### 5. notes the suggestion of the court to publish vacancy notices also on the website of the european personnel selection office in order to increase publicity; understands the agency’s reply concerning the translation costs triggered by such publication; notes that the agency publishes vacancy notices on the eu agencies’ network website and on social media to increase publicity; ### 5. supports the suggestion of the court to publish vacancy notices also on the website of the european personnel selection office in order to increase publicity; understands the agency’s reply concerning the translation costs triggered by such publication; notes that the agency publishes vacancy notices on the eu agencies’ network website and on social media to increase publicity;


### 7. notes from the court’s report that for the provision of copernicus local land monitoring services , the agency contracted services for an amount above the ceiling of the governing framework contract but did not formalise it through a contract amendment; notes from the agency’s reply that it considers that the increase of the budget ceiling was made in accordance with the guidance from the commission; ### 7. notes with concern from the court’s report that for the provision of copernicus local land monitoring services , the agency contracted services for an amount above the ceiling of the governing framework contract but did not formalise it through a contract amendment; notes from the agency’s reply that it considers that the increase of the budget ceiling was made in accordance with the guidance from the commission;


### 9. notes from the court’s report that there is a need to strengthen the accounting officer’s independence by making him or her directly responsible to the agency’s executive director and management board; notes from the agency’s reply that it considers that the functional independence of the accounting officer is already guaranteed; ### deleted


### 10. notes the agency’s efforts to provide a cost-effective and environmentally- friendly working place and to preferably reduce and offset its co2 emissions in the areas of premises and travel; ### deleted


### 2. recalls that 2018 was the year of the final registration deadline under regulation (ec) no 1907/20061(‘reach regulation’); stresses that the agency received 37 400 dossiers in that year , which represents an increase of 135 % compared to 2017; ### 2. recalls that 2018 was the year of the final registration deadline under regulation (ec) no 1907/20061 (‘reach regulation’); stresses that the agency received 37 400 dossiers in that year , which represents an increase of 135% compared to 2017; stresses the way agency has coped with the dramatic increase in registrations over the past year;


### 2. emphasises that the agency is partly financed from the fees it receives from companies that request the registration of chemicals as required under regulation (ec) no 1907/200617 ; notes that the applicable fees depend on the size of the companies and the volume of chemicals registered (different thresholds); notes that , according to the court’s report , since the first registrations in 2009 , some 27 % of the companies claimed to be micro , small or medium size; notes with concern , however , that thanks to the agency’s effective system of ex-post verifications , the agency has identified that some 52 % of the companies had incorrectly declared their size , resulting in lower fees; stresses that this finding demonstrates the limitations of a system that relies excessively on self-declarations made by applicants; notes that , in order to mitigate this situation , the agency has , over the years , invoiced fee corrections and administrative charges amounting to eur 17 ,9 million and that the agency has made considerable progress in recovering undue fee reductions and collecting overdue administrative charges; notes , however , that there is still a considerable verification workload ahead and that the remaining amount of necessary fee corrections was unknown at the end of 2018; furthermore , urges the national enforcement authorities to enhance the verification systems used to check the volumes of chemicals declared by the companies; calls on the agency to report to the discharge authority on its efforts , and on the results achieved , to continue to reduce the considerable verification backlog and to implement the fee corrections; ### 2. emphasises that the agency is partly financed from the fees it receives from companies that request the registration of chemicals as required under regulation (ec) no 1907/200617 ; notes that the applicable fees depend on the size of the companies and the volume of chemicals registered (different thresholds); notes that , according to the court’s report , since the first registrations in 2009 , some 27 % of the companies claimed to be micro , small or medium size; notes with concern , however , that thanks to the agency’s effective system of ex-post verifications , the agency has identified that some 52 % of the companies had incorrectly declared their size , resulting in lower fees; stresses that this finding demonstrates the limitations of a system that relies excessively on self-declarations made by applicants; notes that , in order to mitigate this situation , the agency has , over the years , invoiced fee corrections and administrative charges amounting to eur 17 ,9 million and that the agency has made considerable progress in recovering undue fee reductions and collecting overdue administrative charges; notes , however , that there is still a considerable verification workload ahead and that the remaining amount of necessary fee corrections was unknown at the end of 2018; urges the agency to put in place similarly thorough ex-ante verifications to minimize the risk of fraudulent self-declarations; furthermore , urges the national enforcement authorities to enhance the verification systems used to check the volumes of chemicals declared by the companies; calls on the agency to report to the discharge authority on its efforts , and on the results achieved , to continue to reduce the considerable verification backlog and to implement the fee corrections;


### 9. takes note of the new organisational structure that was set up in the agency in 2018 , which is aimed at enabling further efficiencies through better linking and coordination across tasks; ### 9. welcomes the efforts that were made to streamline the organisational structure in 2018 , which is aimed at enabling further efficiencies through better linking and coordination across tasks; notes that the agency has managed to meet the vast majority of its objectives;


### 9. notes that the agency has an anti-harassment policy and related guidelines that were updated in 2018 in place; acknowledges that it organised training sessions and enabled confidential counselling; ### deleted


### 1. grants the executive director of the european chemicals agency discharge in respect of the implementation of the agency’s budget for the financial year 2018 / postpones its decision on granting the executive director of the european chemicals agency discharge in respect of the implementation of the agency’s budget for the financial year 2018; ### 1. grants the executive director of the european chemicals agency discharge in respect of the implementation of the agency’s budget for the financial year 2018;


### 1. approves the closure of the accounts of the european chemicals agency for the financial year 2018 / postpones the closure of the accounts of the european chemicals agency for the financial year 2018; ### 1. approves the closure of the accounts of the european chemicals agency for the financial year 2018;


### 3. notes that the agency has revenues coming from both fees and charges payable by industry and a balancing subsidy from the union budget; notes with concern that , according to the court’s report , as the third registration deadline under regulation (ec) no 1907/2006 expired in may 2018 , income from fees and charges is expected to drop significantly from 2019 onwards; points out that there is a risk that relatively stable expenditure and much less predictable revenue may have a negative effect on the agency’s operations and budget implementation; takes note , however , that according to the agency’s reply , it has initiated discussions with the commission on a new , viable financing model; calls on the agency to keep the discharge authority updated on developments in this regard; ### 3. notes that the agency has revenues coming from both fees and charges payable by industry and a balancing subsidy from the union budget; notes with concern that , according to the court’s report , as the third registration deadline under regulation (ec) no 1907/2006 expired in may 2018 , income from fees and charges is expected to drop significantly from 2019 onwards; points out that there is a risk that relatively stable expenditure and much less predictable revenue may have a negative effect on the agency’s operations and budget implementation; stresses the necessity of putting in place a new , viable and thorough financing model , about which , according to the agency's reply , the agency has initiated discussions with the commission; calls on the agency to keep the discharge authority updated on developments in this regard;


### 5. acknowledges that , despite the risks and constraints in some areas , the agency reached 58 out of 69 of its key performance indicator targets; ### 5. acknowledges that , despite the risks and constraints in some areas , the agency reached 58 out of 69 of its key performance indicator targets; further urges the agency to strive to achieve 100 % fulfilment of its kpi targets;


### 6. notes that the agency continues to share its internal audit capability with the european global navigation satellite systems agency and closely collaborates with other agencies , including by way of sharing services in the context of an inter-agency network and by way of sharing resources through memoranda of understanding; ### 6. notes that the agency continues to share its internal audit capability with the european global navigation satellite systems agency and closely collaborates with other agencies , including by way of sharing services in the context of an inter-agency network and by way of sharing resources through memoranda of understanding; commends this cooperation as an example for other agencies worth following; encourages the agency to seek further and broader cooperation with the union agencies; encourages the agency to initiate discussions on the topic of resources-sharing on overlapping tasks among other agencies with similar activities;


### 3. recalls that the centre’s mission is to identify , assess and communicate current and emerging threats to human health from communicable diseases; stresses that in 2018 the centre responded to 31 formal scientific requests from the commission (of which 10 were forwarded from members) , and published a total of 214 reports , including 35 rapid risk assessments addressing disease threats; ### 3. recalls that the centre’s mission is to identify , assess and communicate current and emerging threats to human health from communicable diseases; stresses that in 2018 the centre responded to 31 formal scientific requests from the commission (of which 10 were forwarded from members) , and published a total of 214 reports , including 35 rapid risk assessments addressing disease threats; points out that its role will become ever more important in the context of climate change , as the breeding grounds for various pathogens are changing and diseases are spreading to areas which have not encountered them before;


### 5. regrets , concerning the implementation of the independence policy of the centre , that not all the required annual declarations of interest were submitted , particularly by management board members (96 %) and advisory forum members (89 %); ### 5. regrets , concerning the implementation of the independence policy of the centre , that not all the required annual declarations of interest were submitted , particularly by management board members (96 %) and advisory forum members (89 %); calls , therefore , for strict adherence to the rules and internal procedures;


### 6. stresses that the centre launched its third external evaluation , which was coordinated by a steering committee comprised of management board members , and that the result of the evaluation was expected for mid-2019; ### 6. stresses that the centre launched its third external evaluation , which was coordinated by a steering committee comprised of management board members , and that the result of the evaluation was expected for mid-2019; points out that the results of that third external evaluation should have been made available in mid-2019;


### 1. grants the director of the european centre for disease prevention and control discharge in respect of the implementation of the centre’s budget for the financial year 2018 / postpones its decision on granting the director of the european centre for disease prevention and control discharge in respect of the implementation of the budget of the centre for the financial year 2018; ### 1. grants the director of the european centre for disease prevention and control discharge in respect of the implementation of the centre’s budget for the financial year 2018;


### 1. approves the closure of the accounts of the european centre for disease prevention and control for the financial year 2018 / postpones the closure of the accounts of the european centre for disease prevention and control for the financial year 2018; ### 1. approves the closure of the accounts of the european centre for disease prevention and control for the financial year 2018;


### 4. notes that the centre continues to share best practices and regularly works with other agencies , most notably the european food safety authority , the european medicines agency and the european monitoring centre for drugs and drug addiction; acknowledges , furthermore , that the centre participates in inter-institutional procurements organised by other agencies; ### 4. welcomes that the centre continues to share best practices and regularly works with other agencies , most notably the european food safety authority , the european medicines agency and the european monitoring centre for drugs and drug addiction; acknowledges , furthermore , that the centre participates in inter-institutional procurements organised by other agencies; strongly encourages the centre to actively seek further and broader cooperation with all of the union agencies;


### 6. believes that the authority should continue paying special attention to public opinion , and commit itself to openness and transparency; ### 6. believes that the authority should continue paying special attention to public transparency and the involvement of the public in risk assessment;


### 8. notes that following the results of the third external evaluation of the authority , the management board adopted a series of recommendations , focusing on enhancing the authority’s capacity for fit-for-purpose scientific advice , bolstering communication activities to strengthen the authority’s reputation and securing the long-term efficiency and sustainability of the authority’s operations; ### 8. notes that following the results of the third external evaluation of the authority , the management board adopted a series of recommendations , focusing on enhancing the authority’s capacity for fit-for-purpose scientific advice , bolstering communication activities to strengthen the authority’s reputation and securing the long-term efficiency and sustainability of the authority’s operations; stresses the need to ensure the authority's independence , given that some of its officials have been accused of having conflicts of interest and connections with the companies whose products it was supposed to be monitoring , and , in some cases , passing on arguments from their internal scientific reports;


### 9. notes with satisfaction that the authority cooperates with other agencies working on complementary tasks , i.e. the european centre for disease prevention and control (ecdc) , the european chemicals agency and the european medicines agency , e.g. in the areas of data collection and analysis and databases (e.g. zoonoses , antimicrobial resistance , molecular typing) , in scientific assessments (e.g. rapid outbreak assessments with the ecdc) , or risk assessment; ### 9. notes with satisfaction that the authority cooperates with other agencies working on complementary tasks , i.e. the european centre for disease prevention and control (ecdc) , the european chemicals agency and the european medicines agency , e.g. in the areas of data collection and analysis and databases (e.g. zoonoses , antimicrobial resistance , molecular typing) , in scientific assessments (e.g. rapid outbreak assessments with the ecdc) , or risk assessment; stresses the importance of cooperation at eu and international level , including with member states , eu bodies and institutions , scientific organisations , international organisations , and third countries;


### 1. grants the executive director of the european food safety authority discharge in respect of the implementation of the authority’s budget for the financial year 2018 / postpones its decision on granting the executive director of the european food safety authority discharge in respect of the implementation of the authority’s budget for the financial year 2018; ### 1. grants the executive director of the european food safety authority discharge in respect of the implementation of the authority’s budget for the financial year 2018;


### 1. approves the closure of the accounts of the european food safety authority for the financial year 2018 / postpones the closure of the accounts of the european food safety authority for the financial year 2018; ### 1. approves the closure of the accounts of the european food safety authority for the financial year 2018;


### 5. notes with appreciation that the authority shares resources and activities with the european chemicals agency , the european medicines agency and the european centre for disease prevention and control in the areas of risk assessment , data , and research; notes that the authority has been increasing its resources and activity sharing with the joint research centre particularly in the sphere of environmental data and maps; ### 5. notes with appreciation that the authority shares resources and activities with the european chemicals agency , the european medicines agency and the european centre for disease prevention and control in the areas of risk assessment , data , and research; notes that the authority has been increasing its resources and activity sharing with the joint research centre particularly in the sphere of environmental data and maps; strongly encourages the authority to actively seek further and broader cooperation with all of the union agencies;


### 10. notes that in 2018 a fitness-check was carried out with the aim to assess how to revise the authority’s anti-fraud strategy in 2019 and during the reporting year , and that the authority did not have to transmit or follow-up on any suspicions of fraud cases to olaf; ### 10. welcomes that in 2018 a fitness-check was carried out with the aim to assess how to revise the authority’s anti-fraud strategy in 2019 and during the reporting year , and that the authority did not have to transmit or follow-up on any suspicions of fraud cases to olaf;


### 7. notes that in 2018 the second and third phases of the business continuity plan were implemented , in order to safeguard the core activities of the agency; ### 7. notes that in 2018 the second and third phases of the business continuity plan were implemented , in order to safeguard the core activities of the agency; stresses , in this respect , the need to ensure maximum transparency , expertise and independence in the agency's work;


### 8. is concerned about the delays observed in the development of the eu clinical trials portal and database; ### 8. is concerned about the delays observed in the development of the eu clinical trials portal and database; draws attention , in that connection , to the need to solve the problem of the agency's it infrastructure , which is under heavy strain;


### 1. grants the executive director of the european medicines agency discharge in respect of the implementation of the agency’s budget for the financial year 2018/ postpones its decision on granting the director of the european medicines agency discharge in respect of the implementation of the agency’s budget for the financial year 2018; ### 1. grants the executive director of the european medicines agency discharge in respect of the implementation of the agency’s budget for the financial year 2018;


### 1. approves the closure of the accounts of the european medicines agency for the financial year 2018/ postpones the closure of the accounts of the european medicines agency for the financial year 2018; ### 1. approves the closure of the accounts of the european medicines agency for the financial year 2018;


### 3. notes with concern that eudravigilance , an information system used to report suspected side effects of medicines , and other telematics projects had to be postponed or reduced due to the united kingdom’s decision to withdraw from the european union; ### 3. notes with concern that eudravigilance , an information system used to report suspected side effects of medicines , and other telematics projects had to be postponed or reduced due to the united kingdom’s decision to withdraw from the european union; however , acknowledges that the agency reassures that the projects and activities under the brexit business continuity plan (bcp) were carried out in a way which did not affect the functioning of the safety monitoring system for medicines in the union and allowed all parties involved (industry , the agency , national competent authorities) to continue complying with their legal obligations under the union pharmaceutical legislation;


### 14. notes that the agency meets with lobbyists and has rules in place to govern its interactions with stakeholders , and furthermore that it continues to publish the minutes of meetings with interest representatives on its website; notes that the agency continues to implement a framework for stakeholder relation management , in consultation with the commission , which encompasses transparency measures; ### 14. notes that the agency meets with interest representatives and has rules in place to govern its interactions with stakeholders , and furthermore that it continues to publish the minutes of meetings with interest representatives on its website; notes that the agency continues to implement a framework for stakeholder relation management , in consultation with the commission , which encompasses transparency measures;


### 17. notes that the court issued an emphasis of matter paragraph in relation to the two london-based agencies , concerning the united kingdom’s decision to withdraw from the european union; notes that the seat of the agency moved to amsterdam in march 2019 and that the agency’s accounts at 31 december 2018 , included provisions for related costs amounting to eur 17 800 000; regrets that the lease agreement for the london based premises sets a rental period until 2039 with no exit clause; also regrets that on 20 february 2019 , the high court of justice of england and wales ruled against ema’s request to cancel the lease; notes , however , that the lease agreement allows reassignment or subletting of the premises to third parties , subject to the landlord’s consent; deeply regrets that the notes to the accounts at 31 december 2018 disclosed an amount of eur 468 000 000 remaining rent until 2039 , of which an amount of eur 465 000 000 for the lease period after the agency’s planned move to amsterdam is disclosed as a contingent liability; urges the agency to do its utmost to minimise the financial , administrative and operational impact of the unfavourable lease agreement and to report to the discharge authority on the developments in this regard; ### 17. notes that the court issued an emphasis of matter paragraph in relation to the two london-based agencies , concerning the united kingdom’s decision to withdraw from the european union; notes that the seat of the agency moved to amsterdam in march 2019 and that the agency’s accounts at 31 december 2018 , included provisions for related costs amounting to eur 17 800 000; regrets that the lease agreement for the london based premises sets a rental period until 2039 with no exit clause; also regrets that on 20 february 2019 , the high court of justice of england and wales ruled against ema’s request to cancel the lease; notes , however , that the lease agreement allows reassignment or subletting of the premises to third parties , subject to the landlord’s consent; deeply regrets that the notes to the accounts at 31 december 2018 disclosed an amount of eur 468 000 000 remaining rent until 2039 , of which an amount of eur 465 000 000 for the lease period after the agency’s planned move to amsterdam is disclosed as a contingent liability; recognises the agency's significant efforts to find a subtenant for its london premises; urges the commission to do its utmost to minimise the long-term financial , administrative and operational impact on the agency of the unfavourable lease agreement and to report to the discharge authority on the developments in this regard;


### 17. notes that the court issued an emphasis of matter paragraph in relation to the two london-based agencies , concerning the united kingdom’s decision to withdraw from the european union; notes that the seat of the agency moved to amsterdam in march 2019 and that the agency’s accounts at 31 december 2018 , included provisions for related costs amounting to eur 17 800 000; regrets that the lease agreement for the london based premises sets a rental period until 2039 with no exit clause; also regrets that on 20 february 2019 , the high court of justice of england and wales ruled against ema’s request to cancel the lease; notes , however , that the lease agreement allows reassignment or subletting of the premises to third parties , subject to the landlord’s consent; deeply regrets that the notes to the accounts at 31 december 2018 disclosed an amount of eur 468 000 000 remaining rent until 2039 , of which an amount of eur 465 000 000 for the lease period after the agency’s planned move to amsterdam is disclosed as a contingent liability; urges the agency to do its utmost to minimise the financial , administrative and operational impact of the unfavourable lease agreement and to report to the discharge authority on the developments in this regard; ### 17. notes that the court issued an emphasis of matter paragraph in relation to the two london-based agencies , concerning the united kingdom’s decision to withdraw from the european union; notes that the seat of the agency moved to amsterdam in march 2019 and that the agency’s accounts at 31 december 2018 , included provisions for related costs amounting to eur 17 800 000; regrets that the lease agreement for the london based premises sets a rental period until 2039 with no exit clause; also regrets that on 20 february 2019 , the high court of justice of england and wales ruled against ema’s request to cancel the lease; notes , however , that the lease agreement allows reassignment or subletting of the premises to third parties , subject to the landlord’s consent; deeply regrets that the notes to the accounts at 31 december 2018 disclosed an amount of eur 468 000 000 remaining rent until 2039 , of which an amount of eur 465 000 000 for the lease period after the agency’s planned move to amsterdam is disclosed as a contingent liability; urges the commission together with the agency to do their utmost to minimise the financial , administrative and operational impact of the unfavourable lease agreement and to report to the discharge authority on the developments in this regard;


### 19. notes that , according to the agency , significant resources and new tasks had to be redistributed following the relocation to the netherlands , the consequent loss of short-term contract staff combined with the reduction of 10 % of the agency’s establishment plan imposed since 2014 and an increased workload; notes the agency’s concern that a shortage of human resources may put the fulfilment of its core and legislative responsibilities at risk; ### 19. notes that , according to the agency , significant resources and new tasks had to be redistributed following the relocation to the netherlands , the consequent loss of short-term contract staff combined with the reduction of 10 % of the agency’s establishment plan imposed since 2014 and an increased workload; notes the agency’s concern that a shortage of human resources may put the fulfilment of its core and legislative responsibilities at risk; calls upon the agency to research the possibility of sharing of resources on overlapping tasks among other agencies with similar activities , including sharing of staff; strongly encourages the agency to actively seek further and broader cooperation with all of the union agencies;


### products and equipment unlawfully placed on the market after the date referred to in the first subparagraph , shall not be subsequently used or supplied , or made available to other persons within the union for payment or free of charge or exported. such products and equipment may only be stored or transported for subsequent disposal and for the recovery of the gas prior to the disposal pursuant to article 8. ### products and equipment unlawfully placed on the market after the date referred to in the first subparagraph , shall not be subsequently used or supplied , or made available to other parties within the union for payment or free of charge or exported. such products and equipment may only be stored or transported for subsequent return to the origin country or for disposal and for the recovery of the gas prior to the disposal pursuant to article 8.


### products and equipment unlawfully placed on the market after the date referred to in the first subparagraph , shall not be subsequently used or supplied , or made available to other persons within the union for payment or free of charge or exported. such products and equipment may only be stored or transported for subsequent disposal and for the recovery of the gas prior to the disposal pursuant to article 8. ### products and equipment unlawfully placed on the market after the date referred to in the first subparagraph , shall not be subsequently used or supplied , or made available to other persons within the union for payment or free of charge or exported. such products and equipment may only be stored or transported for subsequent return to the origin country or for disposal and for the recovery of the gas prior to the disposal pursuant to article 8.


### 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 due to higher energy efficiency during its operation , its lifecycle co2 equivalent emissions would be lower than those of equivalent equipment which meets relevant ecodesign requirements. ### 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 and , where applicable , the lifecycle co2 equivalent emissions of its supporting structure would be lower than those of equivalent equipment and their supporting structure which meet relevant ecodesign requirements. furthermore , this prohibition shall not apply to equipment for which it has been established , taking into account the lifecycle assessment , that all alternative solutions emit more greenhouse gas emissions.


### containers which cannot be refilled without being adapted for that purpose (non-refillable); and ### containers which cannot be refilled without being adapted for that purpose (non-refillable containers); and


### following a substantiated request by a competent authority of a member state and taking into account the objectives of this regulation , the commission may , exceptionally , by means of implementing acts , authorise an exemption for up to four years to allow the placing on the market of products and equipment listed in annex iv , including parts thereof , containing fluorinated greenhouse gases or whose functioning relies upon those gases , where it is demonstrated that: ### following a substantiated request by a competent authority of a member state and taking into account the objectives of this regulation , the commission may , exceptionally , by means of implementing acts , authorise an exemption for up to four years to allow the placing on the market of products and equipment listed in annex iv , including parts thereof after 15 years of the date listed , containing fluorinated greenhouse gases or whose functioning relies upon those gases , where it is demonstrated that:


### 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 ### for a specific product or a piece of equipment , or for a specific category of products or equipment , suitable alternatives are not available , or cannot be used for technical or safety reasons; or


### only undertakings that hold a certificate required under article 10(1) , point (a) or the training attestation required under article 10(2) , or undertakings that employ persons holding such a certificate or a training attestation shall be allowed to purchase fluorinated greenhouse gases listed in annex i or annex ii , section 1 , for the purpose of carrying 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 (g) , and article 10(2). ### only undertakings that hold a certificate required under article 10(1) , point (a) or the training attestation required under article 10(2) , or undertakings that employ persons holding such a certificate or a training attestation shall be allowed to purchase fluorinated greenhouse gases listed in annex i or annex ii , section 1 , and other relevant alternatives to fluorinated greenhouse gases. for the purpose of carrying 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 (g) , and article 10(2).


### only undertakings that hold a certificate required under article 10(1) , point (a) or the training attestation required under article 10(2) , or undertakings that employ persons holding such a certificate or a training attestation shall be allowed to purchase fluorinated greenhouse gases listed in annex i or annex ii , section 1 , for the purpose of carrying 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 (g) , and article 10(2). ### only undertakings that hold a certificate required under article 10(1) , point (a) or the training attestation required under article 10(2) , or undertakings that employ persons holding such a certificate or a training attestation shall be allowed to purchase fluorinated greenhouse gases listed in annex i or annex ii , section 1 , as well as electrical switchgear spare parts for the purpose of carrying 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 (g) , and article 10(2).


### this paragraph shall not prevent non-certified undertakings , who do not carry out such activities , from collecting , transporting or delivering fluorinated greenhouse gases listed in annex i and annex ii , section 1. ### this paragraph shall not prevent non-certified undertakings , who do not carry out such activities , from collecting , transporting or delivering fluorinated greenhouse gases listed in annex i and annex ii , section 1 , and other relevant alternatives to fluorinated greenhouse gases.


### 14. in the cases referred to in annex iv , points 3 , 8 , 18(b) and (c) , 19 and 20 , the product shall be labelled with an indication that it may be used only where required by the safety standard to be specified. in the case referred to in annex iv , points 20 and 22 , the product shall be labelled with an indication that the product may only be used where required by the medical application to be specified. ### deleted


### from 1 january 2024 , the use of fluorinated greenhouse gases listed in annex i , with a global warming potential of 2 500 or more , for the servicing or maintenance of refrigeration equipment is prohibited. ### from 1 january 2024 , the use of fluorinated greenhouse gases listed in annex i , with a global warming potential of 150 or more , for the servicing or maintenance of stationary refrigeration equipment (excluding chillers) is prohibited.


### the prohibition referred to in the first subparagraph shall not apply to the following categories of fluorinated greenhouse gases until 1 january 2030: ### the prohibition referred to in the first subparagraph shall not apply to the following categories of fluorinated greenhouse gases until 1 january 2034:


### 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 refrigeration equipment , provided that they have been labelled in accordance with article 12(6); ### reclaimed fluorinated greenhouse gases listed in annex i with a global warming potential of 150 or more used for the maintenance or servicing of existing refrigeration equipment , provided that they have been labelled in accordance with article 12(6);


### recycled fluorinated greenhouse gases listed in annex i with a global warming potential of 2 500 or more used for the maintenance or servicing of existing refrigeration equipment provided they have been recovered from such equipment. such recycled gases may only be used by the undertaking which carried out their recovery as part of maintenance or servicing or the undertaking for which the recovery was carried out as part of maintenance or servicing. ### recycled fluorinated greenhouse gases listed in annex i with a global warming potential of 150 or more used for the maintenance or servicing of existing refrigeration equipment provided they have been recovered from such equipment. such recycled gases may only be used by the undertaking which carried out their recovery as part of maintenance or servicing or the undertaking for which the recovery was carried out as part of maintenance or servicing.


### 4. the use of desflurane as inhalation anaesthetic is prohibited as from 1 january 2026 , except when such use is strictly required and no other anaesthetic can be used on medical grounds. the user shall provide evidence , upon request , on the medical justification to the competent authority of the member state and the commission. ### 4. the use of desflurane as inhalation anaesthetic is only permitted as from 1 january 2026 , when such use is strictly required and no other anaesthetic can be used on medical grounds , or when it is used in conjunction with a gas capture technology.


### supplied directly by a producer or an importer to undertakings , for export out of the union , not contained in products or equipment , where those hydrofluorocarbons are not subsequently made available to any other party within the union , prior to export; ### supplied directly by a producer or an importer to undertakings , for export out of the union , not contained in pre-charged equipment referred to in article 19(1) , where those hydrofluorocarbons are not subsequently made available to any other party within the union , prior to export;


### supplied directly by a producer or an importer for use in military equipment; ### supplied by a producer or an importer for use in military equipment;


### following a substantiated request by a competent authority of a member state and taking into account the objectives of this regulation , the commission may , exceptionally by means of implementing acts , authorise an exemption for up to four years to 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: ### following a substantiated request by a competent authority of a member state , or an agency of the eu , or the consultation forum , and taking into account the objectives of this regulation , the commission may , exceptionally by means of implementing acts , authorise an exemption for up to four years to exclude from the quota requirement laid down in paragraph 1 hydrofluorocarbons for use in specific applications , or specific categories of products or equipment , where it is demonstrated in the request that:


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


### those implementing acts shall be adopted in accordance with the examination procedure referred to in article 34(2). ### those implementing acts shall be adopted in accordance with the examination procedure referred to in article 34(2). where requests concerning protection on imperative grounds of urgency so require , the commission shall adopt delegated acts in accordance with the procedure provided for in article 32 in order to authorise an exemption referred to in paragraph 4 of this article.


### those implementing acts shall be adopted in accordance with the examination procedure referred to in article 34(2). ### those implementing acts shall be adopted in accordance with the examination procedure referred to in article 34(2). the authorised exemption shall be applicable within the whole union and not exclusively to the single member state.


### 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 its calculated maximum quota allocation for the following calendar year and of the deadline for completing the payment. the commission may , by means of implementing acts , determine the modalities and the detailed arrangements for the payment of the amount due. those implementing acts shall be adopted in accordance with the examination procedure referred to in 34(2). ### deleted


### 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 its calculated maximum quota allocation for the following calendar year and of the deadline for completing the payment. the commission may , by means of implementing acts , determine the modalities and the detailed arrangements for the payment of the amount due. those implementing acts shall be adopted in accordance with the examination procedure referred to in 34(2). ### the allocation of quotas is subject to the payment of an amount 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 its calculated maximum quota allocation for the following calendar year and of the deadline for completing the payment. the commission may , by means of implementing acts , determine the modalities and the detailed arrangements for the payment of the amount due. those implementing acts shall be adopted in accordance with the examination procedure referred to in 34(2).


### 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 the first subparagraph and that have made a declaration referred to in paragraph 3. this distribution shall be made on the basis of each importer's or producer’s share of the sum of all the maximum calculated quota offered to and paid for in full by those importers and producers. ### 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 for their calculated maximum quota allocation referred to in the first subparagraph and that have made a declaration referred to in paragraph 3. this distribution shall be made on the basis of each importer's or producer’s share of the sum of all the maximum calculated quota offered to and paid for in full by those importers and producers.


### 6. the commission is empowered to adopt delegated acts in accordance with article 32 to amend paragraph 5 as regards the amounts due for the allocation of quota and the mechanism to allocate remaining quotas , where necessary to prevent major disruptions of the market of hydrofluorocarbons , or where the mechanism is not fulfilling its purpose and is having undesirable or unintended effects. ### deleted


### 6. the commission is empowered to adopt delegated acts in accordance with article 32 to amend paragraph 5 as regards the amounts due for the allocation of quota and the mechanism to allocate remaining quotas , where necessary to prevent major disruptions of the market of hydrofluorocarbons , or where the mechanism is not fulfilling its purpose and is having undesirable or unintended effects. ### 6. the commission is empowered to adopt delegated acts in accordance with article 32 to amend paragraph 5 as regards the amounts due for the allocation of quota and the mechanism to allocate remaining quotas , where necessary to prevent major disruptions of the market of hydrofluorocarbons or any disruption to the supply of pharmaceutical products , or where the mechanism is not fulfilling its purpose and is having undesirable or unintended effects , including on public health. the consultation forum shall be consulted on the potential unintended effects that form a basis for a delegated act.


### 7. the revenue generated from the quota allocation amount shall constitute external assigned revenue in accordance with article 21(5) of regulation (eu , euratom) no 2018/1046. that revenue shall be assigned to the life programme and to heading 7 of the multiannual financial framework (european public administration) , to cover the costs of external staff working on the management of the quota allocation , it services , and licensing systems for the purpose of implementation of this regulation and for ensuring compliance with the protocol. any revenue remaining after covering these costs shall be entered into the general budget of the union. ### deleted


### 7. the revenue generated from the quota allocation amount shall constitute external assigned revenue in accordance with article 21(5) of regulation (eu , euratom) no 2018/1046. that revenue shall be assigned to the life programme and to heading 7 of the multiannual financial framework (european public administration) , to cover the costs of external staff working on the management of the quota allocation , it services , and licensing systems for the purpose of implementation of this regulation and for ensuring compliance with the protocol. any revenue remaining after covering these costs shall be entered into the general budget of the union. ### 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. at least 50% of that revenue shall be assigned to enforcement (activities , equipment , training programmes , and resources) in member states. the remaining revenue shall be assigned to the life programme and to heading 7 of the multiannual financial framework (european public administration) , to cover the costs of external staff working on the management of the quota allocation , it services , and licensing systems for the purpose of implementation of this regulation and for ensuring compliance with the protocol. any revenue remaining after covering these costs shall be entered into the general budget of the union.


### 7. the revenue generated from the quota allocation amount shall constitute external assigned revenue in accordance with article 21(5) of regulation (eu , euratom) no 2018/1046. that revenue shall be assigned to the life programme and to heading 7 of the multiannual financial framework (european public administration) , to cover the costs of external staff working on the management of the quota allocation , it services , and licensing systems for the purpose of implementation of this regulation and for ensuring compliance with the protocol. any revenue remaining after covering these costs shall be entered into the general budget of the union. ### 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. at least 50% of that revenue shall be assigned to enforcement(activities , equipment , training programmes , and resources) in member states. the remaining revenue shall be assigned to the life programme and to heading 7 of the multiannual financial framework (european public administration) , to cover the costs of external staff working on the management of the quota allocation , it services , and licensing systems for the purpose of implementation of this regulation and for ensuring compliance with the protocol. any revenue remaining after covering these costs shall be entered into the general budget of the union


### 1. quotas shall only be allocated to producers or importers that have an establishment within the union , or which have mandated an only representative with an establishment within the union that assumes the full responsibility of complying with this regulation. the only representative may be the same as the one mandated pursuant to article 8 of regulation (ec) no 1907/2006 of the european parliament and of the council43 . ### 1. quotas shall only be allocated to producers or importers that have an establishment within the union , or which have mandated an only representative with an establishment within the union that assumes the full responsibility of complying with this regulation and with the requirements of title ii of regulation (ec) no 1907/2006 of the european parliament and of the council. the only representative may be the same as the one mandated pursuant to article 8 of regulation (ec) no 1907/2006 of the european parliament and of the council43 .


### 1. quotas shall only be allocated to producers or importers that have an establishment within the union , or which have mandated an only representative with an establishment within the union that assumes the full responsibility of complying with this regulation. the only representative may be the same as the one mandated pursuant to article 8 of regulation (ec) no 1907/2006 of the european parliament and of the council43. ### 1. quotas shall only be allocated to producers or importers that have an establishment within the union , or which have mandated an only representative with an establishment within the union that assumes the full responsibility of complying with this regulation and with the requirements of title ii of regulation (ec) no 1907/2006 of the european parliament and of the council. the only representative may be the same as the one mandated pursuant to article 8 of regulation (ec) no 1907/2006 of the european parliament and of the council43.


### 2. only importers and producers that have experience in trading activities of chemicals for three consecutive years prior to the quota allocation period , shall be allowed to submit a declaration 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. ### 2. only importers and producers that have experience in trading activities of hazardous chemicals for three consecutive years prior to the quota allocation period , shall be allowed to submit a declaration 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.


### 1. import and export of hydrofluorocarbons and of products and equipment containing , hydrofluorocarbons or whose functioning relies upon those gases from and to any state or regional economic integration organisation that has not agreed to be bound by the provisions of the protocol applicable to those gases shall be prohibited as from 1 january from 2028. ### 1. import and export of hydrofluorocarbons and of products and equipment containing , hydrofluorocarbons or whose functioning relies upon those gases from and to a state or regional economic integration organisation that has not agreed to be bound by the provisions of the protocol applicable to those gases shall be prohibited as from 1 january from 2028.


### 2. the commission is empowered to adopt delegated acts in accordance with article 32 to supplement this regulation by establishing the rules applicable to the release for free circulation 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 , which were 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 and equipment. when adopting those delegating acts the commission shall take into account the relevant decisions taken by the parties to the protocol and , as regards the rules on the identification of such products and equipment , periodical technical advice given to the parties to the protocol. ### 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 free circulation in the union and export of products and equipment imported from and exported to a state or regional economic integration organisation subject to paragraph 1 , which were 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 and equipment. when adopting those delegating acts the commission shall take into account the relevant decisions taken by the parties to the protocol and , as regards the rules on the identification of such products and equipment , periodical technical advice given to the parties to the protocol.


### 1. the competent authorities of member states shall carry out checks to establish whether undertakings comply with their obligations under this regulation. ### 1. the competent authorities of member states shall carry out regular checks to establish whether undertakings comply with their obligations under this regulation.


### in cases of unlawful production , import , export , placing on the market , or use of fluorinated greenhouse gases or of products and equipment containing those gases or whose functioning relies on those gases , member states shall envisage maximum administrative fines of at least five times the market value of the concerned gases or products and equipment concerned. in case of a repeated infringement within a five-year period , the member states shall envisage maximum administrative fines of at least eight times the value of the gases or products and equipment concerned. ### in cases of unlawful production , import , export , placing on the market , or use of fluorinated greenhouse gases or of products and equipment containing those gases or whose functioning relies on those gases , member states shall envisage minimum administrative fines of at least 2 ,5 times the downstream value-chain market value of the concerned gases or products and equipment concerned and maximum administrative fines of at least five times the downstream value-chain market value of the concerned gases or products and equipment concerned. in case of a repeated infringement within a five-year period , the member states shall envisage minimum administrative fines of at least 5 times the downstream value-chain market value of the concerned gases or products and equipment concerned and maximum administrative fines of at least eight times the downstream value-chain market value of the gases or products and equipment concerned.


### in cases of unlawful production , import , export , placing on the market , or use of fluorinated greenhouse gases or of products and equipment containing those gases or whose functioning relies on those gases , member states shall envisage maximum administrative fines of at least five times the market value of the concerned gases or products and equipment concerned. in case of a repeated infringement within a five-year period , the member states shall envisage maximum administrative fines of at least eight times the value of the gases or products and equipment concerned. ### in cases of unlawful production , import , export , placing on the market , or use of fluorinated greenhouse gases or of products and equipment containing those gases or whose functioning relies on those gases , member states shall envisage administrative fines of at least five times the market value of the concerned gases or products and equipment concerned. in case of a repeated infringement within a five-year period , the member states shall envisage administrative fines of at least eight times the value of the gases or products and equipment concerned.


### in cases of unlawful production , import , export , placing on the market , or use of fluorinated greenhouse gases or of products and equipment containing those gases or whose functioning relies on those gases , member states shall envisage maximum administrative fines of at least five times the market value of the concerned gases or products and equipment concerned. in case of a repeated infringement within a five-year period , the member states shall envisage maximum administrative fines of at least eight times the value of the gases or products and equipment concerned. ### in cases of unlawful production , import , export , placing on the market , or use of fluorinated greenhouse gases or of products and equipment containing those gases or whose functioning relies on those gases , member states shall envisage minimum administrative fines of at least 2.5 times the downstream value-chain market value of the concerned gases or products and equipment concerned and maximum administrative fines of at least five times the downstream value-chain market value of the concerned gases or products and equipment concerned. in case of a repeated infringement within a five-year period , the member states shall envisage minimum administrative fines of at least 5 times the downstream value-chain market value of the concerned gases or products and equipment concerned and maximum administrative fines of at least eight times the downstream value-chain market value of the gases or products and equipment concerned.


### 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 be allocated a reduced quota allocation for the allocation period after the excess has been detected. ### 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 be allocated a reduced quota allocation for the subsequent allocation period.


### 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 allocated in accordance with article 17(4) as a quota for the allocation period after the excess has been detected , no quota shall be allocated for that allocation period and the quota for the following allocation periods shall be reduced likewise until the full amount has been deducted. the reduction(s) shall be recorded in the f-gas portal. ### 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 allocated in accordance with article 17(4) as a quota for the allocation period after the excess has been detected , no quota shall be allocated for that allocation period and the quota for the following allocation periods shall be reduced likewise until the full amount has been deducted. the reduction shall be recorded in the f-gas portal.


### the 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 be established by the commission and shall be published. ### the commission shall establish a consultation forum for providing advice and expertise direction in relation to the implementation of this regulation. a dedicated sub-group of the consultation forum shall be established to ensure close cooperation with the european medicines agency as well as member state authorities to evaluate unintended effects on public health. it shall deliver a yearly report as of 2025 which the european commission shall act on in accordance with article 32. the rules of procedure of the consultation forum shall be established by the commission and shall be published.


### article 17(5) shall apply from [op: please insert the year following the year of the application of this regulation]. ### article 17(5) shall apply from 1 january 2030.


### 2. the evidence referred to in point 23 , shall include documentation establishing that following an open call for tender no suitable alternative on technical grounds , given the demonstrated specificities of the application , was available that could meet the conditions set out in point 23. the documentation 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 the commission , upon request. ### 2. the evidence referred to in point 23 , shall include documentation establishing that following a call for tender:


### 2. the evidence referred to in point 23 , shall include documentation establishing that following an open call for tender no suitable alternative on technical grounds , given the demonstrated specificities of the application , was available that could meet the conditions set out in point 23. the documentation 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 the commission , upon request. ### 2. the evidence referred to in point 23 , shall include documentation establishing that following an open call for tender no suitable alternative on technical grounds (pilot equipment tested under real conditions for at least 3 years) , given the demonstrated specificities of the application , was available or there were not two suppliers providing the suitable alternative. the documentation 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 the commission , upon request.


### determination of the quantity to be allocated to undertakings for which reference values have been established under article 17(1). ### determination of the quantity to be allocated where relevant to undertakings for which reference values have been established under article 17(1) with reference values referred to in annex vii , point 4(ii).


### – a quota corresponding to 89 % of the reference value referred to in annex vii , point 4(i) , multiplied by the maximum quantity for the year for which the quota is allocated divided by the base value of 176 700 479 tonnes co2 equivalent76 . ### – a quota corresponding to the reference value referred to in annex vii , point 4(ii) , multiplied by the maximum quantity for the year for which the quota is allocated divided by the maximum quantity for the year 2024.


### – in addition , where relevant , a quota corresponding to the reference value referred to in annex vii , point 4(ii) , multiplied by the maximum quantity for the year for which the quota is allocated divided by the maximum quantity for the year 2024. ### deleted


### – in addition , where relevant , a quota corresponding to the reference value referred to in annex vii , point 4(ii) , multiplied by the maximum quantity for the year for which the quota is allocated divided by the maximum quantity for the year 2024. ### – in addition , where relevant , a quota corresponding to the reference value referred to in annex vii , point 4(ii). from 1 january 2030 a quota corresponding to the reference value referred to in annex vii , point 4(ii) , multiplied by the maximum quantity for the year for which the quota is allocated divided by the maximum quantity for the year 2024. in case where after allocating the full amount of quotas as referred to in the second subparagraph , the maximum quantity is exceeded , all quotas allocated under annex vii , point 4(i) will be reduced proportionally.


### 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. ### deleted


### (2) fluorinated greenhouse gases are human-made chemicals that are very strong greenhouse gases (‘ghg’) , often several thousand times stronger than carbon dioxide (‘co2’). together with co2 , methane and nitrous oxide , they belong to the group of ghg emissions covered by the paris agreement adopted under the united nations framework convention on climate change (‘the paris agreement’).25fluorinated 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. ### (2) fluorinated greenhouse gases are human-made chemicals that are very strong greenhouse gases (‘ghg’) , often several thousand times stronger than carbon dioxide (‘co2') , and which are. moreover , relatively chemically stable , persisting in the atmosphere for several decades. together with co2 , methane and nitrous oxide , they belong to the group of ghg emissions covered by the paris agreement adopted under the united nations framework convention on climate change (‘the paris agreement’)25. 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.


### (6) it is important that this regulation ensures that the union complies with its international obligations under the kigali amendment to the protocol in the long-term , in particular , with regards to the reduction of consumption and production of hfcs , reporting and licensing requirements , in particular by introducing a phase-down for production and adding reduction steps for the placing of hfcs on the market for the time after 2030. ### (6) it is important that this regulation ensures that the union complies with its international obligations under the kigali amendment to the protocol in the long-term , in particular , with regards to the reduction of consumption and production of hfcs , reporting and licensing requirements , in particular by introducing a phase-down for production and adding reduction steps for the placing of hfcs on the market for the time after 2030. however , the hfc phase-down must not compromise the union’s energy-efficiency ambitions as laid out in , among others , the european green deal , the energy performance of buildings directive (directive 2010/31/eu) and the repowereu plan , including the uptake of low-climate impact waste-heat recovery applications , such as heat pumps , as well as foams used for high performance insulation. the repowereu plan envisions an additional 20 million new heat pumps to be installed in the eu by 2026 and nearly 60 million by 2030.


### (6) it is important that this regulation ensures that the union complies with its international obligations under the kigali amendment to the protocol in the long-term , in particular , with regards to the reduction of consumption and production of hfcs , reporting and licensing requirements , in particular by introducing a phase-down for production and adding reduction steps for the placing of hfcs on the market for the time after 2030. ### (6) it is important that this regulation ensures that the union complies with its international obligations under the kigali amendment to the protocol in the long-term , in particular , with regards to the reduction of consumption and production of hfcs , reporting and licensing requirements , in particular by introducing a phase-down for production and adding reduction steps for the placing of hfcs on the market for the time after 2030. however , the hfc phase-down must not compromise the union’s energy-efficiency ambitions as laid out in , among others , the european green deal , the energy performance of buildings directive (directive 2010/31/eu) and the repowereu plan , including the uptake of low-climate impact waste-heat recovery applications , such as heat pumps , as well as foams used for high performance insulation. the repowereuplan envisions an additional 20 million new heat pumps to be installed in the union by 2026 and nearly 60 million by 2030.


### (17) to implement the protocol , including the gradual reduction of the quantities of hfcs , the commission should continue to allocate quotas to individual producers and importers for the placing of hfcs on the market , ensuring that the overall quantitative limit permitted und the protocol is not exceeded. to protect the integrity of the 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. ### (17) to implement the protocol , including the gradual reduction of the quantities of hfcs , the commission should continue to allocate quotas to individual producers and importers for the placing of hfcs on the market , ensuring that the overall quantitative limit permitted und the protocol is not exceeded. to maintain 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. 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.


### (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 of the overall maximum quantity should be reserved for importers and producers who have previously not placed hfcs on the market and for importers and producers having a reference value that wish to increase their quota allocation. ### (does not affect the english version.)


### (25) to ensure that reports on substantial quantities of substances are accurate and that the quantities of hfcs contained in pre-charged equipment are accounted for under the union quota system , third party verification should be required. ### (25) to ensure that reports on substantial quantities of substances are accurate and that the quantities of hfcs contained in pre-charged equipment are accounted for under the union quota system , independent third party verification should be required.


### (32) the import and export of hfcs as well as products and equipment containing hfcs or whose functioning relies upon those gases from and to a state not party to the protocol should be prohibited as from 2028. the parallel prohibition envisaged under the protocol as from 2033 has thus been advanced , to ensure that the global hfc reduction measures of the kigali amendment provide the envisaged benefit to the climate as soon as possible. ### (32) the import and export of hfcs as well as products and equipment containing hfcs or whose functioning relies upon those gases from and to a state not party to the protocol should be prohibited as from 2028. the protocol envisages this prohibition from 2033 , and the purpose of its earlier application is to ensure that the global hfc reduction measures of the kigali amendment provide the envisaged benefit to the climate as soon as possible.


### (34) it is also necessary to provide for administrative penalties of such a level and type that truly deter violations of this regulations. ### (34) it is also necessary to provide for administrative penalties of such a level and type that effectively deter violations of this regulations.


### (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 to impose 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 this regulation and to protect the whistle-blowers from retaliation. for that purpose , it should be provided in this regulation that directive (eu) 2019/1937 of the european parliament and of the council36is applicable to the reporting of breaches of this regulation and to the protection of persons reporting such breaches. ### (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 to impose 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 this regulation 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 council36 is applicable to the reporting of breaches of this regulation and to the protection of persons reporting such breaches.


### (39) in implementing this regulation , the commission should establish a so-called consultation forum to ensure a balanced participation of member states’ representatives and representatives of civil society , including environmental organisations , representatives of manufacturers , operators and certified persons. ### (39) in implementing this regulation , the commission should establish a so-called consultation forum to ensure a balanced participation of member states’ representatives and representatives of civil society , including environmental organisations , public health organisations , representatives of manufacturers , operators and certified persons.


### (39) in implementing this regulation , the commission should establish a so-called consultation forum to ensure a balanced participation of member states’ representatives and representatives of civil society , including environmental organisations , representatives of manufacturers , operators and certified persons. ### (39) in implementing this regulation , the commission should establish a so-called consultation forum to ensure a balanced participation of representatives of member states , manufacturers , operators , certified persons and civil society , including environmental organisations.


### (41) in order to amend certain non-essential elements of this regulation , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union (‘tfeu’) should be delegated to the commission in respect of the establishment of a list of products and equipment for which the recovery of gases or their destruction is technically and economically 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 the mechanism to allocate remaining quotas; additional measures for the monitoring of substances and of products and equipment placed under temporary storage and customs procedures; the rules applicable to the release for free circulation of products and equipment imported from and exported to any entity not covered by the protocol; the update of global warming potentials of listed substances. it is of particular importance that 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 inter-institutional agreement of 13 april 2016 on better law-making38 . in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and the council 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. ### (41) in order to amend certain non-essential elements of this regulation , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union (‘tfeu’) should be delegated to the commission in respect of the establishment of a list of products and equipment for which the recovery of gases or their destruction is technically and economically 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 the mechanism to allocate remaining quotas; additional measures for the monitoring of substances and of products and equipment placed under temporary storage and customs procedures; the rules applicable to the release for free circulation of products and equipment imported from and exported to any entity not covered by the protocol; the update of global warming potentials of listed substances. it is of particular importance that the commission carry out appropriate consultations during its preparatory work , in particular consultation with the consultation forum as set up according to article 33 of this regulation , including at expert level and that those consultations be conducted in accordance with the principles laid down in the inter-institutional agreement of 13 april 2016 on better law-making38 . in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and the council 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.


### lays down rules on containment , use , recovery and destruction of fluorinated greenhouse gases and on related ancillary measures , and facilitates the safe use of alternative substances; ### lays down rules on containment , use , recovery and destruction of fluorinated greenhouse gases and on related ancillary measures , and facilitates the safe and efficient use of alternative substances;


### 1. this regulation applies to the fluorinated greenhouse gases listed in annexes i , ii and ii , whether alone or in a mixture. ### 1. this regulation applies to the fluorinated greenhouse gases listed in annexes i , ii and iii , whether alone or in a mixture.


### (5) ‘operator‘ means the undertaking exercising actual power over the technical functioning of products and equipment covered by this regulation or the owner where designated by a member state as being responsible for the operator’s obligations in specific cases; ### (5) ‘operator‘ means the undertaking exercising actual power over the technical functioning of products and equipment covered by this regulation or the entity where designated by a member state as being responsible for the operator’s obligations in specific cases;


### (6) ‘placing on the market’ means the supplying or making available to another person within the union , for the first time , for payment or free of charge , the customs release for free circulation in the union , and the use of substances produced or the use of products or equipment manufactured for own use; ### (6) ‘placing on the market’ means the supplying or making available to another party in the union , for the first time , for payment or free of charge , the customs release for free circulation in the union , and the use of substances produced or the use of products or equipment manufactured for own use;


### (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; ### (9) ‘hermetically sealed equipment’ means equipment in which all fluorinated greenhouse gas containing parts are made tight by welding , brazing or a similar permanent connection , which may include capped valves or capped service ports that allow proper repair or disposal , and which have a tested leakage rate of less than 3 grams per year under a pressure of at least a quarter of the maximum allowable pressure;


### (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 that are not fluorinated greenhouse gases; ### 14) ‘destruction’ means the process of permanently transforming or decomposing completely a fluorinated greenhouse gas into one or more stable substances that are not fluorinated greenhouse gases;


### (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 this regulation , that entails opening the circuits containing or designed to contain fluorinated greenhouse gases , supplying the system with fluorinated greenhouse gases , removing one or more pieces of circuit or equipment , reassembling two or more pieces of circuit or equipment , as well as repairing leaks; ### (does not affect the english version.)


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


### (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 of member states; ### 31) ‘military equipment’ mean arms , munitions and material intended specifically for military purposes which are necessary for the protection of the interests of the security of member states;


### 2. operators and manufacturers of equipment and installations that contain fluorinated greenhouse gases listed in annexes i or ii , as well as undertakings in possession 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 all measures that are technically and economically feasible to minimise leakage of the gases. ### 2. operators and manufacturers of equipment and installations that contain fluorinated greenhouse gases listed in annexes i or ii , or other relevant alternatives to fluorinated greenhouse gases , as well as undertakings in possession 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 all measures 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 to another or to an equipment or installation , of fluorinated greenhouse gases listed in annexes i and ii , the undertaking shall take all necessary precautions to limit release of fluorinated greenhouse gases listed in annexes i and ii to the greatest extent possible. this paragraph also applies where fluorinated greenhouse gases listed in annexes i and ii are produced as by-products. ### 3. during the production , storage , transport , and transfer from one container or system to another or to an equipment or installation , of fluorinated greenhouse gases listed in annexes i and ii , the undertaking shall take all necessary precautions to limit release of fluorinated greenhouse gases listed in annexes i and ii to the greatest extent possible. this paragraph also applies where fluorinated greenhouse gases listed in annexes i and ii are produced as by-products , as well as to other relevant alternatives to fluorinated greenhouse gases.


### 3. during the production , storage , transport , and transfer from one container or system to another or to an equipment or installation , of fluorinated greenhouse gases listed in annexes i and ii , the undertaking shall take all necessary precautions to limit release of fluorinated greenhouse gases listed in annexes i and ii to the greatest extent possible. this paragraph also applies where fluorinated greenhouse gases listed in annexes i and ii are produced as by-products. ### (does not affect the english version.)


### where a leakage of fluorinated greenhouse gases listed in annex i or ii is detected , the operators , manufacturers of equipment and installations and the undertakings in possession of the equipment during its transport , or storage , shall ensure that the equipment or installation is repaired without undue delay. ### where a leakage of fluorinated greenhouse gases listed in annex i or ii is detected , or other relevant alternatives to fluorinated greenhouse gases , the operators , manufacturers of equipment and installations and the undertakings in possession of the equipment during its transport , or storage , shall ensure that the equipment or installation is repaired without undue delay.


### natural persons carrying out the tasks referred to in article 10(1) , points (a) to (c) , shall be certified in accordance with article 10 and shall take precautionary measures to prevent leakage of fluorinated greenhouse gases listed in annexes i and ii. ### natural persons carrying out the tasks referred to in article 10(1) , points (a) to (c) , shall be certified in accordance with article 10 and shall take precautionary measures to prevent leakage of fluorinated greenhouse gases listed in annexes i and ii , or other relevant alternatives to fluorinated greenhouse gases.


### undertakings carrying out the installation , servicing , maintenance , repair or decommissioning of the equipment listed in article 5(2) , points (a) to (f) , shall be certified in accordance with article 10 and shall take precautionary measures to prevent leakage of fluorinated greenhouse gases listed in annexes i and ii. ### undertakings carrying out the installation , servicing , maintenance , repair or decommissioning of the equipment listed in article 5(2) , points (a) to (f) , shall be certified in accordance with article 10 and shall take precautionary measures to prevent leakage of fluorinated greenhouse gases listed in annexes i and ii , or other relevant alternatives to fluorinated greenhouse gases.


### operators of equipment that contains 5 tonnes of co2 equivalent or more of fluorinated greenhouse gases listed in annex i or 1 kilogram or more of fluorinated greenhouse gases listed in annex ii , section i , not contained in foams , shall ensure that the equipment is checked for leaks. ### operators of equipment that contains 5 tonnes of co2 equivalent or more of fluorinated greenhouse gases listed in annex i or 1 kilogram or more of fluorinated greenhouse gases listed in annex ii , section i , and other relevant alternatives to fluorinated greenhouse gases , not contained in foams , shall ensure that the equipment is checked for leaks.


### operators of equipment that contains 5 tonnes of co2 equivalent or more of fluorinated greenhouse gases listed in annex i or 1 kilogram or more of fluorinated greenhouse gases listed in annex ii , section i , not contained in foams , shall ensure that the equipment is checked for leaks. ### (does not affect the english version.)


### operators of equipment that contains 5 tonnes of co2 equivalent or more of fluorinated greenhouse gases listed in annex i or 1 kilogram or more of fluorinated greenhouse gases listed in annex ii , section i , not contained in foams , shall ensure that the equipment is checked for leaks. ### operators of equipment that contains 5 tonnes of co2 equivalent or more of fluorinated greenhouse gases listed in annex i or 3 kilogram or more of fluorinated greenhouse gases listed in annex ii , section i , not contained in foams , shall ensure that the equipment is checked for leaks.


### operators of equipment that contains 5 tonnes of co2 equivalent or more of fluorinated greenhouse gases listed in annex i or 1 kilogram or more of fluorinated greenhouse gases listed in annex ii , section i , not contained in foams , shall ensure that the equipment is checked for leaks. ### operators of equipment that contains 5 tonnes of co2 equivalent or more of fluorinated greenhouse gases listed in annex i or 6 kilogram or more of fluorinated greenhouse gases listed in annex ii , section i , not contained in foams , shall ensure that the equipment is checked for leaks.


### hermetically sealed equipment that 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 , shall not be checked for leaks , provided the equipment is labelled as hermetically sealed and its connected parts have a tested leakage rate of less than 3 grams per year under a pressure of at least a quarter of the maximum allowable pressure. ### hermetically sealed equipment that contains less than 10 tonnes of co2 equivalent of fluorinated greenhouse gases listed in annex i or 6 kilograms of fluorinated greenhouse gases listed in annex ii , section i , shall not be checked for leaks , provided the equipment is labelled as hermetically sealed and its connected parts have a tested leakage rate of less than 3 grams per year under a pressure of at least a quarter of the maximum allowable pressure.


### hermetically sealed equipment that 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 , shall not be checked for leaks , provided the equipment is labelled as hermetically sealed and its connected parts have a tested leakage rate of less than 3 grams per year under a pressure of at least a quarter of the maximum allowable pressure. ### (does not affect the english version.)


### hermetically sealed equipment that 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 , shall not be checked for leaks , provided the equipment is labelled as hermetically sealed and its connected parts have a tested leakage rate of less than 3 grams per year under a pressure of at least a quarter of the maximum allowable pressure. ### hermetically sealed equipment that contains less than 10 tonnes of co2 equivalent of fluorinated greenhouse gases listed in annex i or 12 kilograms of fluorinated greenhouse gases listed in annex ii , section i , shall not be checked for leaks , provided the equipment is labelled as hermetically sealed and its connected parts have a tested leakage rate of less than 3 grams per year under a pressure of at least a quarter of the maximum allowable pressure.


### electrical switchgear shall not be checked for leaks provided it complies with one of the following conditions: ### deleted


### paragraph 1 applies to operators of the following equipment that contains fluorinated greenhouse gases listed in annex i or in annex ii , section i: ### paragraph 1 applies to operators of the following equipment that contains fluorinated greenhouse gases listed in annex i or in annex ii , section i , or other relevant alternatives to fluorinated gases:


### paragraph 1 applies to operators of the following equipment that contains fluorinated greenhouse gases listed in annex i or in annex ii , section i: ### (does not affect the english version.)


### refrigeration units of refrigerated trucks and trailers; ### refrigeration units of refrigerated vehicles and trailers;


### for equipment that contains less than 50 tonnes of co2 equivalent of fluorinated greenhouse gases listed in annex i or less than 10 kilograms of fluorinated greenhouse gases listed in annex ii , section i: at least every 12 months; or where a leakage detection system is installed , at least every 24 months; ### for equipment that contains less than 50 tonnes of co2 equivalent of fluorinated greenhouse gases listed in annex i or less than 10 kilograms of fluorinated greenhouse gases listed in annex ii , section i: at least every 24 months; or where a leakage detection system is installed , at least every 48 months;


### for equipment that contains 50 tonnes of co2 equivalent or more , but less than 500 tonnes of co2 equivalent of fluorinated greenhouse gases listed in annex i or between 10 to 100 kilograms of fluorinated greenhouse gases listed in annex ii , section i : at least every six months or , where a leakage detection system is installed , at least every 12 months; ### for equipment that contains 50 tonnes of co2 equivalent or more , but less than 500 tonnes of co2 equivalent of fluorinated greenhouse gases listed in annex i or between 10 to 100 kilograms of fluorinated greenhouse gases listed in annex ii , section i: at least every 12 months or , where a leakage detection system is installed , at least every 24 months;


### for equipment that contains 500 tonnes of co2 equivalent or more of fluorinated greenhouse gases listed in annex i or more than 100 kilograms of fluorinated greenhouse gases listed in annex ii , section i: at least every three months or , where a leakage detection system is installed , at least every six months. ### for equipment that contains 500 tonnes of co2 equivalent or more of fluorinated greenhouse gases listed in annex i or more than 100 kilograms of fluorinated greenhouse gases listed in annex ii , section i: at least every six months or , where a leakage detection system is installed , at least every 12 months;


### 2. operators of the equipment listed in article 5(2) , points (f) and (g) , and containing fluorinated greenhouse gases listed in annex i in quantities of 500 tonnes of co2 equivalent or more and installed from 1 january 2017 , shall ensure that equipment is provided with a leakage detection system which alerts the operator or a service company of any leakage. ### 2. operators of the equipment listed in article 5(2) , points (f) and (g) , and containing fluorinated greenhouse gases listed in annex i in quantities of 500 tonnes of co2 equivalent or more and installed from 1 january 2017 , shall ensure that equipment is provided with a leakage detection system which alerts the operator or a service company of any leakage. for the purposes of article 5(2) , point (g) , the leakage detection system shall have a higher sensitivity than a pressure or density monitoring device.


### 4. operators of the equipment listed in article 5(2) , point (g) , that is subject to paragraph 2 shall ensure that leakage detection systems are checked at least once every six years to ensure their proper functioning. ### 4. operators of the equipment listed in article 5(2) , point (g) , that is subject to paragraph 2 shall ensure that leakage detection systems are checked at least once every two years to ensure their proper functioning.


### the quantities of gases added during installation , maintenance or servicing or due to leakage; ### the quantities of gases added during installation , maintenance or servicing or due to leakage , including the exact timing of such addition;


### operators of stationary equipment or of refrigeration units of refrigerated trucks and trailers that contain fluorinated greenhouse gases listed in annex i and annex ii , section 1 , not contained in foams , shall ensure that the recovery of those gases is carried out by natural persons that hold the relevant certificates provided for in article 10 , so and that those gases are recycled , reclaimed or destroyed. ### operators of stationary equipment or of refrigeration units of refrigerated vehicles and trailers that contain fluorinated greenhouse gases listed in annex i and annex ii , section 1 , not contained in foams , shall ensure that the recovery of those gases is carried out by natural persons that hold the relevant certificates provided for in article 10 , so and that those gases are recycled , reclaimed or destroyed.


### the cooling circuits of refrigeration units of refrigerated trucks and trailers; ### the cooling circuits of refrigeration units of refrigerated vehicles and trailers;