2018/1725 of the European Parliamentand of the Council19 in particular as regards the requirements of confidentiality and security ofprocessing, the transfer of personal data from the Commission to the Member States, thelawfulness of processing, and the rights of data subjects to information, access to andrectification of their personal data.
(43) The European Data Protection Supervisor was consulted in accordance with Article 42(1) ofRegulation (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 atUnion level, the Union may adopt measures, in accordance with the principle of subsidiarity
as set out in Article 5 of the Treaty on European Union. In accordance with the principle ofproportionality, as set out in that Article, this Regulation does not go beyond what isnecessary in order to achieve those objectives.

18

19

Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on
the protection of natural persons with regard to the processing of personal data and on the freemovement of such 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 the protection of natural persons with regard to the processing of personal data by theUnion institutions, bodies, offices and agencies and on the free movement of such data, andrepealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295,
21.11.2018, p. 39).

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(45) A number of amendments are to be made to Regulation (EU) No 517/2014. In the interests ofclarity, that Regulation should be repealed and replaced.
(46) In view of the yearly quota allocation and reporting process set out in this Regulation, it isappropriate that this Regulation applies as from 1 January ... [OP please insert the year
following the year of the date of entry into force of this Regulation],
HAVE ADOPTED THIS REGULATION:

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CHAPTER I
GENERAL PROVISIONS

Article 1
Subject-matter
This Regulation:(a)lays down rules on containment, use, recovery and destruction of fluorinated greenhousegases, on related ancillary measures including on training and certification, which
includes the safe handling of fluorinated greenhouse gases and of alternative substancesthat are not fluorinated;(b)

imposes conditions on the production, import, export, placing on the market, further
supply and use 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.

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Article 2
Scope
1.

This Regulation applies to the fluorinated greenhouse gases listed in Annexes I, II and III,either as substances or as mixtures containing such substances.

2.

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

For the purposes of this Regulation the following definitions apply:(1)‘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 100year warming potential, unless specified otherwise, of one kilogram of a greenhouse 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;(2)‘mixture’ means a fluid composed of two or more substances, at least one of which is a
substance listed in Annexes I, II or III;

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(3)

'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;(4)‘hydrofluorocarbons’ or ‘HFCs’ means the substances listed in Annex I, Section 1, or
mixtures containing any of those substances;(5)‘operator‘ means the undertaking exercising actual power over the technical functioning ofproducts, equipment or facilities covered by this Regulation or the owner where
designated by a Member State as being responsible for the operator’s obligations in
specific cases;(6)‘placing on the market’ means the customs release for free circulation in the Union or the
supplying or making available to another person within the Union, for the first time, forpayment or free of charge or the use of substances produced or the use of products orequipment 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 by aratification of the 1987 Montreal Protocol on Substances that Deplete the Ozone Layer andincludes temporary storage and the customs procedures referred to in Articles 201 and 210
of Regulation (EU) 952/2013;

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(8)

‘export’ means the exit from the customs territory of the Union, in so far as the territory iscovered 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 fluorinated greenhouse gas
containing parts are made tight during its manufacturing process at the premises of the
manufacturer by welding, brazing or a similar permanent connection, which may include
capped valves or capped service ports that allow proper repair or disposal, and the joints inthe sealed system have a tested leakage rate of less than 3 grams per year under apressure of at least a quarter of the maximum allowable pressure;(10)‘container’ means a receptacle which is designed primarily for transporting or storing
fluorinated greenhouse gases;(11)'recovery’ means the collection and storage of fluorinated greenhouse gases from products,
including containers, and equipment during maintenance or servicing or prior to thedisposal of the products or equipment;(12)‘recycling’ means the reuse of a recovered fluorinated greenhouse gas following a basic
cleaning process, including filtering and drying;

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(13)

‘reclamation’ means the reprocessing of a recovered fluorinated greenhouse gas ▌ to ▌ theequivalent performance of a virgin substance, taking into account its intended use, inauthorized reclamation facilities that have the appropriate equipment and procedures inplace that enable the reclamation of such gases and can assess and attest to the level ofthe required quality;(14)‘destruction’ means the process of permanently transforming or decomposing completely,to the extent possible, a fluorinated greenhouse gas into one or more stable substances thatare not fluorinated greenhouse gases;(15)‘decommissioning’ means the permanent removal from operation or usage of a product orequipment, containing fluorinated greenhouse gases, including the final shut-down of a
facility;(16)‘repair’ means the restoration of damaged or leaking products or equipment that containfluorinated greenhouse gases or whose functioning relies upon those gases, involving apart containing or designed to contain such gases;

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(17)

‘installation’ means the process of joining two or more pieces of equipment or circuits
containing or designed to contain fluorinated greenhouse gases, with a view to assemblinga system in the location where it will be operated, that entails joining together gas carrying
conductors of a system to complete a circuit irrespective of the need to charge the systemafter assembly;(18)‘maintenance or servicing’ means all activities, excluding recovery in accordance with
Article 8 and leak checks in accordance with Article 4 and Article 10(1), point (b), of thisRegulation, that entails opening the circuits [or other subparts] containing or designed tocontain fluorinated greenhouse gases, supplying the system with fluorinated greenhousegases, removing one or more pieces of circuit or equipment, reassembling two or more
pieces of circuit or equipment, as well as repairing leaks including adding fluorinatedgreenhouse gas;

(19)

‘virgin substance’ means a substance which has not previously been used;(20)'stationary’ means not normally in transit during operation and includes moveable room
air-conditioning appliances;(21)‘mobile’ means normally in transit during operation;

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(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 thedispenser;(23)‘refrigerated truck’ means a motor vehicle with a mass of more than 3,5 tonnes that isdesigned and constructed primarily to carry goods and that is equipped with a refrigeration
unit;

(24)

‘refrigerated trailer’ means a vehicle that is designed and constructed to be towed by aroad vehicle or a tractor, primarily to carry goods and that is equipped with a refrigeration
unit;

(24a)

‘refrigerated light-duty vehicle’ means a motor vehicle with a mass of 3,5 tonnes or lessthat is designed and constructed primarily to carry goods and that is equipped with arefrigeration unit;(25)‘leakage detection system’ means a calibrated mechanical, electrical or electronic devicefor detecting leakage of fluorinated greenhouse gases which, on detection, alerts theoperator;(26)‘undertaking’ means any natural or legal person which carries out an activity referred to inthis Regulation;

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(27)

‘feedstock’ means any fluorinated greenhouse gas listed in Annexes I and II, that
undergoes chemical transformation in a process in which it is entirely converted from its
original composition and emissions are insignificant;(28)‘commercial use’ means use for the storage, display or dispensing of products, for sale toend 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 heatfrom a heat source into power for the generation of electric or mechanical energy;(31)‘military equipment’ mean arms, munitions and material intended specifically for military
purposes which are necessary for the protection of the essential interests of the security ofMember States;(32)‘electrical switchgear’ means switching devices and their combination with associatedcontrol, 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 the generation, transmission, distribution
and conversion of electric energy;

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(33)

‘multipack centralised refrigeration systems’ means systems with two or more compressors
operated in parallel, which are connected to one or more common condensers and to anumber of cooling devices such as display cases, cabinets and freezers, or to chilled store
rooms;(34)‘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 the condenser heatfrom a secondary circuit for the medium temperature;(35)‘use’ means, in relation to fluorinated greenhouse gases, their utilisation in the
production, maintenance or servicing, including refilling, of products and equipment, or inother activities and processes referred to in this Regulation;

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(36)

‘establishment within the Union’ means for a natural person to have his or her habitualresidence in the Union and for a legal person to have in the Union a permanent businessestablishment as referred to in Article 5(32) of Regulation (EU) No 952/2013 in the Union.

(36a)'self-contained' means complete factory-made system in a suitable frame or encasingthat is fabricated and transported complete or in two or more sections and in which nogas-containing parts are connected on site, but which may contain isolation valves;(36b)'split system' means a system consisting of a number of refrigerant piped units that form
a separate but interconnected unit, requiring the installation and connection ofrefrigerant circuit components at the point of use;

(36c)

‘air-conditioning’ means the process of treating air to meet the requirements of aconditioned space by controlling its temperature, humidity, cleanliness or distribution;

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(36d)'heat pump' means an equipment capable of using ambient heat and/or waste heat fromair, water or ground sources to provide heat or cooling and is based on theinterconnection of one or more components forming a closed cooling circuit in which a
refrigerant circulates to extract and release heat;(36e)‘safety requirements’ means requirements on the safety of using fluorinated greenhousegases and natural refrigerants or products and equipment containing or relying onthem, prohibiting the use of a certain fluorinated greenhouse gases or their alternatives,
including when contained in product or equipment at a specific place of intended
utilisation due to site and application specificities that are either:(i) set out in Union or national law; or(ii) set out in a non-legally binding act containing technical documentation or standards
that have to be applied to ensure safety at the specific location, provided that they are inline with relevant Union or national law.

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(36f)‘refrigeration’ means the process of maintaining or lowering the temperature of a
product, substance, system or other items;(36g)‘chiller’ means a single system whose primary function is to cool a heat transfer fluid(such as water, glycol, brine or CO2) for refrigeration, process, preservation or comfort
purposes;(36h)‘foam panel’ means a structure made of layers containing a foam and a rigid material,
such wood or metal, bound to one or both sides;(36i)‘laminated board’ means a foam board that is covered by a thin skin layer of a non-rigidmaterial, such as plastic.

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ENCHAPTER IICONTAINMENT
Article 4
Prevention of emissions
1.

The intentional release into the atmosphere of fluorinated greenhouse gases ▌ shall be
prohibited where the release is not technically necessary for the intended use.

1a.

Where the release is technically necessary in accordance with the first subparagraph,
operators of equipment that contains fluorinated greenhouse gases or facilities where
fluorinated greenhouse gases are used shall take all measures that are technically andeconomically feasible to prevent, to the extent possible, their release into the atmosphere,
including by recapturing the gases emitted.
In case of fumigation with sulfuryl fluoride, operators shall document the use of
capturing and collection measures or specify the reasons for which capturing andcollection measures were not technically or economically feasible. They shall keep the
supporting evidence for five years and make it available, on request, to the competentauthorities of a Member State or the Commission.

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2.

Operators and manufacturers of equipment ▌ that contains fluorinated greenhouse gases or
facilities where fluorinated greenhouse gases are used, as well as undertakings inpossession of such equipment during its transport or storage, shall take all necessary
precautions to prevent the unintentional release of any such gases. They shall take allmeasures that are technically and economically feasible to minimise leakage of the gases.

3.

During the production, storage, transport, and transfer from one container or system toanother or to an equipment or a facility, of fluorinated greenhouse gases ▌ , theundertaking shall take all necessary precautions to limit release of fluorinated greenhousegases ▌ to the greatest extent possible. This paragraph also applies where fluorinatedgreenhouse gases ▌ are produced as by-products.

4.

Where a leakage of fluorinated greenhouse gases ▌ is detected, the operators,
manufacturers of equipment and facilities where fluorinated greenhouse gases are used
and the undertakings in possession of the equipment during its transport, or storage, shallensure that the equipment or facility where fluorinated greenhouse gases are used isrepaired 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 is checked by anatural person certified in accordance with Article 10 at the earliest after an operatingtime of 24 hours but not later than one month after the repair to verify that the repair has
been effective. For mobile equipment listed in Article 5(2a) points (a) to (c), leakage
check may be carried out directly after a repair.

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5.

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, 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:(a)establishing the origin of the fluorinated gases to be placed on the market;(b)identifying the production facility of origin of the fluorinated gases to be placed on
the market, including an identification of those facilities of origin of any precursor
substances that involve the generation of chlorodifluoromethane (R22) as part ofthe manufacturing process to produce the fluorinated gases to be placed on themarket;14409/23
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(c)

proving the availability and operation of the abatement technology at the facilities
of origin equivalent to UNFCCC approved baseline methodology AM0001 forincineration of trifluoromethane waste streams or proving the capture anddestruction methodology that ensured that emissions of trifluoromethane aredestroyed in line with requirements under the Montreal Protocol;(d)Any additional information facilitating the tracking of the fluorinated greenhousegas prior to import.

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 makethem 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).

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6.

Natural persons carrying out the tasks referred to in Article 10(1), points (a) to (c), shall becertified in accordance with Article 10 and shall take precautionary measures to prevent
leakage of fluorinated greenhouse gases listed in Annex I, Annex II and, when used inelectrical switchgear, in Annex III.
Undertakings carrying out the installation, ▌ maintenance or servicing, repair ordecommissioning of the equipment listed in Article 5(2), points (a) to (e) and Article
5(2a), points (a) and (b), shall be certified in accordance with Article 10 and shall takeprecautionary measures to prevent leakage of fluorinated greenhouse gases listed in Annex
I and Annex II, Section 1.
Natural persons carrying out the maintenance or servicing and repair of airconditioning equipment with fluorinated greenhouse gases in motor vehicles fallingwithin the scope of Directive 2006/40/EC and mobile equipment listed in Article 5(2a),point (c) shall hold at least a training attestation in accordance with Article 10(2).

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Article 5
Leak checks
1.

Manufacturers and operators of equipment that contains 5 tonnes of CO2 equivalent ormore of fluorinated greenhouse gases listed in Annex I or 1 kilogram or more offluorinated greenhouse gases listed in Annex II, Section I, not contained in foams, shallensure that the equipment is checked for leaks.
Hermetically sealed equipment shall not be checked for leaks where that equipment
contains less than 10 tonnes of CO2 equivalent of fluorinated greenhouse gases listed in
Annex I or 2 kilograms of fluorinated greenhouse gases listed in Annex II, Section I, ▌provided it is labelled as hermetically sealed ▌.
By way of derogation from the second subparagraph, in cases where hermetically sealed
equipment is installed in residential buildings, it shall not be checked for leaks wherethat equipment contains less than 3 kilograms of fluorinated greenhouse gases provided
it is labelled as hermetically sealed.

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Electrical switchgear shall not be checked for leaks provided it complies with one of thefollowing conditions:(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 with an automatic alert
system while in operation;(c)2.

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

Paragraph 1 applies to operators of the following stationary equipment that contains
fluorinated greenhouse gases listed in Annex I or in Annex II, Section 1:(a)▌ refrigeration equipment;(b)▌ air-conditioning equipment;(c)▌ heat pumps;(d)▌ fire protection equipment;▌(e)organic Rankine cycles;(f)electrical switchgear.

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2a.

Paragraph 1 applies to operators of the following mobile equipment that contains
fluorinated greenhouse gases listed in Annex I or in Annex II, Section 1:(a)refrigeration units of refrigerated trucks and trailers;(b)refrigeration units of refrigerated light-duty vehicles, intermodal containers
including reefers and train wagons;(c)

air-conditioning equipment and heat pumps in heavy duty vehicles, vans, non roadmobile machinery used in agriculture, mining and construction operations, trains,
metros, trams and aircraft.

As regards the equipment referred to in paragraph 2, points (a) to (e) and paragraph 2a,
points (a) and (b), the checks shall be carried out by natural persons certified inaccordance with the rules provided for in Article 10.
2b.

As regards the mobile equipment referred to in the first subparagraph, point (c), thechecks shall be carried out by natural persons holding at least a training attestation inaccordance with the rules provided for in Article 10(2).

2c.

Paragraphs 1, 3 and 4 shall not apply to operators of mobile equipment under points (b)and (c) of paragraph 2a until ... [OP, please insert the date = three years following theentry into force of this Regulation].

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3.

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 of fluorinatedgreenhouse gases listed in Annex I or less than 10 kilograms of fluorinatedgreenhouse gases listed in Annex II, Section 1: at least every 12 months; or where aleakage 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 ▌ 10
kilograms or more, but less than 100 kilograms of fluorinated greenhouse gases
listed in Annex II, Section 1: 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 of fluorinatedgreenhouse gases listed in Annex I or ▌ 100 kilograms or more of fluorinatedgreenhouse gases listed in Annex II, Section 1: at least every three months or, wherea leakage detection system is installed, at least every six months.

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4.

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 under paragraph 3.

(ba) The obligations set out in paragraph 1 for mobile air-conditioning equipment orheat pumps, as referred to in paragraph 2a point (c), shall be considered to be
fulfilled provided the mobile air-conditioning equipment or the heat pumps are
subject to a regular inspection regime that includes leak checks.
5.

The Commission may, by means of implementing acts, specify requirements for the leakchecks to be carried out in accordance with paragraph 1 for each type of equipment
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 the examination procedurereferred to in Article 34(2).

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Article 6
Leakage detection systems
1.

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 or 100 kilograms or more of gases listed in Annex II, Section 1, shallensure that the equipment is provided with a leakage detection system which alerts theoperator or a service company of any leakage.

2.

Operators of the equipment listed in Article 5(2), points (e) and (f), 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 (e), that is subject toparagraphs 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 (f), that are subject to paragraph 2
shall ensure that leakage detection systems are checked at least once every six years toensure their proper functioning.

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Article 7
Record keeping
1.

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 thefollowing information:(a)the quantity and type of gases installed, indicating separately, if applicable, quantity
added during installation;(b)

the quantities of gases added during ▌ maintenance or servicing or due to leakage,
including the date of such addition;(ba) the quantity of gases recovered;(c)whether the added gases have been recycled or reclaimed, and in which quantity,
including the name and address in the Union of the recycling or reclamation facility
and, where applicable, the certificate number;▌(e)the identity of the undertaking which installed, serviced, maintained and whereapplicable repaired or decommissioned the equipment, including, where applicable,
the number of its certificate. In case the undertaking responsible for carrying out
these operations is a legal person, both its identifying details and those of thenatural person performing the operations;

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(f)

the dates and results of the checks carried out under Article 5(1), (2) and (3), as wellas the dates and results of any leak repairs;(g)

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

2.

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.

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3.

For the purpose of Article 11(5), undertakings supplying fluorinated greenhouse gases
listed in Annex I and in Annex II, Section 1, shall establish records of relevant informationon the purchasers of these fluorinated greenhouse gases including the following 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, on request, tothe competent authority of the Member State concerned and to the Commission.

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For the purpose of Article 11(6) the undertakings which sell non-hermetically sealed
equipment charged with fluorinated greenhouse gases listed in Annex I and in Annex II,
Section 1 shall keep records of equipment sold and of the certified undertakings that will
carry out the installation. The record shall be retained by the undertaking selling theequipment referred to in Article 11(6) for a period of at least five years and shall bemade available, on request, to the competent authorities of Member States.
Undertakings that produce, including as by-product, place on the market, supply or
receive substances listed in Annex I, Section 1, intended for exempted uses referred to in
Art. 16(2), shall keep records containing at least the following information, as
applicable:(a)name of the substance or mixture;(b)quantity produced, imported, exported, reclaimed or destroyed during the given
calendar year;(c)quantity supplied and received during the given calendar year, per individual
supplier or receiver;

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3a.

(d)

names and contact details of the suppliers or receivers;(e)quantity used (specifying the actual use) during the given calendar year;(f)quantity stored on 1 January and 31 December of the given calendar year.

The undertakings shall keep these records for at least 5 years after production, placing
on the market, supply or receipt and shall make them available to the Commission orcompetent authorities of the Member States upon request. The Commission and thecompetent authorities of the Member States concerned shall ensure confidentiality of
information contained in the records.

4.

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

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Article 8
Recovery and destruction
1.

Operators of ▌ equipment ▌ that contain fluorinated greenhouse gases▌, not contained infoams, shall ensure that these substances are recovered and after the decommissioning of
the equipment that these substances are recycled, reclaimed or destroyed.
The recovery of these substances shall be carried out by natural persons that hold therelevant certificates provided for in Article 10▌.
This obligation applies to operators of any of the following stationary equipment:(a)the cooling circuits of ▌ refrigeration, ▌air-conditioning equipment and ▌heatpumps;▌(c)▌ equipment that contains fluorinated greenhouse gas-based solvents;(d)▌ fire protection equipment;(e)▌ electrical switchgear.

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1a.

This obligation also applies to operators of any of the following mobile equipment:(a)the cooling circuits of refrigeration units of refrigerated trucks and trailers;(b)the cooling circuits of refrigeration units of refrigerated light-duty vehicles,intermodal containers including reefers and train wagons;(c)

the cooling circuits of air-conditioning and heat pumps in heavy duty vehicles,vans, non road mobile machinery used in agriculture, mining and construction
operations, trains, metros, trams and aircraft.

1b.

For the recovery of fluorinated greenhouse gases from air-conditioning equipment inmotor vehicles falling within the scope of Directive 2006/40/EC and mobile equipment
listed in Article 8(1), third subparagraph, point (b) and (c), only natural persons holding
at least a training attestation in accordance with Article 10(2) shall be consideredappropriately qualified.

1c.

The obligation under paragraph 1 shall not apply to operators of the mobile equipment
under Article 8(1), third subparagraph, points (b) and (c) until ... [OP, please insert thedate = three years following the entry into force of this Regulation].

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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 orreclaimed.

3.

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

4.

As from 1 January 2025, building owners and contractors shall ensure that during
renovation, refurbishing or demolition activities implying the removal of foam panels that
contain foams with fluorinated greenhouse gases listed in Annex I and in Annex II, Section
1, the emissions are avoided to the extent possible by handling the foams or the gases
contained therein in a way that ensures the destruction of the gases contained therein. In
the case of recovery of the gases contained in the foams, the recovery shall be carried out
by appropriately qualified natural persons.

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5.

As from 1 January 2025, building owners and contractors shall ensure that during
renovation, refurbishing or demolition activities implying the removal of foams inlaminated boards installed in cavities or built-up structures that contain fluorinatedgreenhouse gases listed in Annex I and in Annex II, Section 1, the emissions are avoided tothe extent possible by handling the foams in the boards or the gases contained therein in
a way that ensures the destruction of the ▌ gases contained therein. In the case ofrecovery of the gases contained in the foams, 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. Such documentation shall be
retained for five years and shall be made available, on request, to the competent authorities
of a Member State and to the Commission.

6.

Operators of products and equipment not listed in paragraphs 1, 4 and 5 that containfluorinated greenhouse gases listed in Annex I and in Annex II, Section 1, shall arrange forthe recovery of the gases, unless it can be established that it is not technically feasible orentails disproportionate costs. The operators shall ensure that the recovery is carried out by
appropriately qualified natural persons, so that the gases are recycled, reclaimed or
destroyed or shall arrange for their destruction without prior recovery.

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The recovery of fluorinated greenhouse gases listed in Annex I and in 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 Council20 shall be carried out by ▌natural persons holding a training attestation in accordance with Article 10(1).
▌7.

Fluorinated greenhouse gases listed in Annex I, Section 1, and products containing suchgases shall only be destroyed by technologies approved by the Parties to the 1987 Montreal
Protocol on Substances that Deplete the Ozone Layer (‘the Protocol’)▌.
Other fluorinated greenhouse gases for which destruction technologies have not been
approved, shall only be destroyed by ▌ destruction technology ▌ that comply with Unionand national legislation on waste and that additional requirements under such legislation
are met.

20

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).

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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 therecovery of fluorinated greenhouse gases listed in Annex I and in Annex II, Section 1, or
destruction of products and equipment containing such gases without prior recovery ofthese gases shall be considered technically and economically feasible, 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 in Annex II ▌.
Article 9
Extended producer responsibility schemes

Without prejudice to existing extended producer responsibility schemes, Member States shallensure that by 31 December 2027, the financing obligations for electrical and electronicequipment waste referred to in Articles 12 and 13 of Directive 2012/19/EU include the financingof the recovery, recycling, reclamation or destruction of fluorinated greenhouse gases listed in
Annexes I and II of this Regulation from the products and equipment, containing those gases orwhose functioning relies upon those gases, which are electrical and electronic equipment
pursuant to Directive 2012/19/EU and that have been placed on the market after [date of entry
into force].
Member States shall inform the Commission on the actions undertaken.

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Article 10
Certification and training
1.

Natural persons shall be certified for carrying out the following activities involving
fluorinated greenhouse gases in accordance with Articles 4(6), 5(1) and 8(1) and▌relevant alternatives to fluorinated greenhouse gases including natural refrigerants:(a)installation, servicing, maintenance, repair or decommissioning of the equipment
listed in Article 5(2), points (a) to (f) and in Article 5(2a), points (a) and (b);(b)

leak checks of the equipment referred to Article 5(2), points (a) to (e) and in Article
5(2a), points (a) and (b);(c)

recovery from equipment listed in Article 8(1), second subparagraph and in third
subparagraph, point (a).

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Natural persons shall have a training attestation for carrying out the following
activities involving fluorinated greenhouse gases in accordance with Articles 4(6),5(1) and 8(1) and relevant alternatives to fluorinated greenhouse gases including
natural refrigerants:(a)maintenance, servicing, repair of air-conditioning equipment in motor
vehicles falling within the scope of Directive 2006/40/EC of the European
Parliament and of the Council21 and recovering of fluorinated greenhousegases from such equipment;(b)recovering fluorinated greenhouse gases from equipment listed in Article
8(1), third subparagraph, points (b) and (c);(c)

maintenance or servicing, repair and leak checks of equipment listed in
Article 5(2a), point (c).

2.

Undertakings shall be certified in accordance with Article 4(6) for carrying out the
installation, servicing, maintenance, repair or decommissioning of the equipment listed
in Article 5(2), points (a) to (e) and in Article 5(2a), points (a) and (b) involving
fluorinated greenhouse gases and relevant alternatives to fluorinated greenhouse gases
including natural refrigerants.

21

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).

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3.

By ... [OP, please insert the date = 1 year following the entry into force of theimplementing act under paragraph 5] Member States shall, establish or adapt
certification programmes, including evaluation processes and ensure that training onpractical skills and theoretical knowledge is available for natural persons carrying out thetasks referred to in paragraph 1. Member States shall also ensure that training
programmes for obtaining training attestations in accordance with paragraph 1
subparagraph 2 are available.

3a.

By ... [OP, please insert the date = 1 year following the entry into force of theimplementing act under paragraph 5], Member States shall establish or adapt
certification programmes for undertakings referred to in paragraph 2.

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4.

The certification programmes and training on practical skills and theoretical knowledge
provided for in paragraph 3 shall cover the following:(a)applicable regulations and technical standards;(b)emission prevention;(c)recovery of fluorinated greenhouse gases listed in Annex I and in Annex II, Section
1;(d)safe handling of equipment of the type and size covered by the certificate; ▌(da) safe handling of equipment with flammable or toxic gases or operating underhigh-pressure;(e)the measures of improving or maintaining the energy efficiency of equipment
during installation or maintenance.

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4.

▌ The certification programmes and training on practical skills and theoreticalknowledge provided for in paragraph 3 concerning aircraft shall be reflected in theprocess of updating the certification specifications and other detailed specifications,
acceptable means of compliance and guidance material by the European Aviation Safety
Agency pursuant to Article 76(3) and Article 115 of Regulation (EU) 2018/1139 of theEuropean Parliament and of the Council.

5.

Certificates under the certification programmes referred to in paragraph 3 shall be
subject to the condition that the applicant has successfully completed an evaluation
process established in accordance with paragraphs 1, 3, 4 and 5.

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6.

By ... [OP, please insert the date = 2 years following the entry into force of thisRegulation], the Commission shall, by means of implementing acts, establish theminimum requirements for certification programmes and training attestations referred toin paragraphs 3 and 3a for the activities referred to in paragraph 1. Those minimum
requirements shall specify, for each type of equipment referred to in paragraph 1, therequired practical skills and theoretical knowledge, where appropriate, differentiating
between different activities to be covered, the modalities of the certification or attestation
as well as the conditions for mutual recognition of certificates and training attestations.
The Commission shall, by means of implementing acts, adapt, where necessary, theminimum requirements mentioned above. Those implementing acts shall be adopted inaccordance with the examination procedure referred to in Article 34(2).

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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 wereoriginally issued. By ... [OP, please insert the date = three years following the entry into
force of this Regulation] Member States shall ensure that certified natural persons are
required to participate to refreshment training courses or complete an evaluation
process referred to in paragraph 3, at least every seven years. Member States shallensure that natural persons who already hold a certificate or training attestation under
Regulation (EU) No 517/2014 shall participate to such refreshment course or complete
such evaluation process for the first time no later than [OP, please insert the date = five
years following the entry into force of this Regulation].

8.

By 1 January ... [OP, please insert the date = 1 year following the entry into force of theimplementing act under paragraph 5] Member States shall notify the Commission ofcertification and training 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.

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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.

An undertaking shall only assign a task referred to in paragraph 1 to another undertaking
after verification 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 the small
size of its population and the consequent lack of demand for such training and certification,compliance may be achieved through the recognition of certificates issued in otherMember States.
Member States applying this paragraph shall inform the Commission who shall inform
other Member States.

12.

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

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ENCHAPTER III
RESTRICTIONS AND CONTROL OF USE
Article 11
Restrictions on placing on the market and sale
1. 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 the datespecified in that Annex, differentiating, where applicable, according to the type or global
warming potential of the gas contained. By way of derogation from the firstsubparagraph, the placing on the market of parts of products and equipment required
for repair and servicing of existing equipment listed in Annex IV is allowed provided
that the repair or servicing does not result in an increase of the capacity of the productor equipment, an increase of the amount of fluorinated greenhouse gas contained in the
product or equipment, and there is no change of the type of fluorinated greenhouse gas
used that leads to an increase of the global warming potential of the fluorinatedgreenhouse gas used.

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Products and equipment unlawfully placed on the market after the date referred to in thefirst subparagraph, shall not be subsequently used or supplied, or made available to otherpersons within the Union for payment or free of charge or exported. Re-export of suchproducts and equipment is allowed in such cases when the non-compliance with therules set out in this Regulation has been established prior to the release of goods for the
purpose of import, in accordance with the measures referred to in Article 23(12). Suchproducts and equipment may only be stored or transported for subsequent disposal and forthe recovery of the gas prior to the disposal pursuant to Article 8 or for their re-export.
The re-export of products and equipment for which the non-compliance with the rules
set out in this Regulation has been established prior to their release for free circulationis allowed. In such cases, Article 22 (1a) does not apply.
One year 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 orequipment lawfully placed on the market prior to the date referred to in the firstsubparagraph shall be allowed only if evidence is provided that the product or equipment
was placed lawfully on the market prior to the date.

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2.

The prohibition set out in paragraph 1, first subparagraph, shall not apply to equipment for
which it has been established in ecodesign requirements adopted under Directive
2009/125/EC that ▌its lifecycle CO2 equivalent emissions would be lower than those ofequivalent equipment 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 other persons
within the Union for payment or free of charge, use or export of non-refillable containers
for fluorinated greenhouse gases listed in Annex I and in Annex II, Section 1, empty or
fully or partially filled shall be prohibited. Such containers may only be stored ortransported for subsequent disposal. This prohibition does not apply to containers forlaboratory or analytical uses of fluorinated greenhouse gases.

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The paragraph applies to:(a)containers which cannot be refilled without being adapted for that purpose (nonrefillable); 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;(ba)

Undertakings which place on the market refillable containers for fluorinatedgreenhouse gases shall produce a declaration of conformity that includes evidence
confirming there are binding arrangements in place for the return of that container forthe purpose of refilling, in particular identifying the relevant actors, their obligatorycommitments and the relevant logistical arrangements. Those arrangements shall bemade binding on the distributors of the containers to the end-user.

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The undertakings referred to in the first subparagraph shall keep the declaration ofconformity for a period of at least five years after the placing on the market of refillable
containers and shall make it available, on request, to the competent authorities ofMember States and the Commission. Suppliers of the containers to end-users shall keep
evidence of the compliance with these arrangements for a period of at least five years
after supply to the end-user and shall make it available, on request, to the competentauthorities of Member States and the Commission.
The Commission may, by means of implementing acts, determine the requirements forincluding the elements that are essential for the binding arrangements in the declarationof conformity. Such implementing acts shall be adopted in accordance with Article
34(2).

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4.

Following a substantiated request by a competent authority of a Member State and taking
into account the objectives of this Regulation, the Commission may, exceptionally, bymeans of implementing acts, authorise an exemption for up to four years to allow theplacing on the market of products and equipment listed in Annex IV, or, in derogation to
Article 13(5), putting into operation new or extended electrical switchgear, including
parts thereof, containing fluorinated greenhouse gases or whose functioning relies upon
those gases, where it is demonstrated that:(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 for technical 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 procedurereferred to in Article 34(2).

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5.

Only undertakings that hold a certificate required under Article 10(1), point (a) ▌, orundertakings that employ persons holding such a certificate required under Article 10(1),point (a) or a training attestation required under Article 10(2) shall be allowed to purchasefluorinated greenhouse gases listed in Annex I or in Annex II, Section 1, for the purpose ofcarrying out the installation, servicing, maintenance or repair of the equipment containing
those gases, or whose functioning relies upon those gases, referred to in Article 5(2), points(a) to (i), and Article 10(2). Sellers shall sell or offer for sale, directly or indirectly, suchgases exclusively to the undertakings referred to in this paragraph.
This paragraph shall not prevent non-certified undertakings, who do not carry out theactivities referred to in the first subparagraph, from collecting, transporting or delivering
fluorinated greenhouse gases listed in Annex I and in Annex II, Section 1.

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6.

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

6a.

Only undertakings that are established in the Union, or that have mandated an only
representative established in the Union, who assumes full responsibility of complying
with this Regulation, shall be allowed to place on the market and further supply bulk
fluorinated greenhouse gases. The only representative may be the representative
mandated pursuant to Article 8 of Regulation (EC) No 1907/2006 of the European
Parliament and of the Council.

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Article 12
Labelling and product and equipment information
1.

The following products and equipment that contain fluorinated greenhouse gases or whosefunctioning relies upon fluorinated greenhouse gases▌, may only be placed on the market,
subsequently supplied or made available to another person 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 metered dose
inhalers;(g)

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

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2.

Products or equipment subject to an exemption as referred to in Article 11(4) as well as
application, products or equipment containing fluorinated greenhouse gases listed in
Annex 1, section 1 subject to an exemption as referred to in Article 16(4) shall belabelled accordingly, specifying the end date of the exemption, and shall include areference that those products or equipment 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:(a)an indication that the product or equipment contains fluorinated greenhouse gases orthat 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 equivalent offluorinated greenhouse gases contained in the product or equipment, or the quantityof fluorinated greenhouse gases for which the equipment is designed, and the global
warming potential of those gases.

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The label shall indicate the following information, where applicable:(a)a reference that the fluorinated greenhouse gases are contained in hermetically sealed
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;(ba) retrofitted products or equipment where the fluorinated greenhouse gases havebeen changed, shall be relabelled with updated information as referred to in thisparagraph.
4.

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

The label shall be written in the official languages of the Member State in which the good
is to be placed on the market, made available or supplied.

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5.

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

5a.

Where relevant, refilled containers of fluorinated greenhouse gases shall be relabelledwith updated information as referred to in the first subparagraph of paragraph 3.

6.

Reclaimed or recycled fluorinated greenhouse gases listed in Annexes I and II shall belabelled with an indication that the substance has been reclaimed or recycled. In the caseof reclamation, information on the batch number and the name and address of thereclamation ▌ facility in the Union shall be included.

7.

Fluorinated greenhouse gases listed in Annex I and placed on the market, made available
or supplied for destruction shall be labelled with an indication that the contents of thecontainer may only be destroyed.

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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, made available
or supplied for use in military equipment shall be labelled with an indication that thecontents of the container may only be used for that purpose.

10.

Fluorinated greenhouse gases listed in Annexes I and II placed on the market, madeavailable or supplied for etching of semiconductor material or cleaning of chemicals
vapour deposition chambers within the semiconductor manufacturing sector shall belabelled with an indication that the contents of the container may only be used for that
purpose.

11.

Fluorinated greenhouse gases listed in Annex I and placed on the market, made available
or supplied for feedstock use shall be labelled with an indication that the contents of thecontainer may only be used as feedstock.

12.

Fluorinated greenhouse gases listed in Annex I, Section 1 and placed on the market, madeavailable or supplied for producing metered dose inhalers for the delivery ofpharmaceutical ingredients shall be labelled with an indication that the contents of thecontainer may only be used for that purpose.

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13.

In case of fluorinated greenhouse gases listed in Annex I, Section 1, the label referred toin 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 and inparagraphs 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, 12, 16, 18(b) and (c), 19 and 20], theproduct or equipment shall be labelled with an indication that it may be used only whererequired by the safety standard to be specified. In the cases referred to in Annex IV, points
20 and 22, the product or equipment shall be labelled with an indication that the product orequipment 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 shallalso be included in descriptions used for advertising.

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16.

The Commission may, by means of implementing acts, determine the format of the labels
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 inview 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.

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3.

The use of fluorinated greenhouse gases, with a global warming potential of 2 500 or
more, to service or maintain refrigeration equipment with a charge size of 40 tonnes of
CO2 equivalent or more, is prohibited. From 1 January 2025, the use of fluorinatedgreenhouse gases ▌, with a global warming potential of 2 500 or more, for the servicing ormaintenance of all refrigeration 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:(a)reclaimed fluorinated greenhouse gases listed in Annex I with a global warming
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(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 theirrecovery as part of maintenance or servicing or the undertaking for which therecovery was carried out as part of maintenance or servicing.

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).
3a.

From 1 January 2026, the use of fluorinated greenhouse gases listed in Annex I, with a
global warming potential of 2 500 or more, for the servicing or maintenance of air
conditioning and heat pump equipment is prohibited.

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The prohibition referred to in the first subparagraph shall not apply to the following
categories of fluorinated greenhouse gases until 1 January 2032:(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 of existing air
conditioning and heat pump 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 air
conditioning and heat pump equipment provided they have been recovered fromsuch equipment. Such recycled gases may only be used by the undertaking which
carried out their recovery as part of maintenance or servicing or the undertaking
for which the recovery was carried out as part of maintenance or servicing.

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3b.

From 1 January 2032, the use of fluorinated greenhouse gases listed in Annex I, with a
global warming potential of 750 or more, for the servicing or maintenance of stationary
refrigeration equipment, with the exclusion of chillers, is prohibited.
This paragraph shall not apply to military equipment or equipment intended for
applications designed to cool products to temperatures below - 50 °C or equipment
intended for applications designed to cool nuclear power stations.
The prohibition referred to in the first subparagraph shall not apply to the following
categories of fluorinated greenhouse gases:(a)reclaimed fluorinated greenhouse gases listed in Annex I with a global warming
potential of 750 or more used for the maintenance or servicing of existingstationary refrigeration equipment, with the exclusion of chillers, provided thatthey have been labelled in accordance with Article 12(6);14409/23
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(b)

recycled fluorinated greenhouse gases listed in Annex I with a global warming
potential of 750 or more used for the maintenance or servicing of existingstationary refrigeration equipment, with the exclusion of chillers, provided they
have been recovered from such equipment. Such recycled gases may only be usedby the undertaking which carried out their recovery as part of maintenance orservicing or the undertaking for which the recovery was carried out as part ofmaintenance or servicing.

3c.

Following a substantiated request by a competent authority of a Member State andtaking into account the objectives of this Regulation, the Commission shall assess theavailability of reclaimed and recycled fluorinated greenhouse gases falling under thescope of paragraphs 3a and 3b. Where the assessment points to a verified shortage of areclaimed and recycled fluorinated greenhouse gas, the Commission may, exceptionally,by means of implementing acts, authorise an exemption from the bans set out inparagraphs 3a or 3b, for up to four years, to the extent needed to address the identified
shortage.

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3d.

From 1 January 2035, the use of fluorinated greenhouse gases listed in Annex I, Section
3 for the servicing or maintenance of electrical switchgear equipment shall be prohibited
unless it is reclaimed or recycled, except if it is proved that reclaimed or recycled
fluorinated greenhouse gases listed in Annex I, Section 3:

3a.

(a)

cannot be used on the basis of technical grounds; or(b)

are not available in case of an emergency repair situation.

In such cases, the user shall provide evidence, upon request, on the justification for use
to the competent authority of the Member State and the Commission.

3b.

This paragraph shall not apply to military equipment.

4.

The use of desflurane as inhalation anaesthetic is prohibited as from 1 January 2026, andshall only be permitted when such use is strictly required and no other anaesthetic can beused on medical grounds. The healthcare institution shall keep evidence▌ on the medical
justification, and provide it, upon request, to the competent authority of the Member Stateand the Commission.

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5.

Putting into operation of the following electrical switchgear using or whose functioning
relies upon fluorinated greenhouse gases in insulating or breaking medium is prohibited
as follows:(a)as of 1 January 2026, medium voltage switchgear for primary and secondary
distribution up to and including 24 kV;(b)

as of 1 January 2030, medium voltage switchgear for primary and secondary
distribution from more than 24 kV up to and including 52 kV;(c)as of 1 January 2028, high voltage switchgear from 52 kV up to and including 145
kV and up to and including 50 kA short circuit current, , with GWP of 1 or more;(d)as of 1 January 2032, high voltage switchgear of more than 145 kV or more than
50 kA short circuit current, , with GWP of 1 or more.

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5a.

The taking out of operation of an electrical switchgear which is operating within theUnion and its subsequent putting into operation at a different site in the Union shall not
be considered as putting into operation for the scope of this Article.

5b.

By way of derogation to paragraph 5, the putting into operation of switchgear using or
whose functioning relies upon insulating or breaking medium with GWP lower than
1000 is permitted if following a procurement procedure that considers the technicalspecificities of the equipment required for the specific use concerned:(i)during the first two years after the respective dates under paragraph 5, points (a)and (b), no bids or only bids offering equipment from one manufacturer ofswitchgear with insulating or breaking medium not using fluorinated gases werereceived; or(ii)during the first two years after the respective dates under paragraph 5, points (c)and (d), no bids or only bids offering equipment from one manufacturer ofswitchgear with insulating or breaking medium with a GWP of less than 1 werereceived; or

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(iii) after the two-year period mentioned under (i) above, no bids were received offering
equipment from one manufacturer of switchgear with insulating or breaking
medium not using fluorinated gases; or(iv) after the two-year period mentioned under (ii) above, no bids were received
offering equipment from one manufacturer of switchgear with insulating or
breaking medium with a GWP of less than 1.
5c.

By derogation to paragraph 5b, switchgear with insulating or breaking medium with a
GWP of 1000 or more is allowed if, following a procurement procedure that considers
the technical specificities of the equipment required for the specific use concerned, nobid was received for switchgear with insulating or breaking medium with a GWP of lessthan 1000.

5d.

Paragraph 5 shall not apply to equipment for which it has been established in ecodesign
requirements adopted under Directive 2009/125/EC that, its life cycle CO2 equivalentemissions would be lower than those of equivalent equipment which meets the relevant
ecodesign requirements.

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5e.

Paragraph 5 shall not apply in case the operator can provide evidence that the order forthe switchgear has been placed before the Regulation becomes applicable.

5f.

Paragraph 5 shall not apply when devices to extend existing electrical switchgear thatuse fluorinated greenhouses gases with a lower GWP than the fluorinated greenhouses
used in the existing electrical switchgear are not compatible with the existing electricalswitchgear, and the use of these devices would require the replacement of the existing
entire electrical switchgear.

5g.

The documentation establishing the evidence for the derogations listed in paragraphs 5a,5b, 5c, 5e and 5f shall be kept by the operator for at least five years after the respective
dates specified under paragraph 5 and shall be made available to the competentauthority of the Member State and to the Commission, upon request.

5h.

The operator shall notify the competent authority of the Member State where the electric
switchgear is put into operation when applying the derogation in paragraphs 5b, 5c, 5e
and 5f.

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6.

Parts of equipment may be installed for repair or servicing of existing electricalswitchgear provided there is no change of the type of fluorinated greenhouse gas usedthat leads to an increase of the global warming potential of the fluorinated greenhousegas used or an increase in the amount of fluorinated gases contained in the equipment.

4d

Putting into operation any equipment listed in Annex IV points [3(c), 12, 16(b), 16(c),18(b), 18(ba), 18(c) and 18(d)] after the respective prohibition date specified in thesepoints is prohibited unless evidence is provided that:(a)the relevant safety requirements at the particular location do not permit the
installation of equipment using fluorinated greenhouse gases below the GWPvalue specified in the respective prohibitions; or(b)the equipment was placed on the market before the relevant prohibition date listed
in Annex IV.

4e.

The documentation of this evidence shall be kept by the operator for at least five years
and shall be made available to the competent authority of the Member State and to theCommission, upon request.

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ENCHAPTER IVPRODUCTION SCHEDULE AND REDUCTION OF THE QUANTITY OF
HYDROFLUOROCARBONS PLACED ON THE MARKET
Article 14
Production of hydrofluorocarbons-1.

For the purpose of this Article, Article 15 and Annex V, the production ofhydrofluorocarbons is the amount of hydrofluorocarbons produced minus the amountdestroyed by technologies approved by the Parties to the Protocol, and minus the amountentirely used as feedstock in the manufacture of other chemicals, but includinghydrofluorocarbons generated as a by-product, unless not captured or unless that byproduct 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 beconsidered in the calculation of the production of hydrofluorocarbons.

1.

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

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2.

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

3.

The Commission may, by means of implementing acts, at the request of the competentauthority of a Member State, amend the implementing acts referred to in paragraph 2 inorder to allocate additional production rights to the producers referred to in paragraph 2 or
any other undertakings established in the Union, unless the production limits of theMember State under the Protocol are exceeded. Such implementing acts shall be adopted
in accordance with Article 34(2).

3a.

In absence of an implementing act being effective by the date specified in Article 38,
second subparagraph, producers may continue to produce without production rights
being allocated. The hydrofluorocarbons produced during such period will counttowards the allocation of production rights once issued.

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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).
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, aslong as the calculated levels of production of Parties under the Protocol are respected.
Transfers shall be approved by the Commission and the relevant competent authorities andcarried out via the F-gas Portal.

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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 the Member State in which
excess calculated levels of production under the Montreal Protocol are available,authorise via the F-gas Portal that producer to exceed its production rights referred to in
Article 14(2) by a specified amount, considering the conditions set out in the Protocol.

3.

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 ofthe third country Party concerned, authorise a producer to combine the ▌ production rights
referred to in Article 14 with the calculated levels of production allowed to a producer in athird 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▌ production by the two producers do not lead to an exceedance of calculated levels of
production of the two Parties under the Montreal Protocol and any relevant national
legislation is respected.

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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 placing hydrofluorocarbons ▌ on the market shall not exceed
their respective quota available to them at the moment of placing on the market.

2.

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;

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(c)

supplied directly by a producer or an importer to undertakings, for export out of theUnion, not contained in products or equipment, where those hydrofluorocarbons 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 depositionchambers within the semiconductor manufacturing sector.

3.

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

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4.

Following a substantiated request by a competent authority of a Member State and taking
into account the objectives of this Regulation, and in light of any data provided by
European Medicines Agency, the Commission may, exceptionally by means of
implementing acts, authorise an exemption for up to four years to exclude from the quota
requirement laid down in paragraph 1 hydrofluorocarbons for use in specific applications,or specific categories of products or equipment, where it is demonstrated in the request
that:
(a)

for those particular applications, products or equipment, alternatives are notavailable, or cannot be used for technical or safety reasons or risks to public health;
and

(b)

a sufficient supply of hydrofluorocarbons cannot be ensured without entailingdisproportionate costs.

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

The emission of hydrofluorocarbons during production shall be considered as being placedon 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.

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Article 17
Determination of reference values and allocation of quotas for placing hydrofluorocarbons on themarket1.

By 31 October ... [OP: Please insert the year of application of this Regulation] and at least
every three years thereafter, the Commission shall determine reference values for
producers and importers in accordance with Annex VII for the placing on the market ofhydrofluorocarbons.
The Commission shall determine those reference values for all importers and producers
that placed on the market hydrofluorocarbons during the previous three years, by means ofan implementing act determining references values for all importers and producers. Those
implementing acts shall be adopted in accordance with 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 of theattribution 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.

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3.

By 1 June ... [OP: Please insert the year of entry into force of this Regulation] and by 1
April ... [OP: Please insert the date = three years following the year of entry into force of
this Regulation] and every three years thereafter, producers and importers may make adeclaration 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], and every
year thereafter, the Commission shall allocate quotas for each importer and 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 and producers
shall be notified via the F-gas Portal of the total amount due for their calculated maximum
quota allocation for the following calendar year and of the deadline for completing thepayment. The Commission may, by means of implementing acts, determine the modalities
and the detailed arrangements for the payment of the amount due. Those implementing acts
shall be adopted in accordance with the examination procedure referred to in 34(2).

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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 be allocatedthe quota corresponding to the payment made by the set deadline.
Until [OP please insert the year = 3 years following the date of entry into force of thisRegulation], the Commission shall redistribute the quota for which a payment has not been
made by 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 to in thefirst 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 those importers andproducers.From [OP please insert the year = 4 years following the date of entry into
force of this Regulation], the quota for which a payment has not been made by the set
deadline shall be cancelled.
The Commission shall be authorised not to fully allocate the maximum quantity referred toin Annex VII or allocate additional quotas, as contingency for implementation issues
during the allocation period.

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6.

The Commission is empowered to adopt delegated acts in accordance with Article 32 toamend paragraph 5 as regards the amounts due for the allocation of quota and themechanism to allocate remaining quotas, in order to compensate for the inflation.

6b.

Every year, or more often following a substantiated request by a competent authority ofa Member State, the Commission shall assess after consultation of relevant stakeholders,the impact of the quota phase-down system laid out in Annex VII on the Union’s heatpump market considering relevant factors in particular, the development of prices offluorinated greenhouse gases listed in Annex I, Section 1, the growth rate of heat pumps
equipment still requiring such gases, the market uptake of alternative technologies andthe state of the heat pumps deployment rate target provided under the Commission
Communication of 18 May 2022 entitled "REPowerEU Plan"22. The Commission shall
include the conclusions from the assessments in the relevant European Commission’s
Annual Activity Report on Climate Action.

22

Communication from the Commission to the European Parliament, the European
Council, the Council, the European Economic and Social Committee and the Committeeof the Regions REPowerEU Plan (COM/2022/230 final).

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Where the assessment demonstrates a severe shortage of fluorinated greenhouse gases
listed in Annex I, Section 1 for the deployment of heat pumps which could endanger theattainment of the RePowerEU heat pump deployment targets, the Commission shalladopt delegated acts in accordance with Article 32 to amend Annex VII in order to allow
the placing on the market of a quantity of fluorinated greenhouse gases listed in Annex I
in addition to the quotas under Annex VII respectively up to 4 410 247 tons for theperiod 2025-2026 or up to 1 425 536 tons for the period 2027-2029.
Where the Commission adopts a delegated act as referred to in the second subparagraph,the additional quotas shall be distributed to producers and importers that have reported
under Article 26, in the previous year, on heatpump use as one of the main categories ofapplication in which the substance is used, following their request submitted via the Fgas Portal.

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7.

The revenue generated from the quota allocation amount shall constitute external assigned
revenue in accordance with Article 21(5) of Regulation (EU, Euratom) No 2018/1046.
That revenue shall be assigned to the LIFE programme and to Heading 7 of themultiannual financial framework (European Public Administration), to cover the costs ofexternal staff working on the management of the quota allocation, IT services, andlicensing systems for the purpose of implementation of this Regulation and for ensuring
compliance with the Protocol. The revenue used to cover these costs shall not exceed the
maximum annual amount of 3 million euros. Any revenue remaining after covering thesecosts shall be entered into the general budget of the Union.
Article 18
Conditions for registration and receiving quota allocations

1.

Quotas shall only be allocated to producers or importers that have an establishment within
the Union, or which have mandated an only representative with an establishment within theUnion that assumes the full responsibility of complying with this Regulation and with therequirements of Title II of Regulation (EC) No 1907/2006 of the European Parliamentand of the Council. The only representative may be the same as the one mandated
pursuant to Article 8 of Regulation (EC) No 1907/2006 of the European Parliament and of
the Council23.

23

Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18
December 2006 concerning the Registration, Evaluation, Authorisation and Restriction ofChemicals (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).

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2.

Only importers and producers that have experience in trading activities of chemicals or inservicing refrigeration, air conditioning, heat pumps or fire protection equipment forthree consecutive years prior to the quota allocation period, shall be allowed to submit adeclaration referred to in Article 17(3) or receive a quota allocation on that basis pursuant
to Article 17(4). The importers and producers shall submit evidence to this effect, on
request, to the Commission.

3.

For the purpose of registration in the F-gas Portal, importers and producers shall provide aphysical address where the company is located and from where it conducts its business.
Only one undertaking shall be registered under the same physical address.
For the purpose of submitting a quota declaration pursuant to Article 17(3) and receiving aquota allocation pursuant to Article 17(4) as well as for the purpose of determiningreference values pursuant to Article 17(1), all undertakings that share the same beneficial
owner, shall be considered as one single undertaking. Only that single undertaking, whichis the one registered first in the registry unless indicated otherwise 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).

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Article 19
Pre-charging of products and equipment with hydrofluorocarbons
1.

Refrigeration and air conditioning equipment, heat pumps and, from 1 January 2025,
metered dose inhalers charged with substances listed in Annex I, Section 1 shall not be
placed on the market unless those substances charged into the equipment or products areaccounted for within the quota system referred to in this Chapter.

2.

When placing pre-charged equipment or products as referred to in paragraph 1 on themarket, manufacturers and importers of equipment or products shall ensure thatcompliance with paragraph 1 is fully documented and shall draw up a declaration ofconformity in this respect.
By drawing up the declaration of conformity, manufacturers and importers of equipment or
products shall assume responsibility for compliance with this paragraph and paragraph 1.
Manufacturers and importers of equipment or products shall keep this documentation andthe declaration of conformity for a period of at least five years after the placing on themarket of that equipment or products and shall make it available, on request, to thecompetent authorities of Member States and the Commission.

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3.

Where hydrofluorocarbons contained in the equipment or products referred to in paragraph1 have not been placed on the market prior to the charging of the equipment or products,
importers of that equipment or products shall ensure that, by 30 April ... [OP: Please insert
the year of application of this Regulation] and every year thereafter, the accuracy of the
documentation, the declaration of conformity and the veracity of their report pursuant to
Article 26 is confirmed, for the preceding calendar year, at a reasonable level of assurance
by an independent auditor registered in the F-gas Portal.
The independent auditor shall be either:(a)accredited pursuant to Directive 2003/87/EC of the European Parliament and of theCouncil24; or(b)accredited to verify financial statements in accordance with the legislation of theMember State concerned.

24

Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003
establishing a scheme for greenhouse gas emission allowance trading within theCommunity and amending Council Directive 96/61/EC (OJ L 275, 25.10.2003, p.32).

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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 procedure referred
to in Article 34(2).

5.

Importers of equipment or products referred to in paragraph 1, which has no establishment
in the Union, shall mandate an only representative with an establishment within the Union
that assumes the full responsibility of complying with this Regulation. The only
representative may be the same as the one mandated pursuant to Article 8 of Regulation(EC) No 1907/2006.

6.

This Article shall not apply to undertakings that placed on the market less than 10 tonnesof CO2 equivalent of hydrofluorocarbons, per year, contained in the equipment or products
referred to in paragraph 1.

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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 Fgas Portal’).

2.

The Commission shall ensure the interconnection of the F-gas Portal with the European
Union Single Window Environment for Customs through the European Union Customs
Single Window - Certificate Exchange System established by Regulation (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 F-gas Portal.

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4.

Undertakings shall have a valid registration in the F-gas Portal prior to ▌ the following
activities:(-a) the import or export of fluorinated greenhouse gases and products and equipment
containing fluorinated greenhouse gases except in cases of temporary storage, as
defined in pursuant to Article 5(17) of the Regulation (EU) No 952/2013;(a)submitting a declaration pursuant to Article 17(3);(b)

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

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(d)

▌ carrying out all other activities that require reporting under Article 26;(e)▌ receiving production rights pursuant to Article 14 and for making or receiving atransfer and an authorisation of production rights referred to in Article 15;(f)▌ 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 notsuspended 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 alicence required under Article 22.

6.

The Commission shall, to the extent necessary, by means of implementing acts, clarify therules of registration to ensure the smooth functioning of the F-gas Portal andcompatibility with the European Union Single Window Environments for Customs.
Those implementing acts shall be adopted in accordance with the examination procedurereferred to in Article 34(2).

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7.

The competent authorities, including customs authorities, of the Member States shall haveaccess to the F-gas Portal to enable the implementation of the relevant requirements andcontrols. Access to the F-gas Portal by customs authorities shall be ensured via theEuropean 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.
The Commission shall make publicly available no later than three months after the
allocation is completed for a given year:(a)a list of quota holders, no later than three months after the allocation is completed
for a given year;(b)a list of the undertakings subject to the reporting requirements laid out in Article
26.

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8.

Any requests by importers and producers for corrections of the information recorded in theF-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 of authorisations
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 recording of the transfer of quota or theauthorisation to use quota and shall be substantiated with evidence establishing that itconcerns a clerical error.
Notwithstanding the conditions set out in the first subparagraph, requests for corrections ofdata that negatively affect the entitlements of other importers and producers not involvedin the underlying transaction shall be refused.

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Article 21
Transfer of quotas and authorisation to use quotas for the placing on the market ofhydrofluorocarbons in imported equipment
1.

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 or to anotherproducer 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 a second
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 to in 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.

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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 delegatedauthorisation 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, issubject to the presentation of a valid licence to customs authorities pursuant to Article 20(4) and20(5).

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Fluorinated greenhouse gases imported into the Union shall be considered as virgin gases. This
paragraph does not apply to products and equipment that are personal effects.
1a.

From [one year after the entry into force of this Regulation] the export of foams,
technical aerosols, stationary refrigeration and stationary air conditioning equipment
and heat pumps as referred to in Annex IV that contain or whose functioning relies
upon fluorinated greenhouse gases with a GWP of 1000 or more shall be prohibited.
This shall not apply to military equipment and to products and equipment that can beplaced on the market in the Union in accordance with Annex IV.

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By way of derogation from paragraph 1a, the Commission may by means of
implementing acts, following a substantiated request by a competent authority of a
Member State for cases of an exceptional nature, and taking into account the objectivesof this Regulation, authorise the export of the products and equipment referred toparagraph 1a, where it is demonstrated that in view of the economic value and the
expected lifetime of the specific good, the prohibition of export would impose adisproportionate burden on the exporter. Such exports shall only be allowed if they arein line with the national legislation in the destination country.
Those implementing acts shall be adopted in accordance with the examination
procedure referred to in Article 34(2).
Undertakings established in the Union shall take all necessary measures to ensure theexport of refrigeration and air conditioning equipment, and heat pumps, does not violate
import restrictions the importing country has notified under the Montreal Protocol.

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Article 23
Controls of trade1.

Customs authorities and market surveillance authorities shall enforce the prohibitions andother 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 F-gas
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 thecustoms declaration that is the holder of the authorisation for a special procedure otherthan transit, unless there is a transfer of rights and obligations according to Article 218
of Regulation (EU) 952/2013 allowing another person to be the declarant, and in thecase of transit procedure, the holder of the procedure.
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.

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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 the temporary storage
declaration, and in cases of exports the exporter indicated in the customs declaration, shallprovide to customs authorities in the declaration the following, 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 orequipment, and parts thereof.

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4.

Customs authorities shall verify, in particular, that in cases of release for free circulation,
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 the importer indicated in the customs
declaration, or where not available the declarant, and in cases of exports the exporter,
indicated in the customs declaration is registered in the F-gas Portal pursuant to Article 20.

5.

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

6.

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

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7.

Importers of fluorinated greenhouse gases shall make available to customs authorities, atthe time the customs declaration related to the release for free circulation 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 bemade available to customs authorities at the time the customs declaration related to therelease 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 the context ofCustoms Risk Management Framework and in accordance with Article 46 of Regulation(EU) No 952/2013. The risk analysis shall take into account, in particular, any available
information on the likelihood of illegal trade of fluorinated greenhouse gases, and thecompliance history of the undertaking concerned.

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10.

Based on risk analysis, when carrying out physical customs controls of the gases, products
and equipment covered under this Regulation, the customs authority shall, in particular,
verify the following on imports and exports:(a)that the goods presented correspond to those described in the licence and in thecustoms declaration;(b)that the product or equipment presented does not fall under the restrictions referred toin 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 their licenceavailable to customs authorities during controls in accordance with Article 15 ofRegulation (EU) No 952/2013.
11.

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

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12.

Customs authorities shall confiscate or seize non-refillable containers as referred to in
Article 11(3) (a) prohibited by this Regulation for disposal in accordance with Articles 197
and 198 of Regulation (EU) 952/2013 or shall inform the competent authorities for
ensuring the confiscation and seizure of such containers for disposal by destruction.
Market surveillance authorities shall also withdraw or recall from the market suchcontainers in accordance with Article 16 of Regulation (EU) No 2019/1020 of theEuropean Parliament and the Council25.
In other cases, not referred to in the first subparagraph, of unlawful import, further
supply, or export carried out in breach of this Regulation, in particular in cases offluorinated greenhouse gases listed in Annex 1 Section 1 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, customs authorities or market surveillanceauthorities may take alternatives measures. Such measures may include auctioning
provided that the subsequent placing on the market is in line with this Regulation.
▌

25

Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June2019 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).

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The export of fluorinated greenhouse gases listed in Annex I, Section 1, for which the
non-compliance has been established after their release for free circulation, is
prohibited.
13.

Member States customs authorities shall designate or approve customs offices or otherplaces and shall specify the route to those offices and places, in accordance with Articles
135 and 267 of Regulation (EU) No 952/2013, for the presentation to customs of thefluorinated 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 the customs territory of the Union.
Controls shall be carried out by personnel of the custom office or by other authorised
persons in line with national rules, knowledgeable on matters related to the prevention ofillegal activities by this Regulation and having access to suitable equipment for carryingout of the relevant physical controls based on risk analysis.
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.

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Article 24
Measures to monitor illegal trade1.

On the basis of regular monitoring of trade in fluorinated greenhouse gases andassessment of the potential risks of illegal trade linked to the movements of fluorinatedgreenhouse gases, products and equipment containing those gases or whose functioning
relies upon those gases, the Commission is empowered to adopt delegated acts inaccordance with Article 32 to:(i)supplement Article 29 by specifying the criteria to be taken into account by thecompetent authorities of Member States when carrying out checks to establish
whether undertakings comply with their obligations under the Regulation;(ii)

supplement Articles 23 by specifying the requirements to be checked whenmonitoring ▌ fluorinated greenhouse gases, products and equipment containing thosegases or whose functioning relies upon those gases, placed under temporary storage▌
or under a customs procedure, including customs warehousing or free zone
procedure or in transit through the customs territory of the Union;(iii) to amend Article 22 by adding tracing methodologies for fluorinated greenhousegases placed on the market for the monitoring of import and export of fluorinatedgreenhouse gases, products and equipment containing those gases or whosefunctioning relies upon those gases, placed under temporary storage or under acustoms procedure.

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1a.

The Commission, when adopting a delegated act under paragraph 1, shall take into
account the environmental benefits and socio-economic impacts of the methodology tobe established under points (i), (ii) and (iii) of paragraph 1.
Article 25

Trade with states or regional economic integration organisations and territories not covered by theProtocol1.

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 bound by theprovisions of the Protocol applicable to those gases shall be prohibited as from 1 Januaryfrom 2028.

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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 for freecirculation in the Union and export of products and equipment imported from and exported
to any State or regional economic integration organisation subject to paragraph 1, whichwere produced using hydrofluorocarbons but do not contain gases which can be positively
identified as hydrofluorocarbons, as well as rules on the identification of such products andequipment. When adopting those delegating acts the Commission shall take into accountthe relevant decisions taken by the Parties to the Protocol and, as regards the rules on theidentification of such products and equipment, periodical technical advice given to theParties 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 areproduced by means of one or more such gases may be authorised by the Commission, bymeans of implementing acts, to the extent that the state or regional economic integration
organisation is determined by a meeting of the Parties to the Protocol pursuant to Article
4(8) of the Protocol to be in full compliance with the Protocol and has submitted data tothat effect as specified in Article 7 of the Protocol. Those implementing acts shall be
adopted in accordance with the examination procedure referred to in Article 34(2).

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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 compliance with
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 some or all of theprovisions of paragraph 1 of this Article shall not apply in respect of that territory. Those
implementing acts shall be adopted in accordance with the examination procedure referred
to in Article 34(2).

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

By 31 March ... [OP: Please insert the year following the year of the entry into force of
this Regulation], and every year thereafter, each producer, importer and exporter that
produced, imported or exported hydrofluorocarbons or quantities exceeding one metrictonne or 100 tonnes of CO2 equivalent of other fluorinated greenhouse gases during thepreceding calendar year shall report to the Commission the data specified in Annex IX on
each of those substances for that calendar year. This paragraph shall also apply to all
undertakings receiving quotas pursuant to Article 21(1).
By 31 March ... [OP: Please insert the year of entry into force 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 not placed any
quantities of hydrofluorocarbons on the market during the preceding calendar year, shallreport to the Commission by submitting a ‘nil-report’.

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2.

By 31 March ... [OP: Please insert the year of application of this Regulation], and every
year thereafter, each undertaking that destroyed hydrofluorocarbons or quantities
exceeding one metric tonne or 100 tonnes of CO2 equivalent of other fluorinatedgreenhouse gases during the preceding calendar year shall report to the Commission thedata specified in Annex IX on each of those substances for that calendar year.

3.

By 31 March ... [[OP: Please insert the year following the year of entry into force of thisRegulation], each undertaking that used 1 000 tonnes of CO2 equivalent or more offluorinated greenhouse gases listed in Annex I as feedstock during the preceding calendar
year shall report to the Commission the data specified in Annex IX on each of those
substances for that calendar year.

4.

By 31 March ... [OP: Please insert the year of application of this Regulation], eachundertaking that placed 10 tonnes of CO2 equivalent or more of hydrofluorocarbons, or
100 tonnes of CO2 equivalent or more of other fluorinated greenhouse gases, contained in
products or equipment on the market during the preceding calendar year shall report to theCommission the data specified in Annex IX on each of those substances for that calendar
year.

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5.

By 31 March ... [OP: Please insert the year following the year of the entry into force of
this Regulation], and every year thereafter, each undertaking that received any quantities ofhydrofluorocarbons referred to in Article 16(2) shall report to the Commission the data
specified in Annex IX on each of those substances for that calendar year.
By 31 March ... [OP: Please insert the year following the year of the entry into force of
this Regulation], and every year thereafter, each producer or importer that placed on themarket 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 report to the Commission
the data specified in Annex IX on the hydrofluorocarbons received.

6.

By 31 March ... [OP: Please insert the year of application of this Regulation], and every
year thereafter, each undertaking that reclaimed quantities exceeding 1 metric tonne 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 that calendar year.

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7.

By 30 April ... [OP: Please insert the year following the year of the entry into force of thisRegulation], 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 themarket 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 marketof 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 is confirmed, at areasonable 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 theMember State concerned.

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Transactions referred to in Article 16(2), point (c), of shall be verified regardless of thequantities involved.
The Commission may request an undertaking to ensure that the veracity of its report isconfirmed at a reasonable level of assurance, by an independent auditor, regardless of thequantities involved, where needed to confirm its compliance with the rules under thisRegulation.
The Commission may, by means of implementing acts, specify the details of theverification of reports and of the accreditation of verifiers. Those implementing acts shallbe 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 F-gas
Portal.
The Commission may, by means of implementing acts, determine the format of submitting
the reports referred to in this Article. Those implementing acts shall be adopted inaccordance with the examination procedure referred to in Article 34(2).

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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.
The Commission may provide guidance for the design of the centralised electronic system by
Member States.

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

When required to ensure compliance with this Regulation, the competent authorities ofMember States, including customs authorities, market surveillance authorities,
environmental authorities and other authorities with inspection functions, shall cooperatewith each other, with the competent authorities of other Member States, with theCommission, and if necessary, with administrative authorities of third countries ▌.
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.

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2.

When customs authorities, market surveillance authorities or any other competent authorityof a Member State have detected an infringement of this Regulation, that competentauthority shall notify the environmental authority or if not relevant any other 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 haveaccess to and exchange between them any information necessary for the enforcement of
this Regulation. Such information shall include customs related data, information onownership 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 other Member
States and to the Commission when needed to ensure the enforcement of this Regulation.
Competent authorities shall immediately inform the Commission of infringements ofArticle 16(1).

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4.

Competent authorities shall alert competent authorities of other Member States when theydetect infringement of this Regulation that may affect more than one Member State.
Competent authorities shall, in particular, inform competent authorities of other Member
States when they detect a relevant product on the market that is not compliant with thisRegulation, to enable that it is seized, confiscated, withdrawn or recalled from the market
for disposal.
The Customs Risk Management System shall be used for the exchange of customs riskrelated information.
Customs authorities shall also exchange any relevant information related to infringementof the provisions of this Regulation in accordance with Council Regulation (EC)No 515/97 ▌26 and shall request assistance from the other Member States and theCommission where relevant.

26

Council Regulation (EC) No 515/97 ▌ of 13 March 1997 on mutual assistance between theadministrative authorities of the Member States and cooperation between the latter and theCommission 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 noncompliance of a specific product with this Regulation, and any other relevant information
received from the Commission, national customs authorities, market surveillanceauthorities and environmental authorities or from competent authorities of third countries.
Competent authorities shall also conduct checks when they are in possession of evidenceor other relevant information, including based on substantiated concerns provided by third
parties, or the Commission, concerning potential non-compliance with this Regulation.
▌

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3.

Checks referred to in paragraphs 1 and 2, shall include on-site visits of establishments withthe appropriate frequency and verification of relevant documentation and equipment.

3a.

Checks referred to in paragraphs 1 and 2, shall also include checks of online platforms
pursuant to this paragraph. Without prejudice to Regulation (EU) 2022/2065, in case an
online platform, falling within the scope of Section 4 of Chapter 3 of that Regulation,that allows consumers to conclude distance contracts with undertakings offering
fluorinated gases or products and equipment that contain such gases, competentauthorities shall verify whether the undertaking, the fluorinated gases, the products orthe equipment offered comply with the requirements laid down in this Regulation.
Competent authorities shall inform and cooperate with the Commission and with therelevant competent authorities referred to in Article 49 of Regulation (EU) 2022/2065
for the purpose of ensuring compliance with that Regulation.
Checks shall be carried out without prior warning of the undertaking, except where priornotification is necessary in order to ensure the effectiveness of the checks. Member Statesshall ensure that undertakings afford the competent authorities all necessary assistance toenable those authorities to carry out the checks provided for by this Article.

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4.

The competent authorities shall keep records of the checks indicating in particular theirnature 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 and products
and equipment covered by this Regulation and which are operating on the territory of that
Member State. The requesting Member State shall be informed about the result of thecheck.

6.

In carrying out the tasks assigned to it by this Regulation, the Commission may request allnecessary information from the competent authorities of the Member States and fromundertakings. When requesting information from an undertaking the Commission shall at
the same time forward a copy of the request to the competent authority of the Member
State within the territory of which the undertaking’s seat is situated.

7.

The Commission shall take appropriate steps to promote an adequate exchange of
information and cooperation between competent authorities of the Member States andbetween 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.

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Article 30
Reporting of breaches and protection of reporting persons
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.

Without prejudice to the obligations of Member States under Directive 2008/99/EC of
the European Parliament and of the Council, Member States shall lay down ▌rules on
penalties applicable to infringements of this Regulation and shall take all measuresnecessary to ensure that they are implemented. ▌ Member States shall, by 1 January ... [OPplease insert the year = 2 years 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.

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2.

The penalties provided for in paragraph 1 shall be effective, proportionate anddissuasive, and shall give due regard to the following, as applicable:(a)the nature and gravity of the infringement;(b)the human population or the environment affected by the infringement, taking into
account the need to ensure a high level of protection of human health and theenvironment;

3.

(c)

any previous infringements of this Regulation by the undertaking held responsible;(d)the financial situation of the undertaking held responsible.

The penalties shall include:(a)administrative financial penalties proportionate to the environmental damage,where applicable, and that effectively deprive those responsible of the economic
benefits derived from their infringements, and gradually increasing the level ofsuch fines for repeated infringements.

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In cases of unlawful production, import, export, placing on the market, or use offluorinated greenhouse gases or of products and equipment containing those gases
or whose functioning relies on those gases, the maximum amount ofadministrative financial penalty shall be at least five times the market value of theconcerned gases or products and equipment concerned. In case of a repeatedinfringement within a five-year period the maximum amount of fines shall be atleast eight times the value of the gases or products and equipment concerned.
Member States may also, or alternatively, use criminal penalties provided that they
are equivalently effective, proportionate and dissuasive to the administrative
financial penalties referred to in this subparagraph;

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(b)

confiscation or seizure, or withdrawal or removal from the market, or taking
possession by the competent authorities of illegally obtained goods;(c)temporary prohibition from using, producing, importing, exporting, placing on themarket, of the fluorinated greenhouse gases concerned or of products andequipment concerned containing fluorinated greenhouse gases or whosefunctioning relies on them, in the event of a serious infringement or of repeatedinfringements ▌▌14409/23
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4.

In addition to the penalties referred to in paragraph 1, undertakings that have exceeded
their quota for placing hydrofluorocarbons on the market, allocated in accordance with
Article 17(4) or transferred to them in accordance with Article 21(1), may only beallocated 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 the quota
was exceeded. If the amount of the reduction is higher than the amount to be allocatedin 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 thefollowing allocation periods shall be reduced likewise until the full amount has been
deducted. The reduction(s) shall be recorded in the F-gas Portal.
▌

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Article 32
Exercise of the delegation
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(2a)(3), Article 17(6), Article 24(1), Article 25(2), Article 35(1) and Article 35(3) shallbe conferred on the Commission for an indeterminate period of time [from the date ofapplication of the Regulation].

3.

The delegation of power referred to in Article 8(8), Article 12(17), Article 16(2a)(3),
Article 17(6), Article 24(1), Article 25(2), Article 35(1) and Article 35(3) may be revokedat 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 orat a later date specified therein. It shall not affect the validity of any delegated acts alreadyin force.

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4.

Before adopting a delegated act, the Commission shall consult experts designated by each
Member State in accordance with the principles laid down in the Inter-institutional
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 theEuropean Parliament and to the Council.

6.

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

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Article 33
Consultation ForumThe Commission shall establish a Consultation Forum for providing advice and expertise in relation
to the implementation of this Regulation. The rules of procedure of the Consultation Forum shall beestablished by the Commission and shall be published. The consultation forum shall, where
relevant, involve the European Medical Agency.
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 shallapply.

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CHAPTER IX
TRANSITIONAL AND FINAL PROVISIONS
Article 35
Review
1.

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.

2.

The Commission is empowered to adopt delegated acts in accordance with Article 32 toamend the lists of gases in Annexes I, II and III, where it has been found by the
Assessment Panels established under the Montreal Protocol or by another authority ofequivalent stature that these gases have a significant impact on climate and where thesegases are exported, imported, produced or placed on the market in significant quantities.

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3.

No later than 1 July 2027, the Commission shall publish a report assessing whether costeffective, technically feasible, energy-efficient and reliable alternatives exist, whichmake the replacement of fluorinated greenhouse gases possible in mobile refrigeration,
mobile air conditioning equipment and where appropriate, put forward a legislative
proposal to the European Parliament and to the Council to amend the list set out inAnnex IV.

3a.

No later than 1 July 2028, the Commission shall publish a report assessing the impact of
this Regulation on the health sector, particularly the availability of MDIs for the deliveryof pharmaceutical ingredients, as well as the impact on the market of cooling equipmentused in conjunction with batteries.

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4.

No later than 1 January 2030 the Commission shall publish a report on the effects of thisRegulation.
The report shall include an evaluation of the following:a)whether cost-effective, technically feasible, energy-efficient, sufficiently available
and reliable alternatives exist, which make the replacement of fluorinatedgreenhouse gases possible in the equipment of Annex IV covered by prohibitions
that have not yet become applicable at the time of the evaluation, especiallyequipment subject to full fluorinated greenhouse gas prohibitions including ‘split’
air conditioners and heat pumps;b)international developments relevant for the shipping sector and the potential
expansion of the scope of containment requirements to fluorinated gases containedin refrigeration and air conditioning equipment of ships;c)the potential expansion of the scope of the export ban referred to in Article 22(5),taking into account, inter alia, the potential increased global availability of
products and equipment containing low GWP fluorinated greenhouse gases or
natural alternatives and developments under the Montreal Protocol;

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d)

the potential inclusion in the quota requirement laid down in Article 16(1), of thehydrofluorocarbons for purposes listed in Article 16(2), particularlyhydrofluocarbons supplied directly by a producer or an importer to an undertaking
using it for etching of semiconductor material or the cleaning of chemicals vapour
deposition chambers within the semiconductor manufacturing sector;e)the risk of excessive reduction of competition in the market due to the prohibitions
and related exceptions in Article 13(5) and of the provisions of Article 13(5)relating to high voltage switchgear of more than 145 kV or more than 50 kA shortcircuit current.

The Commission shall submit, if appropriate, a legislative proposal, which may include
amending Annex IV, to the European Parliament and Council.
5.

By 1 January 2040, the Commission shall review the needs for hydrofluorocarbons inthe sectors where they are still used and the phase-out of HFC quotas set out in Annex
VII for the year 2050, in particular, taking into account technological developments, theavailability of alternatives to hydrofluorocarbons for the relevant applications and theUnion’s climate targets. Where appropriate, the review shall be accompanied by alegislative proposal to the European Parliament and Council.

6.

The European Scientific Advisory Board on Climate Change established under Article
10a of Regulation (EC) No 401/2009 may, on its own initiative, provide scientific advice
and issue reports on the coherence of this Regulation with the objectives of Regulation(EC) No 2021/1119 and the Union’s international commitments under the Paris
Agreement.

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Article 36
Repeal and transitional provisions
1.

Regulation (EU) No 517/2014 is repealed.

2.

Article 12 of Regulation (EU) 517/2014 as applicable on [OP: please insert the date =the day before the date of entry into force of this Regulation] shall continue to apply
until [OP: please insert the date = the last day of the year of entry into force of thisRegulation].

3.

Article 19 of Regulation (EU) 5017/2014 as applicable on [OP: please insert the date =the day before the date of entry into force of this Regulation] shall continue to apply withregard to the reporting period from [OP: please insert the date = the first day of the year
prior to the year of entry into force of this Regulation] to [OP: please insert the date =the last day of the year prior to the year of entry into force of this Regulation].

4.

Quota allocated in accordance with Article 16(5) of Regulation (EU) 5017/2014 remain
valid for the purpose of complying with this Regulation.

5.

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

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 thisRegulation]’.

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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.
Articles 12 and 17(5) shall apply from 1 January ... [OP: Please insert the date = the year following
the year of entry into force of this Regulation].
Articles 20(2), 20(3) and 23(5) shall apply from:(a)

3 March 2025 for release for free circulation referred to in Article 201 of Regulation(EU) 952/2013 and all other import procedures and for export;

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Article 17(5) shall apply from ... [OP: Please insert the year following the year of the application ofthis 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

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ANNEX I
Fluorinated greenhouse gases referred to in Article 2(1)1 – hydrofluorocarbons, perfluorocarbons
and other fluorinated compounds

Substance
Industrial
designation

Chemical name (Common

Chemicalformulaname)

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

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

1
2
3

Mixtures containing the substances listed in this Annex are considered as fluorinatedgreenhouse gases covered by the rules of this Regulation (Article 2(1)).
Based on the Fourth Assessment Report adopted by the Intergovernmental Panel on
Climate Change, unless otherwise indicated.
Based on the Sixth Assessment Report adopted by the Intergovernmental Panel on Climate
Change, unless otherwise indicated.

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HFC-227ea

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

3 220

5 850

HFC-236cb

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

CH2FCF2CF3

1 340

3 750

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

Substance
Industrial
designation

GWP 100 GWP 20(Error!

Chemical name (Common Chemical formula
name)Bookmark(Error!

notBookmark notdefined.)defined.)carbon CF4

7 380

5 300

C2F6

12 400

8 940

C3F8

9 290

6 770

C4F10

10 000

7 300

C5F12

9 220

6 680

CF3CF2CF2CF2CF2CF3 8 620

6 260

C-C4F8

7 400

Section 2: Perfluorocarbons (PFCs)
tetrafluoromethane
PFC-14

PFC-116

PFC-218(perfluoromethane,tetrafluoride)
Hexafluoroethane(perfluoroethane)octafluoropropane(perfluoropropane)

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

decafluorobutane

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

dodecafluoropentane

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

tetradecafluorohexane

PFC-c-318

octafluorocyclobutane

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(perfluoro cyclobutane)
PFC-9-1-18(R-91-18)
PFC-4-1-14(R-41-14)

Perfluorodecalin

perfluoro-2-methylpentane

C10F187 480

CF3CFCF3CF2CF2CF3(I-C6F14)5 480

7 370 (4)(*)

25 30018 300

2 750

4 580

Section 3: Other (per)fluorinated compounds and fluorinated nitriles
sulphur hexafluoride

SF6

Heptafluoroisobutyronitrile(2,3,3,3-tetrafluoro-2Iso-C3F7CN(trifluoromethyl)propanenitrile)4*

Droste et al. (2019). Trends and Emissions of Six Perfluorocarbons in the Northern andSouthern Hemisphere. Atmospheric Chemistry and Physics.
https://acp.copernicus.org/preprints/acp-2019-873/acp-2019-873.pdf
Global warming potential not yet available.

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ANNEX II
Other fluorinated greenhouse gases referred to in Article 2(1) (5) – unsaturatedhydro(chloro)fluorocarbons, fluorinated substances used as inhalation anaesthetics andother fluorinated substances

20 yearsGWP(Error!

Substance
Common name/industrial
designation

Chemical formula

GWP (6)

defined.)forinformation
purposes only

Section 1: Unsaturated hydro(chloro)fluorocarbons
HCFC-1224yd

Bookmark not

0,06(7)

CF3CF=CHCl(*)

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

0,005

0,017

1,1-difluoroethylene (HFC-1132a)

0,052

0,189

CH2=CF2(Error!

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

HFC-1234yf

CF3CF = CH2

0,501

1,81

HFC-1234ze

trans — CHF = CHCF3

1,37

4,94

HFC-1336mzz(E)(E)-CF3CH = CHCF3

17,9

64,3

HFC-1336mzz(Z)(Z)-CF3CH = CHCF3

2,08

Fn (8)

Bookmark
not defined.)

7,48
–

5
6
7

*
8

Mixtures containing the substances listed in this Annex are considered as fluorinatedgreenhouse gases covered by the rules of this Regulation (Article 2(1)).
Based on the Sixth Assessment Report adopted by the Intergovernmental Panel on Climate
Change, unless otherwise indicated.
Tokuhashi, K., T. Uchimaru, K. Takizawa, & S. Kondo (2018): Rate Constants for theReactions 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.
Default value, global warming potential not yet available.

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HCFC-1233zd

CF3CH = CHCl

HCFC-1233xf

CF3CCl = CH2

3,88

14

1 Fn (Error!

(Error!

Bookmark notBookmark

defined.)notdefined.Error

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

Bookmark

not defined.

(CF3)2CHOCH2F

195

702

HCFE-235ca2 (enflurane) and isomers CHF2OCF2CHFCl

654

2 320

HCFE-235da2
isomers

CHF2OCHClCF3

539

1 930

HFE-236ea2 (desflurane) and isomers CHF2OCHFCF3

2 590

7 020

NF3

17 40013 400

SO2F2

4 630

7 510

(isoflurane)

andSection 3: other fluorinated substances
nitrogen trifluoride
sulfuryl fluoride

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ENANNEX III

Fluorinated greenhouse gases referred to in Article 2(1)9 – fluorinated ethers, ketones andalcohols and other fluorinated compounds

Substance
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

9
10

Mixtures containing the substances listed in this Annex are considered as fluorinatedgreenhouse gases covered by the rules of this Regulation (Article 2(1)).
Based on the Sixth Assessment Report adopted by the Intergovernmental Panel on Climate
Change, unless otherwise indicated.

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n-HFE-7100

CF3CF2CF2CF2OCH3

544

1 920

i-HFE-7100(CF3)2CFCF2OCH3

437

1 540

i-HFE-7200(CF3)2CFCF2OCH2CH3

34,3

124

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

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HFE 365 mcf3

CF3CF2CH2OCH3

1,6

5,77

HFE-374pc2

CHF2CF2OCH2CH3

12,5

45

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

13,6

49,1

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

CF3C(O)CF(CF3)2

0,29(11)(*)

perfluoropolymethylisopropyl-ether(PFPMIE)

CF3OCF(CF3)CF2OCF2OCF3

10 300

7 750

Perfluoro(2-methyl-3-pentanone)

CF3CF2C(O)CF(CF3)2*

–

0.114

–

–

0.441

Section 2: Other fluorinated compounds
▌

▌

▌

▌

trifluoromethylsulphurpentafluoride

SF5CF318 50013 900

Perfluorocyclopropane

c-C3F69 200 (12)6 850(Error!
Bookmark not defined.)

Heptafluoroisobutyronitrile (2,3,3,3tetrafluoro-2-(trifluoromethyl)Iso-C3F7CN
propanenitrile)

2 750

4 580

perfluorotributylamine
FC43)

C12F27N

8 490

6 340

C5F11NO

8 380 *(13)(*)(PFTBA,

perfluoro-N-methylmorpholine

11
12
13
*

Ren et al. (2019). Atmospheric Fate and Impact of Perfluorinated Butanone and Pentanone.
Environ. Sci. Technol. 2019, 53, 15, 8862–8871
WMO et al. (2018). Scientific Assessment of Ozone Depletion.
REACH registration dossier. https://echa.europa.eu/registration-dossier/-/registereddossier/10075/5/1
Not yet available.

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Perfluorotripropylamine

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C9F21N

9 030

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6 750

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ANNEX IV
Placing on the market prohibitions referred to in Article 11(1)Date ofprohibition

Products and equipment(1)

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.

4 July 2007

STATIONARY REFRIGERATION(2)

Domestic refrigerators and - that contain HFCs with GWP of 150 or
1 January 2015
freezers:
more- that contain fluorinated greenhousegases, except when required to meet 1 January 2026
safety requirements- that contain HFCs with GWP of 2 500 or
1 January 2020
more;

(3)

Refrigerators and freezers - that contain HFCs with GWP of 150 or 1 January 2022
for commercial use (self- more;contained equipment):- that contain other fluorinated greenhouse
1 January 2025
gases with a GWP of 150 or more.

(4)

Any self-contained refrigeration equipment, except chillers, that
contains fluorinated greenhouse gases with a GWP of 150 or more, 1 January 2025
except when required to meet safety requirements.

(5)

Refrigerationequipment, - HFCs with GWP of 2 500 or moreequipment
intendedfor 1 January 2020
exceptchillers
and except
equipment covered in 12 application designed to cool products toand 14, that contains, or temperatures below – 50 °C;

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whoseupon:

functioning

relies- fluorinated greenhouse gases with a
GWP of 2500 or more, except
equipment intended for application 1 January 2025
designed to cool products totemperatures below – 50 °C;- fluorinated greenhouse gases with a
GWP of 150 or more, except when 1 January 2030
required to meet safety requirements.

(6)

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 cascade 1 January 2022
systems where fluorinated greenhouse gases with a GWP of less than 1
500 may be used.

CHILLERS- fluorinated greenhouse gases with a 1 January 2027
GWP of 150 GWP or more for chillers
up to and including a rated capacity of
12kW,except when required to meet
safety requirements;(7)

Chillers that contain, or
whose functioning relies - fluorinated greenhouse gases forchillers up to and including a rated
upon:
capacity of 12kW, except when 1 January 2032
required to meet safety requirements;- fluorinated greenhouse gases with a
GWP of 750 for chillers above 12kW,
except when required to meet safety 1 January 2027
requirements.

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STATIONARY AIR CONDITIONING AND HEATPUMPS- Plug-in room air-conditioning
equipment ▌which is movable
1 January 2020
between rooms by the end user that
contain HFCs with GWP of 150 or
more;

(8)

Self-contained
airconditioning
and heatpump equipment, except
chillers, that:- Plug-in room, monoblock airconditioning and other selfcontained heat pump equipment, ,with a maximum rated capacity of
up to including 12 kW that containfluorinated greenhouse gases with a
GWP of 150 or more, except when
1 January 2027
requiredtomeetsafetyrequirements.
Whensafetyrequirements at the site of
installation would not allow using
alternatives
tofluorinatedgreenhouse gases with GWP of
150 or less, the GWP limit is 750;

- Plug-in room, monoblock airconditioning and other selfcontained heat pump equipment, ,with a maximum rated capacity of
up to including 12 kW that containfluorinated greenhouse gases,
except when required to meet 1 January 2032
safety requirements. When safety
requirements at the site of
installation would not allow using
alternatives
tofluorinatedgreenhouse gases, the GWP limit
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- Monoblock and other selfcontained air-conditioning andheat pump equipment, with amaximum rated capacity of larger
than 12kW but not exceeding 50
kW that contain fluorinatedgreenhouse gases with a GWP of
150 or more, except when required 1 January 2027
to meet safety requirements. Whensafety requirements at the site of
installation would not allow using
alternatives
tofluorinatedgreenhouse gases with GWP of
150 or less, the GWP limit is 750;

- Other
self-contained
airconditioning and heat pumpequipment that contain fluorinatedgreenhouse gases with GWP of
150 or more, except when required
to meet safety requirements. When 1 January 2030
safety requirements would not
allow
using
fluorinatedgreenhouse gases with GWP of
150 or less, the GWP limit is 750.

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- Single split systems, containing lessthan 3 kg of fluorinated greenhousegases listed in Annex I, that contain,or whose functioning relies upon,fluorinated greenhouse gases listed in
Annex I with GWP of 750 or more;

1 January 2025

- Split air-to-water systems of a rated
capacity up to and including 12 kW_____________
containing, or whose functioning
relies upon, fluorinated greenhouse
14
gases with a GWP of 150 or more,
For the purpose of this Regulation,
fixed double duct heat pump andexcept when required to meet safety
air-conditioning equipment shall be
requirements;

1 January 2027

- Split air-to-air systems of a rated
capacity up to and including 12 kW
containing, or whose functioning
relies upon, fluorinated greenhousegases with a GWP of 150 or more,
except when required to meet safety
requirements;

1 January 2029

(9)

Split air-conditioning
heat pump equipment:14

andconsidered split (category number18) and be subject to the samerequirements.

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- Split systems of a rated capacity up
to and including 12 kW, containing,or whose functioning relies upon,fluorinatedgreenhousegases,
except when required to meet safety
requirements;- Split systems of a rated capacity ofmore than 12 kW containing, or
whose functioning relies upon,fluorinated greenhouse gases withGWP of 750 or more, except whenrequiredtomeetsafetyrequirements;- Split systems of a rated capacity ofmore than 12 kW containing, or
whose functioning relies upon,fluorinated greenhouse gaseswith
GWP of 150 or more, except whenrequiredtomeetsafetyrequirements.

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1 January 2035

1 January 2029

1 January 2033

185

EN

OTHER PRODUCTS AND EQUIPMENT(10) Non-confined direct evaporation systems that contain HFCs and PFCs as
refrigerants.

(11) Fire protection equipment:

4 July 2007

that contain PFCs;

4 July 2007

that contain HFC-23;

1 January 2016that contain or rely on other fluorinatedgreenhouse gases listed in Annex I,
except when required to meet safety
requirements.

1 January 2025(12) Windows for domestic use that contain fluorinated greenhouse gases
listed in Annex I.

4 July 2007(13) Other windows that contain fluorinated greenhouse gases listed in Annex
I.

4 July 2008(14) Footwear that contains fluorinated greenhouse gases listed in Annex I.

4 July 2006(15) Tyres that contain fluorinated greenhouse gases listed in Annex I.

4 July 2007(16) 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

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-

(17) Foams:-

Extruded polystyrene (XPS) that
contain HFCs with GWP of 150 or
more, except when required to meetnational safety sstandards;

1 January 2020

Foams
other
than
extrudedpolystyrene (XPS) that contain
HFCs with GWP of 150 or more,
except when required to meetnational safety standards;

1 January 2023

that contain fluorinated greenhousegases, except when required to meet
1 January 2033
safety requirements.

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

4 July 2009

1 January 2018-that contain HFCs with GWP of 150
or more, except when required tomeet national safety standards orwhen used for medical applications;-that contain fluorinated greenhousegases, except when required to meet
safety requirements or when used 1 January 2030
for medical applications.

(19) Technical aerosols:(20) Personal care products (e.g. mousse, creams, foams, liquids, sprays)
containing fluorinated greenhouse gases.

1 January 2025(21) 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 2025▌

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EN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.

▌

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ENANNEX V
Production rights for placing hydrofluorocarbons on the market
The production rights for hydrofluorocarbons, expressed in tonnes of CO2 equivalents, referred toin Article 14(2) for each producer are calculated as:(a)for the period 1 January 2025 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.

▌

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ANNEX VI
Method of calculating the total GWP of a mixture referred to in Article 3, point 1
The GWP of a mixture is calculated as a weighted average, derived from the sum of the weightfractions 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 weight tolerance 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 0)
Total GWP = 13,0
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. Only emissible
components that fulfil broadly the same function are relevant for the calculation of the GWP.

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SubstanceCommon name

Industrial
designation

Chemical Formula

GWP 100(15)methaneCH427,9nitrous oxide

N20

273

dimethyl ether

CH3OCH31(16)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(17)pentaneR-601

CH3CH2CH2CH2CH30(16)isopentane

R-601a(CH3)2CHCH2CH30(16)(diethyl R-610

CH3CH2OCH2CH3

4(15)

R-611

HCOOCH3

11(18)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)

ethoxyethane
ether)
methyl formate

cyclopentane

15
16
17
18

Based on the Sixth Assessment Report adopted by the Intergovernmental Panel on Climate
Change, unless otherwise indicated.
Based on the Fourth Assessment Report adopted by the Intergovernmental Panel on
Climate Change.
WMO et al. (2018). Scientific Assessment of Ozone Depletion, where value is given as<<1.
WMO et al. (2018). Scientific Assessment of Ozone Depletion.

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EN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:

Years

(2)

Maximum Quantity
in tonnes CO2 equivalent2025 – 2026

42 874 410

2027 – 2029

21 665 691

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 ▌ 2049

4 200 133

2050 onwards

0

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

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(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:

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i)

a reference value for placing hydrofluorocarbons on the market based on the annual
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 andunder Article 26 of this Regulation for the years available, not including quantities ofhydrofluorocarbons for the usages referred to in Article 26(5) during the same
period, on the basis of available data;ii)

in addition, for importers and producers that have reported the placing on the marketof hydrofluorocarbons for the usage referred to in Article 26(5), second
subparagraph, a reference value based on the annual average of the quantities of
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.

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EN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, whichis 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 isallocated divided by the base value of 176 700 479 tonnes CO2 equivalent19;–

in addition, where relevant, a quota corresponding to the reference value referred toin Annex VII, point 4(ii). From 2027, such a quota is obtained by multiplying thereference value with a factor of 0.85. From 2030, such a quota corresponds to thereference value multiplied by the maximum quantity for the year for which the quota
is allocated divided by the maximum quantity for the year 2025.

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 to beallocated to undertakings, which have submitted a declaration under Article 17(3).
Each undertaking receives an allocation corresponding to a pro-rata share of the reserve.

19This number is the maximum quantity established for 2015 at the beginning of the phasedown, taking into account BREXIT.

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The pro-rata share is calculated by dividing 100 by the number of undertakings that havesubmitted a declaration.
(3)

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

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

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 andnot captured, and identifying quantities destroyed, from such production or byproduction, of amounts not captured, or if captured, quantities destroyed prior to theirplacing on the market, either in the facilities of the producer or handed over to other
undertakings for destruction, as well as the undertaking that carried out thedestruction;(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.

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(2)

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 the substance isused, 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;–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 recovered, 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.

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(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 the quantitiesof each substance listed in Annexes I, II and III that it has exported from the Union,
specifying if from own production or import or if purchased from other undertakings
within the Union, including the amounts of hydrofluorocarbons contained in preblended polyols.

(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,separately, the quantities of those substances contained in products or equipment;(b)

any stocks held at the beginning and the end of the reporting period of each
substance listed in Annexes I, II and III waiting to be destroyed, including,separately, the quantities of those substances contained in products or equipment;(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.

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(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 with regard to products and equipment or mass with regard to
non-countable products like foams;(c)any quantities of each substance listed in Annexes I, II and III contained in the
products or equipment;(d)the amount of hydrofluorocarbons charged into the imported equipment, released forfree circulation, for which the hydrofluorocarbons had previously been exported
from the Union and which had been subject to quota limitations for placing on theUnion market. In such case, the report shall also specify the exporting undertaking
and the year of export as well as the undertaking having placed thehydrofluorocarbons on the Union market for the first time and the year of that
placing on the market.

(7)

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, directexports, metered dose inhalers for the delivery of pharmaceutical ingredients use inmilitary equipment and use in the etching of semiconductor material or the cleaning ofchemical 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 held at the beginning and the end of the reporting period of each
substance listed in Annexes I, II and III waiting to be reclaimed.

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ENANNEX X
Correlation Table**To be reviewed
Regulation (EU) No 517/2014

This Regulation

Article 1

Article 1

Article 2(1)Article 2(1)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(356)

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)14409/23
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Article 2(24)Article 3(21)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)14409/23
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Article 8(3)Article 8(4)Article 9

Article 9

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-14409/23
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Article 13(2)Article 13(2)Article 13(3)-Article 14(1)Article 19(1)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)14409/23
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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)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

14409/23
ANNEX

LZ/PD/dk
TREE.1.A

205

EN

14409/23
ANNEX

LZ/PD/dk
TREE.1.A

206

EN