### by 30 april [op: please insert the year of application of this regulation] , and every year thereafter , each undertaking which under paragraph 1 reports on the placing on the market of 1 000 tonnes of co2 equivalent or more of hydrofluorocarbons during the preceding calendar year shall , in addition , ensure that the veracity of its report is confirmed , at a reasonable level of assurance , by an independent auditor. the auditor shall be registered in the f-gas portal and shall be either: ### by 30 april [op: please insert the year of application of this regulation] , and every year thereafter , each undertaking which under paragraph 1 reports on the placing on the market of hydrofluorocarbons during the preceding calendar year shall , in addition , ensure that the veracity of its report is confirmed , at a reasonable level of assurance , by an independent auditor. the auditor shall be registered in the f-gas portal and shall be either:


### 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 five times the market value of the concerned gases or products and equipment concerned. in case of a repeated infringement within a five-year period , the member states shall envisage minimum administrative fines of at least eight times the value of the gases or products and equipment concerned.


### by 1 january 2033 , the commission shall publish a report on the implementation of this regulation. ### by 1 january 2027 , the commission shall publish a report on the implementation of this regulation. the european scientific advisory board on climate change established under article 10a of regulation (ec) no 401/2009 (the "advisory board") may , on its own initiative , provide scientific advice or issue reports on the coherence of this regulation with the objectives of regulation (ec) no 401/2009 and with the union’s international commitments under the paris agreement , and inform any future review of this regulation. the commission shall provide public explanations on how it has taken into account such advice and reports when reviewing this regulation.


### (1) the european green deal launched a new growth strategy for the union that aims to transform the union into a fair and prosperous society with a modern , resource-efficient and competitive economy. it reaffirms the commission’s ambition to increase its climate targets and make europe the first climate-neutral continent by 2050 and aims to protect the health and well-being of citizens from environment-related risks and impacts. furthermore , the eu is committed to the 2030 agenda for sustainable development and its sustainable development goals. ### (1) the european green deal launched a new growth strategy for the union that aims to transform the union into a fair and prosperous society with a modern , resource-efficient and competitive economy. it reaffirms the commission’s ambition to make europe the first climate-neutral and zero-pollution continent by 2050 and aims to protect the health and well-being of citizens from environment-related risks and impacts and to make the european industry future-proof. furthermore , the eu is committed to regulation (eu) 2021/1119 of the european parliament and of the council (‘european climate law’)1a , the 8th environmental action programme , and the 2030 agenda for sustainable development and its sustainable development goals.


### (3) regulation (eu) no 517/2014 of the european parliament and of the council26 was adopted to reverse the increase in fluorinated greenhouse gas emissions. as concluded by an evaluation prepared by the commission , regulation (eu) no 517/2014 has led to a year-on-year decrease of fluorinated greenhouse gas emissions. the supply of hydrofluorocarbons (‘hfcs’) has declined by 37 % in metric tonnes and 47 % in terms of tonnes co2 equivalent from 2015 until 2019. there has also been a clear shift to the use of alternatives with lower global warming potential (‘gwp’) including natural alternatives (for example co2 , ammonia , hydrocarbons , water) in many types of equipment that used fluorinated greenhouse gases traditionally. ### (3) regulation (eu) no 517/2014 of the european parliament and of the council26 was adopted to reverse the increase in fluorinated greenhouse gas emissions. as concluded by an evaluation prepared by the commission , regulation (eu) no 517/2014 has led to a year-on-year decrease of fluorinated greenhouse gas emissions. the supply of hydrofluorocarbons (‘hfcs’) has declined by 37 % in metric tonnes and 47 % in terms of tonnes co2 equivalent from 2015 until 2019. there has also been a clear shift to the use of alternatives with lower global warming potential (‘gwp’) including natural alternatives (for example air , co2 , ammonia , hydrocarbons , water) in many types of equipment that used fluorinated greenhouse gases traditionally.


### (7) to ensure coherence with the reporting requirements under the protocol , global warming potentials of hfcs should be calculated in terms of the 100-year global warming potential of one kilogram of a gas relative to one kilogram of co2 based on the fourth assessment report adopted by the ipcc. for other substances , the most recent ipcc assessment report should be used. where available , the 20-year global warming potential should be provided to better inform about the climate impacts of the substances covered by this regulation. ### (7) to ensure coherence with the reporting requirements under the protocol , global warming potentials of hfcs should be calculated in terms of the 100-year global warming potential of one kilogram of a gas relative to one kilogram of co2 based on the most recent assessment report adopted by the ipcc. for other substances , the most recent ipcc assessment report should be used. where available , the 20-year global warming potential should be provided to match the eu climate targets and to better inform about the climate impacts of the substances covered by this regulation. the commission should advocate for an update of the gwp values of fluorinated greenhouse gases in line with the sixth assessment report adopted by the ipcc at the international level.


### (9) given that the production process for some fluorinated compounds can result in significant emissions of other fluorinated greenhouse gases produced as by-products , such by-product emissions should be destroyed or recovered for subsequent use as a condition for the placing of fluorinated greenhouse gases on the market. producers and importers should be required to document measures adopted to prevent emissions of trifluoromethane during the production process. ### (9) given that the production process for some fluorinated compounds can result in significant emissions of other fluorinated greenhouse gases produced as by-products , such by-product emissions should be destroyed or recovered for subsequent use as a condition for the placing of fluorinated greenhouse gases on the market. producers and importers should be required to document mitigation measures adopted to prevent emissions of trifluoromethane during the production process and proof of the destruction and recovery in line with the best available techniques. the commission should introduce measures to check and verify these mitigation measures in a risk-based approach.


### (11) to encourage the use of technologies with no impact or lower impact on the climate that may involve the use substances that are toxic , flammable or highly pressurized , the training of natural persons who carry out activities involving fluorinated greenhouse gases should cover technologies replacing or reducing the use of fluorinated greenhouse gases , including information on energy efficiency aspects and applicable regulations and technical standards. certification and training programmes established under regulation (eu) no 517/2014 , which may be integrated in national vocational training systems , should be reviewed or adapted enabling technicians to handle alternative technologies safely. ### (11) to encourage the use of technologies with no impact or lower impact on the climate that may involve the use substances that are toxic , flammable or highly pressurized , the training of natural persons who carry out activities involving fluorinated greenhouse gases should cover technologies replacing or reducing the use of fluorinated greenhouse gases , including information on energy efficiency aspects and applicable regulations and technical standards. certification and training programmes established under regulation (eu) no 517/2014 , which may be integrated in national vocational training systems , should be reviewed or adapted enabling technicians to handle alternative technologies safely. member states should ensure that all of the workforce handling fluorinated greenhouse gases and alternative technologies are fully trained.


### (13) where suitable alternatives to the use of specific fluorinated greenhouse gases are available , bans should be introduced on the placing on the market of new equipment for refrigeration , air-conditioning and fire protection that contains fluorinated greenhouse gases or whose functioning relies upon those gases. where alternatives are not available or cannot be used for technical or safety reasons , or where the use of such alternatives would entail disproportionate costs , it should be possible for the commission to authorise an exemption to allow the placing on the market of such products and equipment for a limited period. ### (13) where suitable alternatives to the use of specific fluorinated greenhouse gases are available , bans should be introduced on the placing on the market of new equipment for refrigeration , air-conditioning , foams , technical aerosols and fire protection that contain fluorinated greenhouse gases or that are produced using fluorinated greenhouse gases or whose functioning relies upon those gases. where no alternative is available , it should be possible for the commission to authorise an exemption to allow the placing on the market of such products and equipment for a limited period.


### (15) non-refillable containers for ozone depleting substances , should be banned , considering that an amount of refrigerant inevitably remains in these containers when emptied , which is then released into the atmosphere. in this respect , this regulation should prohibit their import , placing on the market , subsequent supply or making available on the market , use unless for laboratory and analytical uses , and their export. ### (15) non-refillable containers for ozone depleting substances , should be banned , considering that an amount of refrigerant inevitably remains in these containers when emptied , which is then released into the atmosphere. in this respect , this regulation should prohibit their import , placing on the market , subsequent supply or making available on the market , use unless for laboratory and analytical uses , and their export. to prevent refillable containers from not being refilled and being discarding instead , undertakings should be required to produce a declaration of conformity including evidence on the arrangements for the return for the purpose of refilling when placing on the market refillable containers.


### (15) non-refillable containers for ozone depleting substances , should be banned , considering that an amount of refrigerant inevitably remains in these containers when emptied , which is then released into the atmosphere. in this respect , this regulation should prohibit their import , placing on the market , subsequent supply or making available on the market , use unless for laboratory and analytical uses , and their export. ### (15) non-refillable containers of fluorinated greenhouse gases , should be banned , considering that an amount of refrigerant inevitably remains in these containers when emptied , which is then released into the atmosphere. in this respect , this regulation should prohibit their import , placing on the market , subsequent supply or making available on the market , use unless for laboratory and analytical uses , and their export. containers of fluorinated gases should bear a label with information on arrangements for their return for refilling.


### (20) considering the market value of the allocated quota , it is appropriate to claim a price for its allocation. this avoids a further fragmentation of the market to the detriment of those undertakings that are in need of the hfc supply and already dependent on hfc trade in the declining market. it is assumed that undertakings that decide not to claim and pay any quota , for which they would be entitled in the year(s) prior to the calculation of reference values , have decided to leave the market and thus they do not get a new reference value. the revenue should be used to cover administrative costs. ### (20) considering the market value of the allocated quota , it is appropriate to claim a price for its allocation. that price should increase over time in order to provide a stable revenue stream. this avoids a further fragmentation of the market to the detriment of those undertakings that are in need of the hfc supply and already dependent on hfc trade in the declining market. it is assumed that undertakings that decide not to claim and pay any quota , for which they would be entitled in the year(s) prior to the calculation of reference values , have decided to leave the market and thus they do not get a new reference value. the revenue should be used to cover administrative costs and allow for additional investments in member states to stimulate the training and uptake of natural refrigerants and measures to prevent illegal hfc trade.


### 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.


### 2. this regulation also applies to products and equipment , and parts thereof , containing fluorinated greenhouse gases or whose functioning relies upon those gases. ### 2. this regulation also applies to products , goods and equipment , and parts thereof , containing fluorinated greenhouse gases or whose functioning relies upon those gases.


### (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 , including via the internet , 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;


### (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 vehicle’ means a vehicle that is designed and constructed primarily to carry goods via road , rail , air or waterway and that is equipped with a refrigeration unit;


### (27) ‘feedstock’ means any fluorinated greenhouse gas listed in annexes i and ii , that undergoes chemical transformation in a process in which it is entirely converted from its original composition and emissions are insignificant; ### (27) ‘feedstock’ means any fluorinated greenhouse gas listed in annexes i and ii , that undergoes chemical transformation in a process in which it is entirely converted from its original composition;


### for the purpose of providing that evidence , importers and producers shall draw up a declaration of conformity and join supporting documentation on the production facility and the mitigation measures adopted to prevent emissions of trifluoromethane. producers and importers shall keep the declaration of conformity and supporting documentation for a period of at least five years after the placing on the market and make them available , upon request , to national competent authorities and to the commission. ### for the purpose of providing that evidence , importers and producers shall draw up a declaration of conformity and join supporting documentation with:


### the commission may , by means of implementing acts , determine the detailed arrangements relating to the declaration of conformity and supporting documentation referred to in the second subparagraph. those implementing acts shall be adopted in accordance with article 34(2). ### the commission shall , by means of implementing acts , determine the detailed arrangements relating to and the detailed elements of the declaration of conformity and supporting documentation referred to in the second subparagraph. those implementing acts shall be adopted in accordance with article 34(2).


### 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. ### manufacturers and 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 , including during their manufacturing.


### it contains less than 6 kilograms of fluorinated greenhouse gases listed in annex i. ### it contains less than the equivalent of 2 ,5 tons co2 in fluorinated greenhouse gases listed in annex i.


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


### 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 trucks and trailers that contain fluorinated greenhouse gases listed in annex i and annex ii , 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 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 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;


### 2. any recovered fluorinated greenhouse gases listed in annex i and annex ii , section 1 , shall not be used for filling or refilling equipment unless the gas has been recycled or reclaimed. ### 2. any recovered fluorinated greenhouse gases listed in annex i and annex ii shall not be used for filling or refilling equipment unless the gas has been recycled or reclaimed.


### 3. the undertaking that uses a container with fluorinated greenhouse gases listed in annex i and annex ii , section 1 , shall immediately prior to its disposal arrange for the recovery of any residual gases to make sure they are recycled , reclaimed or destroyed. ### 3. the undertaking that uses a container with fluorinated greenhouse gases listed in annex i and annex ii shall immediately prior to its disposal arrange for the recovery of any residual gases to make sure they are recycled , reclaimed or destroyed.


### operators of products and equipment not listed in paragraphs 1 , 6 and 7 that contain fluorinated greenhouse gases listed in annex i and annex ii , section 1 , shall arrange for the recovery of the gases , unless it can be established that it is not technically feasible or entails disproportionate costs. the operators shall ensure that the recovery is carried out by appropriately qualified natural persons , so that the gases are recycled , reclaimed or destroyed or shall arrange for their destruction without prior recovery. ### operators of products and equipment not listed in paragraphs 1 , 6 and 7 that contain fluorinated greenhouse gases listed in annex i and annex ii shall arrange for the recovery of the gases , unless it can be established that it is not technically feasible or entails disproportionate costs. the operators shall ensure that the recovery is carried out by appropriately qualified natural persons , so that the gases are recycled , reclaimed or destroyed or shall arrange for their destruction without prior recovery.


### operators of products and equipment not listed in paragraphs 1 , 6 and 7 that contain fluorinated greenhouse gases listed in annex i and annex ii , section 1 , shall arrange for the recovery of the gases , unless it can be established that it is not technically feasible or entails disproportionate costs. the operators shall ensure that the recovery is carried out by appropriately qualified natural persons , so that the gases are recycled , reclaimed or destroyed or shall arrange for their destruction without prior recovery. ### operators of products and equipment not listed in paragraphs 1 , 6 and 7 that contain fluorinated greenhouse gases listed in annex i and annex ii , section 1 , shall arrange for the recovery of the gases , unless it can be established that it is not technically feasible or entails disproportionate life-cycle costs. the operators shall ensure that the recovery is carried out by appropriately qualified natural persons , so that the gases are recycled , reclaimed or destroyed or shall arrange for their destruction without prior recovery.


### 8. the commission is empowered to adopt delegated acts in accordance with article 32 to supplement this regulation by establishing a list of products and equipment for which the recovery of fluorinated greenhouse gases listed in annex i and annex ii , section 1 , or destruction of products and equipment containing such gases without prior recovery of these gases shall be considered technically and economically feasible , specifying , if appropriate , the technologies to be applied. ### 8. the commission is empowered to adopt delegated acts in accordance with article 32 to supplement this regulation by establishing a list of products and equipment for which the recovery of fluorinated greenhouse gases listed in annex i and annex ii , or destruction of products and equipment containing such gases without prior recovery of these gases shall be considered technically and economically feasible , specifying , if appropriate , the technologies to be applied.


### 9. member states shall promote the recovery , recycling , reclamation and destruction of fluorinated greenhouse gases listed in annex i and annex ii , section 1. ### 9. member states shall promote the recovery , recycling , reclamation and destruction of fluorinated greenhouse gases listed in annex i and annex ii.


### producer responsibility schemes ### extended producer responsibility schemes


### without prejudice to existing union legislation , member states shall encourage the development of producer responsibility schemes for the recovery of fluorinated greenhouse gases listed in annexes i and ii and their recycling , reclamation or destruction. ### without prejudice to existing union legislation , member states shall require that by 31 december 2027 extended producer responsibility schemes are established for the recovery , recycling , reclamation or destruction of fluorinated greenhouse gases listed in annexes i , ii and iii.


### member states shall inform the commission on the actions undertaken. ### deleted


### 1. member states shall , on the basis of the minimum requirements referred to in paragraph 5 , establish or adapt certification programmes , including evaluation processes , and ensure that training on practical skills and theoretical knowledge is available for natural persons carrying out the following tasks involving fluorinated greenhouse gases listed in annex i and annex ii , section 1 and other relevant alternatives to fluorinated greenhouse gases: ### 1. member states shall , on the basis of the minimum requirements referred to in paragraph 5 , establish or adapt certification programmes , including evaluation processes , and ensure that training on practical skills and theoretical knowledge is available for natural persons carrying out the following tasks involving fluorinated greenhouse gases listed in annex i and annex ii and other relevant alternatives to fluorinated greenhouse gases:


### 7. existing certificates and training attestations issued in accordance with regulation (eu) no 517/2014 shall remain valid , in accordance with the conditions under which they were originally issued. ### 7. existing certificates and training attestations issued in accordance with regulation (eu) no 517/2014shall be subject to an evaluation process established in accordance with paragraphs 1 , 3 and 5 every five years.


### by 1 january [op , please insert the date = one year following the entry into force of this regulation] member states shall notify the commission of certification and training programmes. ### by 1 january [op , please insert the date = one year following the entry into force of this regulation] member states shall notify the commission of certification and training programmes and the number of certified and trained persons for fluorinated greenhouse gases and the relevant alternatives in each sector. where certification and training for the relevant alternatives falls below a minimum threshold , for each year below that threshold , member states shall accompany the notification with a plan setting out actions to increase certification and training on the relevant alternatives as from the following calendar year.


### 9. the commission may , by means of implementing acts , determine the format of the notification referred to in paragraph 8. those implementing acts shall be adopted in accordance with the examination procedure referred to in article 34(2). ### 9. the commission shall , by means of implementing acts , determine the minimum threshold and the format of the notification referred to in paragraph 8. those implementing acts shall be adopted in accordance with the examination procedure referred to in article 34(2).


### the placing on the market of products and equipment , including parts thereof , listed in annex iv , with an exemption for military equipment , shall be prohibited from the date specified in that annex , differentiating , where applicable , according to the type or global warming potential of the gas contained. ### the placing on the market of goods , products and equipment , including parts thereof , listed in annex iv , with an exemption for military equipment , shall be prohibited from the date specified in that annex , differentiating , where applicable , according to the type or global warming potential of the gas contained.


### (5) due to rising hfc emissions globally , parties to the 1987 montreal protocol on substances that deplete the ozone layer (‘the protocol’) decided in 2016 under the kigali amendment29 to implement an hfc phase-down that is to reduce hfc production and consumption by more than 80 % over the next 30 years. this implies that each party must comply with an hfc consumption and production reduction schedule as well as providing for a licencing system for imports and exports and reporting on hfcs. it is estimated that the kigali amendment alone will save up to 0 ,4°c of additional warming by the end of the century. ### (5) due to rising hfc emissions globally , parties to the 1987 montreal protocol on substances that deplete the ozone layer (‘the protocol’) decided in 2016 under the kigali amendment29 to implement an hfc phase-down that is to reduce hfc production and consumption by more than 80 % over the next 30 years. this implies that each party must comply with an hfc consumption and production reduction schedule as well as providing for a licencing system for imports and exports and reporting on hfcs. it is estimated that the kigali amendment alone will save up to 0 ,4°c of additional warming by the end of the century. the global phase-out of fluorinated greenhouse gases in split air conditioners alone is estimated to save up to 0 ,12 °c of additional warming by the end of the century29a.


### (33) member states should lay down rules on penalties applicable to infringements of the provisions of this regulation and ensure that they are implemented. those penalties should be effective , proportionate and dissuasive. ### (33) member states should lay down rules on minimum penalties applicable to infringements of the provisions of this regulation and ensure that they are implemented. those penalties should be effective , proportionate and dissuasive.


### (19) ‘virgin substances’ means substance which have not previously been used; ### (19) ‘virgin substances’ means substances which have not previously been used;


### 1. operators of equipment which is required to be checked for leaks pursuant to article 5(1) , shall establish and maintain records for each piece of such equipment specifying the following information: ### 1. operators and manufacturers of equipment and installations that contain fluorinated greenhouse gases or mixtures , shall establish and maintain records for each piece of such equipment specifying the following information:


### whether the quantities of gases have been recycled or reclaimed , including the name and address in the union of the recycling or reclamation facility and , where applicable , the certificate number; ### whether the recovered gases have been recycled or reclaimed , and in which quantity , including the name and address in the union of the recycling or reclamation facility and , where applicable , the certificate number;


### fluorinated greenhouse gases listed in annex i , section 1 , and products containing such gases shall only be destroyed by technologies approved by the parties to the 1987 montreal protocol on substances that deplete the ozone layer (‘the protocol’) or by technologies not yet approved , but are environmentally equivalent and comply with union and national legislation on waste and with additional requirements under such legislation. ### fluorinated greenhouse gases listed in annex i , section 1 , and products containing such gases shall only be destroyed by technologies approved by the parties to the 1987 montreal protocol on substances that deplete the ozone layer (‘the protocol’) or by technologies that are not yet approved , but are environmentally equivalent and comply with union and national legislation on waste and with additional requirements under such legislation.


### other fluorinated greenhouse gases for which destruction technologies have not been approved , shall only be destroyed by the most environmentally acceptable destruction technology not entailing excessive costs , and that comply with union and national legislation on waste and that additional requirements under such legislation are met. ### other fluorinated greenhouse gases for which destruction technologies have not been approved shall only be destroyed by the most environmentally acceptable destruction technology that complies with union and national legislation on waste and that meets additional requirements under such legislation.


### installation , servicing , maintenance , repair or decommissioning of the equipment listed in article 5(2) , points (a) to (g); ### installation , servicing (including retrofitting) , maintenance , repair or decommissioning of the equipment listed in article 5(2) , points (a) to (g);


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


### 8. fluorinated greenhouse gases listed in annex i and intended for direct export shall be labelled with an indication that the contents of the container may only be directly exported. ### 8. goods , product or equipment containing fluorinated greenhouse gases listed in annex i , ii and iii and intended for direct export shall be labelled with an indication that they may only be directly exported.


### 12. fluorinated greenhouse gases listed in annex i and placed on the market for producing metered dose inhalers for the delivery of pharmaceutical ingredients shall be labelled with an indication that the contents of the container may only be used for that purpose. ### 12. fluorinated greenhouse gases listed in annex i and placed on the market for producing metered dose inhalers for the delivery of pharmaceutical ingredients shall be labelled with an indication that the contents of the container may only be used for that purpose and only for as long as the alternatives are not approved yet. producers of medical inhalers shall prove that they are actively seeking authorisation of a more climate-friendly alternative.


### 5. where relevant , customs authorities shall communicate information regarding the customs clearance of goods to the f-gas portal via the european union single window environment for customs. ### 5. customs authorities shall communicate information regarding the customs clearance of goods to the f-gas portal via the european union single window environment for customs.


### based on risk analysis , when carrying out physical customs controls of the gases and products covered under this regulation , the customs authority shall , in particular , verify the following on imports and exports: ### based on risk analysis , when carrying out physical customs controls of the gases , goods , products and equipment covered under this regulation , the customs authority shall , in particular , verify the compliance of all following items on imports and exports:


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


### amendment ### amendment


### (11) refrigerators and freezers for commercial use (self-contained equipment) ### -that contain hfcs with gwp of 2 500 or more.


### (12) any self-contained refrigeration equipment that contains fluorinated greenhouse gases with gwp of 150 or more. ### 1 january 2025


### (14) stationary refrigeration equipment , that contains , or whose functioning relies upon , fluorinated greenhouse gases with gwp of 2 500 or more except equipment intended for application designed to cool products to temperatures below – 50 °c. ### 1 january 2024


### (3) the versailles declaration of 10-11 march 2022 of the heads of states and governments invited the commission to propose by the end of may a repowereu plan to phase out the dependency on russian fossil fuel imports , which was subsequently reiterated in the european council conclusions of 24-25 march 2022. this should be done well before 2030 in a way that is consistent with the eu’s green deal and the climate objectives for 2030 and 2050 enshrined in the european climate law. regulation (eu) 2021/241 should therefore be amended to enhance its ability to support reforms and investments dedicated to diversifying energy supplies , in particular fossil fuels , thereby strengthening the strategic autonomy of the union alongside an open economy. support should also be given to reforms and investments increasing the energy efficiency of the member states’ economies. ### (3) the versailles declaration of 10-11 march 2022 of the heads of states and governments invited the commission to propose by the end of may a repowereu plan to phase out the dependency on russian fossil fuel imports , which was subsequently reiterated in the european council conclusions of 24-25 march 2022. this should be done well before 2030 in a way that is consistent with the eu’s green deal and the climate objectives for 2030 and 2050 enshrined in the european climate law. regulation (eu) 2021/241 should therefore be amended to enhance its ability to support reforms and investments dedicated to reducing the union's dependence on fossil fuels by boosting energy efficiency and the deployment of sustainable renewable energy sources across sectors , thereby strengthening the strategic autonomy of the union alongside an open economy. support should also be given to reforms and investments increasing the decarbonisation of the member states’ economies.


### (6) the repowereu chapter should include new reforms and investments contributing to the repowereu aims. furthermore , that chapter should contain an outline of other measures , financed from sources other than the recovery and resilience facility , contributing to the energy-related objectives outlined in recital (3). the outline should cover measures whose implementation should take place between 1 february 2022 to 31 december 2026 , the period during which the objectives set by this regulation are to be achieved. as regards natural gas infrastructure , the investments and reforms of the repowereu chapters to diversify supply away from russia should build on the needs currently identified through the assessment conducted and agreed by the european network of transmission system operators for gas (entsog) , established in the spirit of solidarity as regards security of supply and take into account the reinforced preparedness measures taken to adapt to new geopolitical threats. finally , the repowereu chapters should provide an explanation and a quantification of the effects of the combination of the reforms and investments financed by the recovery and resilience facility and the other measures financed by other sources than the recovery and resilience facility. ### (6) the repowereu chapter should include revised and new reforms and investments contributing to the repowereu aims. new measures should not affect the level of ambition of the original plan. furthermore , that chapter should contain an outline of other measures , financed from sources other than the recovery and resilience facility , contributing to the energy-related objectives outlined in recital (3). the outline should cover measures whose implementation should take place between 1 february 2022 to 31 december 2026 , the period during which the objectives set by this regulation are to be achieved. it is imperative to swiftly increase investments in energy efficiency measures , such as replacement of gas boilers with heat pumps , that present a sustainable and effective way to address some of the most pressing challenges of energy supply and energy cost , as well as to support energy-poor and vulnerable consumers. finally , the repowereu chapters should provide an explanation and a quantification of the effects of the combination of the reforms and investments financed by the recovery and resilience facility and the other measures financed by other sources than the recovery and resilience facility.


### (13) the application of the ‘do no significant harm’ principle is essential to ensure that the investments and reforms undertaken as part of the recovery from the pandemic are implemented in a sustainable manner. it should continue to apply to the reforms and investments supported by the facility , with one targeted exemption to safeguard the eu’ immediate energy security concerns. considering the objective of diversifying energy supplies away from russian suppliers , the reforms and investments set out in those repowereu chapters which aim to improve energy infrastructure and facilities to meet immediate security of supply needs for oil and gas should not be required to comply with the principle of ‘do no significant harm’ and should therefore be exempted from such assessment. ### (13) the application of the ‘do no significant harm’ principle is essential to ensure that the investments and reforms undertaken as part of the recovery from the pandemic are implemented in a sustainable manner. it should continue to apply to the reforms and investments supported by the facility.


### (16) while extending the current intake rate of allowances to the market stability reserve is needed to prevent in long term a significant increase of the surplus of allowances in the greenhouse gas emission allowance trading within the union , the current economical and geopolitical situation requires the union to mobilise available resources to rapidly diversify union’s energy supply and reduce dependence on fossil fuels before 2030. in this context , decision (eu) 2015/1814 of the european parliament and of the council4 and directive 2003/87/ec of the european parliament and of the council5 should be amended to extend the doubling of the 24% intake rate of the market stability reserve until 2030 , while allowing for an exceptional release and monetisation of a portion of allowances from the market stability reserve and directing revenues towards reforms and investments contributing to repowereu objectives , in the recovery and resilience facility framework. ### (16) the strengthening of the eu emissions trading system (ets) , in particular of its market stability reserve , is necessary to provide a stable and long-term signal to the market of the firm commitment of the union to rapidly and irreversibly reduce its greenhouse gas emissions and to phase out the use of fossil fuels in its economy , in line with the eu climate law. the current economical and geopolitical situation reinforced that urgent need. doing so requires the union to mobilise available resources to rapidly reduce the union's dependence on fossil fuels before 2030 , in particular on russian oil and gas. in this context , directive 2003/87/ec of the european parliament and of the council5 should be amended.


### (20) a request for a dedicated funding for repowereu measures , including allocation from the market stability reserve , transfers from the funds governed by regulation (eu) 2021/1060 and allocated from european agricultural fund for rural development , submitted in a plan , should be justified by a higher financial need linked to additional reforms and investments included in the repowereu chapter. ### (20) a request for a dedicated funding for repowereu measures , including using revenues generated by the eu emissions trading system , transfers from the funds governed by regulation (eu) 2021/1060 and allocated from european agricultural fund for rural development , submitted in a plan , should be justified by a higher financial need linked to additional reforms and investments included in the repowereu chapter.


### (21) the commission should monitor the implementation of reforms and investments outlined in the repowereu chapter and their contribution to the repowereu objectives , as established in regulation (eu) 2021/241. ### (21) the commission should monitor the implementation of reforms and investments outlined in the repowereu chapter and their contribution to the repowereu objectives , as established in regulation (eu) 2021/241. in particular , the commission should assess how the recovery and resilience plans and their repowereu chapters contribute to upward economic and social convergence and prioritise energy poor and vulnerable consumers , also taking into account social and regional inequalities.


### 1. in line with the six pillars referred in article 3 of this regulation , the coherence and synergies they generate , and in the context of the covid-19 crisis , the general objective of the facility shall be to promote the union’s economic , social and territorial cohesion by improving the resilience , crisis preparedness , adjustment capacity and growth potential of the member states , by mitigating the social and economic impact of that crisis , in particular on women , by contributing to the implementation of the european pillar of social rights , by supporting the green transition , by contributing to the achievement of the union’s 2030 climate targets set out in point (11) of article 2 of regulation (eu) 2018/1999 ,and by complying with the objective of eu climate neutrality by 2050 and of the digital transition , by increasing the resilience of the union energy system through a decrease of dependence on fossil fuels and diversification of energy supplies at union level (‘repowereu objectives’) thereby contributing to the upward economic and social convergence , restoring and promoting sustainable growth and the integration of the economies of the union , fostering high quality employment creation , and contributing to the strategic autonomy of the union alongside an open economy and generating european added value. ### 1. in line with the six pillars referred in article 3 of this regulation , the coherence and synergies they generate , and in the context of the covid-19 crisis , the general objective of the facility shall be to promote the union’s economic , social and territorial cohesion by improving the resilience , crisis preparedness , adjustment capacity and growth potential of the member states , by mitigating the social and economic impact of that crisis , in particular on women , by contributing to the implementation of the european pillar of social rights , by supporting the green transition , by contributing to the achievement of the union’s 2030 climate targets set out in point (11) of article 2 of regulation (eu) 2018/1999 ,and by complying with the objective of eu climate neutrality by 2050 and of the digital transition , by increasing the resilience of the union energy system through an end of dependence on fossil fuels and accelerated transition to a highly efficient and fully renewables-based energy system (‘repowereu objectives’) thereby contributing to the upward economic and social convergence , restoring and promoting sustainable growth and the integration of the economies of the union , fostering high quality employment creation , and contributing to the strategic autonomy of the union alongside an open economy and generating european added value.


### for the preparation and , where available , for the implementation of the recovery and resilience plan , a summary of the consultation process , conducted in accordance with the national legal framework , of local and regional authorities , social partners , civil society organisations , youth organisations and other relevant stakeholders , and how the input of the stakeholders is reflected in the recovery and resilience plan; in particular , the summary of the consultation process shall explain the outcome of the consultations with local and regional authorities and other relevant stakeholders on reforms and investments included in the repowereu chapter and outline how the input received was reflected in the repowereu chapter; ### for the preparation and , where available , for the implementation of the recovery and resilience plan , a detailed report on the consultation process , conducted in accordance with the national legal framework , of local and regional authorities , social partners , civil society organisations , youth organisations and other relevant stakeholders , and how the input of the stakeholders is reflected in the recovery and resilience plan; in particular , the report on the consultation process shall explain the timeline and the outcome of the consultations with local and regional authorities , independent scientific experts , civil society representatives and other relevant stakeholders on reforms and investments included in the repowereu chapter , including the allocation of sufficient time for these consultations , stakeholders' analysis of alternatives that do not require new infrastructure investments and outline how the input received from stakeholders was reflected in the repowereu chapter;


### (da) whether the reforms and investments referred to in article 21c(1) effectively contribute towards the diversification of the union’s energy supply or reduction of dependence on fossil fuels before 2030.; ### (da) whether the reforms and investments referred to in article 21c(1) effectively contribute towards the significant reduction of dependence on fossil fuels before 2030.;


### new revenue ### use of revenues generated by the eu emissions trading system (ets)


### (1) eur 20 000 000 000 in current prices shall be available , in line with article 10e(4) of directive 2003/87/ec , for implementation under this regulation to increase the resilience of the union energy system through a decrease of dependence on fossil fuels and diversification of energy supplies at union level. that amount shall be made available in the form of external assigned revenue within the meaning of article 21(5) of the financial regulation. ### (1) eur 20 000 000 000 in current prices shall be available , in line with article 10e(4) of directive 2003/87/ec , for implementation under this regulation to increase the resilience of the union energy system through a decrease of dependence on fossil fuels by boosting energy efficiency and the deployment of sustainable renewable energy sources across sectors. that amount shall be made available in the form of external assigned revenue within the meaning of article 21(5) of the financial regulation.


### (3) the amount referred to in paragraph 1 shall be allocated exclusively to measures referred to in article 21c(1). ### (3) the amount referred to in paragraph 1 shall be allocated exclusively to measures referred to in points (b) , (c) and (d) of article 21c(1).


### improving energy infrastructure and facilities to meet immediate security of supply needs for oil and gas , notably to enable diversification of supply in the interest of the union as a whole , ### improving renewable energy infrastructure and facilities to meet immediate security of supply needs in the interest of the union as a whole ,


### boosting energy efficiency in buildings , decarbonising industry , increasing production and uptake of sustainable biomethane and renewable or fossil-free hydrogen and increasing the share of renewable energy , ### boosting the deep renovation of buildings , energy efficiency and savings in particular in buildings with adequate priority for the needs of energy poor and vulnerable consumers , decarbonising industry , increasing production and uptake of sustainable renewable energy sources as defined under and meeting the sustainable criteria set out in directive (eu) 2018/2001 , in particular thermal renewable energy , sustainable biomethane and renewable fuels of non-biological origin (rfnbos) , thereby increasing the share of renewable energy across the union's economy , including by improving related electrification infrastructure and facilities ,


### an explanation on how the combination of the measures referred to in paragraph 1 and points (a) and (b) of this paragraph is coherent , effective and expected to contribute to the repowereu objectives , including a quantification of the energy savings. ### an explanation on how the combination of the measures referred to in paragraph 1 and points (a) and (b) of this paragraph is coherent , effective and expected to contribute to the repowereu objectives and are in line with the national energy and climate plans of that member state and with the eu climate targets set out in regulation (eu) 2021/1119 , including a quantification of the energy savings , an explanation of how green and more energy efficient solutions that do not require new infrastructure investments were prioritised , and an impact assessment explaining how the proposed measures will address energy poverty as well as social , regional and other intersecting inequalities.


### (3) the estimated costs of the reforms and investments of the repowereu chapter under paragraph 1 shall not be taken into account for the calculation of the plan’s total allocation under article 18(4) , point (f) and article 19(3) , point (f). ### (3) the estimated costs of the reforms and investments of the repowereu chapter under paragraph 1 shall not be taken into account for the calculation of the plan’s total allocation under article 18(4) , point (f) and article 19(3) , point (f) , and under article 18(4) point (e) and article 19(3) point (e).


### (4) by way of derogation from articles 5(2) , 17(4) , 18(4) point (d) and 19(3) points (d) , the principle of “do no significant harm” within the meaning of article 17 of regulation (eu) 2020/852 shall not apply to the reforms and investments expected to contribute to the repowereu objectives under paragraph 1 , point (a) of this article. ### deleted


### (1) for the period until 31 december 2026 , the allowances released pursuant to article 1(6) of decision (eu) 2015/1814 shall be auctioned until the amount of revenue obtained from such auctioning has reached eur 20 billion. this revenue shall be made available to the recovery and resilience facility established by regulation (eu) 2021/241 and shall be implemented in accordance with the provisions of that regulation. ### (1) as an extraordinary and one-time measure , for the period until 31 december 2026 , allowances from the quantity which could otherwise be allocated for free pursuant to article 10a shall be set aside and shall be auctioned until the amount of revenue obtained from such auctioning has reached eur 10 billion. this revenue shall be made available to the recovery and resilience facility established by regulation (eu) 2021/241 and shall be implemented in accordance with the provisions of that regulation. in addition , 125 million allowances from the quantity which could otherwise be allocated for free pursuant to article 10a and 125 million allowances from the quantity which could otherwise be auctioned pursuant to article 10 shall be made available for the climate investment fund established under article 10a(8).


### (2) the commission shall ensure that the allowances destined for the recovery and resilience facility are auctioned in accordance with the principles and modalities laid down in article 10(4) of directive 2003/87/ec and in accordance with article 24 of commission regulation (eu) no 1031/2010[1]. ### (2) the commission shall ensure that the allowances destined for the recovery and resilience facility are auctioned in accordance with the principles and modalities laid down in articles 10(3) and 10(4) of directive 2003/87/ec and in accordance with article 24 of commission regulation (eu) no 1031/2010[1].


### in paragraph 5 , first subparagraph , the third sentence is replaced by the following: ### paragraph 5 subparagraph 1 is replaced by the following:


### in paragraph 6 , the following subparagraph is added: ### deleted


### the measures referred to in article 21c (1) and (2) are expected to effectively contribute towards the union’s security of supply for the union as a whole , notably through a diversification of energy supply or reduction of dependence on fossil fuels before 2030.’. ### the measures referred to in article 21c (1) and (2) are expected to effectively contribute towards the union’s security of supply for the union as a whole , notably through a rapid deployment of energy efficiency measures or reduction of dependence on fossil fuels before 2030.’.


### — the implementation of the envisaged measures is expected to significantly contribute to the improvement of energy infrastructure and facilities to meet immediate security of supply needs for oil and gas , notably to enable diversification of supply in the interest of the union as a whole , ### deleted


### — the implementation of the envisaged measures is expected to significantly contribute to boosting energy efficiency in buildings , decarbonising industry , increasing production and uptake of sustainable biomethane and renewable or fossil free hydrogen and increasing the share of renewable energy , ### — the implementation of the envisaged measures is expected to significantly contribute to boosting the deep renovation of buildings , energy efficiency and savings in particular in buildings , decarbonising industry , increasing production and uptake of sustainable renewable energy sources as defined under and meeting the sustainable criteria set out in directive (eu) 2018/2001 , in particular thermal renewable energy , sustainable biomethane and renewable fuels of non-biological origin (rfnbos) , thereby increasing the share of renewable energy across the union's economy , including by improving related electrification infrastructure and facilities ,


### 10. underlines the requirement to take into account preliminary work on this issue , member states’ different starting points and conditions , and the effects of climate change on carbon when evaluating climate change mitigation practices; ### 10. underlines the need to take into account preliminary work on this issue , member states’ and farmers' having different starting points and potential to sequester carbon; emphasises that an effective carbon farming scheme should not penalise those seeking to take the first step towards more sustainable carbon farming practices , like organic farmers and extensive grassland-based livestock models , who are already contributing to higher carbon stocks by applying beneficial farming practices but considers that benefits still can be found by including continuous improvement requirements regarding climate change mitigation and adaptation and on the longevity of carbon stocks when evaluating climate change mitigation practices;


### 11. underlines that co2 storage is already being used in many areas through the implementation of the common agricultural policy (cap); emphasises that the land and forestry sector have a natural maximum storage capacity; stresses that , except for storage , the conservation of carbon in the soil and emissions avoided and mitigated on farms should be considered valuable contributions to addressing ongoing climate change; ### 11. underlines that over a quarter of all 2014-2020 spending under the common agricultural policy (cap) was earmarked for climate spending , but recalls the findings of the eu court of auditors that concluded that this has had little impact on agricultural emissions; emphasises that the land and forestry sector have a natural maximum carbon storage capacity; stresses that , except for storage , the conservation of carbon in the soil and emissions avoided and mitigated on farms should be considered valuable contributions to addressing ongoing climate change;


### 12. stresses that carbon farming must be regulated in line with the current cap and be seen as a complementary and additional topping-up option; underlines , however , that in the longer term carbon farming should be market-based; ### 12. stresses that carbon farming must be regulated and can already be funded under the current cap; notes that the strategic plans regulation1a sets the specific objective of the plans to "halting and reversing biodiversity loss , enhanced ecosystem services and preserve habitats and landscapes"; underlines , however , that in the longer term carbon farming practices that increase carbon sequestration while preserving and promoting biodiversity should be an integral part of the cap and should be primarily directed to support the systemic and sustainable transition towards sustainable farming systems by rewarding farmers for the climate benefits they deliver; underlines the need to ensure that carbon farming must be implemented through existing and forthcoming legislation and not only the cap but also the nature restoration laws , soil health laws as well as sustainable food systems laws;


### — having regard to the proposal for a regulation of the european parliament and of the council amending regulations (eu) 2018/841 as regards the scope , simplifying the compliance rules , setting out the targets of the member states for 2030 and committing to the collective achievement of climate neutrality by 2035 in the land use , forestry and agriculture sector , and (eu) 2018/1999 as regards improvement in monitoring , reporting , tracking of progress and review (com/2021/0554) , ### — having regard to the european parliament position 1a on the proposal for a regulation of the european parliament and of the council amending regulations (eu) 2018/841 as regards the scope , simplifying the compliance rules , setting out the targets of the member states for 2030 and committing to the collective achievement of climate neutrality by 2035 in the land use , forestry and agriculture sector , and (eu) 2018/1999 as regards improvement in monitoring , reporting , tracking of progress and review (com/2021/0554) ,


### — having regard to the commission communication entitled ‘a farm to fork strategy for a fair , healthy and environmentally-friendly food system’ (com/2020/0381) , ### — having regard to the commission communication entitled ‘a farm to fork strategy for a fair , healthy and environmentally-friendly food system’ (com/2020/0381) , and the parliament resolution of 20 october 2021 on the same topic1a ,


### b. whereas the development and deployment at scale of carbon removal solutions is indispensable to climate neutrality and requires significant targeted support over the next decade for carbon capture , utilisation and storage (ccus); ### b. whereas every tonne of fossil co2 that is not emitted is the best contribution to achieving climate targets; whereas sustainably , safely and permanently storing co2 from the atmosphere or from unavoidable emissions can contribute to climate neutrality only if the carbon is sourced from the atmosphere , stored out of the atmosphere permanently and considered net of all associated greenhouse gas emissions , but is a lesser sustainable solution than avoided emissions as safe , sustainable and permanent storage remains a major challenge;


### 1. welcomes the launch of the carbon farming initiative as announced in the farm to fork strategy and the new eu forest strategy , with the aim of achieving climate neutrality by 2050 as enshrined in the european climate law , and by 2035 in the entire land sector; ### 1. welcomes the launch of the carbon farming initiative as announced in the farm to fork strategy and the new eu forest strategy , with the aim of achieving climate neutrality by 2050 as enshrined in the european climate law , and by 2035 in the entire land sector; highlights that potentially between 100 mt and 444 mt million tons of co2 could be stored in eu soils;


### (1) in the context of the european green deal16 , regulation (eu) 2021/1119 of the european parliament and of the council17 established the objective of the union becoming climate neutral in 2050 , as well as the target of a 55% reduction in greenhouse gas emissions by 2030. this requires an energy transition and significantly higher shares of renewable energy sources in an integrated energy system. ### (1) in the context of the european green deal16 , regulation (eu) 2021/1119 of the european parliament and of the council17 established the objective of the union becoming climate neutral in 2050 at the latest , as well as the target of a at last 55%reduction in greenhouse gas emissions by 2030 in a manner that contributes to the sustainable economic ,environmental and social development , prosperity and job creation in the eu. this requires an energy transition cantered on reducing energy and resource consumption and increased efficiency and significantly higher shares of renewable energy sources in an integrated energy system.


### (2) renewable energy plays a fundamental role in delivering on these objectives , given that the energy sector contributes today over 75% of total greenhouse gas emissions in the union. by reducing those greenhouse gas emissions , renewable energy also contributes to tackling environmental-related challenges such as biodiversity loss and to reducing pollution in line with the objectives of the zero-pollution action plan. ### (2) renewable energy plays a fundamental role in delivering on these objectives , given that the energy sector contributes today over 75% of total greenhouse gas emissions in the union. by reducing those greenhouse gas emissions , renewable energy can also contribute to tackling environmental-related challenges such as biodiversity loss to reducing land , water and air pollution in line with the objectives of the zero-pollution action plan as long as the renewable energy sources themselves do not exacerbate these challenges.


### (11) following the adoption of the plan or plans designating renewables go-to areas , member states should monitor the significant environmental effects of the implementation of plans and programmes in order , inter alia , to identify at an early stage unforeseen adverse effects , and to be able to undertake appropriate remedial action , in accordance with directive 2001/42/ec. ### (11) following the adoption of the plan or plans designating renewables areas , member states should monitor the environmental effects of the implementation of plans and programmes in order , inter alia , to identify at an early stage unforeseen adverse effects , and to be able to undertake appropriate remedial action , in accordance with directive 2001/42/ec.


### (18) the construction and operation of renewable energy plants may result in the occasional killing or disturbance of birds and other protected species under directive 92/43/eec or directive 2009/147/ec26 . however , such killing or disturbance would not be considered deliberate in the sense of these directives if a project has adopted , during its construction and operation , appropriate mitigation measures to avoid collisions or prevent disturbance , and if it carries out a proper monitoring to assess the effectiveness of such measures and , in the light of the information gathered , takes further measures as required to ensure no significant negative impact on the population of the species concerned. ### deleted


### (25) there is an urgent need to reduce the dependence on fossil fuels in buildings and to accelerate efforts to decarbonise and electrify their energy consumption. in order to enable the cost-effective installation of solar technologies at a later stage , all new buildings should be “solar ready” , that is , designed to optimise the solar generation potential on the basis of the site’s solar irradiance , enabling the fruitful installation of solar technologies without costly structural interventions. in addition , member states should ensure the deployment of suitable solar installations on new buildings , both residential and non-residential , and on existing non-residential buildings. large scale deployment of solar energy on buildings would make a major contribution to shielding more effectively consumers from increasing and volatile prices of fossil fuels , reduce the exposure of vulnerable citizens to high energy costs and result in wider environmental , economic and social benefits. in order to efficiently exploit the potential of solar installations on buildings , member states should define criteria for the implementation of , and possible exemptions from , the deployment of solar installations on buildings in line with the assessed technical and economic potential of the solar energy installations and the characteristics of the buildings covered by this obligation. ### (25) there is an urgent need to reduce the dependence on fossil fuels in buildings and to accelerate efforts to decarbonise and electrify their energy consumption. in order to enable the cost-effective installation of solar technologies at a later stage , all new buildings , including roofed constructions used for agricultural activities , should be “solar ready” , that is , designed to optimise the solar generation potential on the basis of the site’s solar irradiance , enabling the fruitful installation of solar technologies without costly structural interventions. in addition , member states should ensure the deployment of suitable solar installations on new buildings , both residential and non-residential , and on existing non-residential buildings. large scale deployment of solar energy on buildings would make a major contribution to shielding more effectively consumers from increasing and volatile prices of fossil fuels , reduce the exposure of vulnerable citizens to high energy costs and result in wider environmental , economic and social benefits. in order to efficiently exploit the potential of solar installations on buildings , member states should define criteria for the implementation of , and possible exemptions from , the deployment of solar installations on buildings in line with the assessed technical and economic potential of the solar energy installations and the characteristics of the buildings covered by this obligation.


### by [2 years after the entry into force] , member states shall adopt a plan or plans designating , within the areas referred to in article 15b(1) , renewables go-to areas for one or more types of renewable energy sources. in that plan or plans , member states shall: ### by [2 years after the entry into force] , member states shall adopt a plan or plans designating , within the areas referred to in article 15b(1) , renewables go-to areas for one or more types of renewable energy sources , taking into account the space requirements identified for each technology to reach climate neutrality by 2040 , with the intermediate step of meeting national contributions under the 2030 targets for renewable energy as set down under article 15b(1). in that plan or plans , member states shall:


### designate sufficiently homogeneous land and sea areas where the deployment of a specific type or types of renewable energy is not expected to have significant environmental impacts , in view of the particularities of the selected territory. in doing so , member states shall: ### designate sufficiently homogeneous land and sea areas where the deployment of a specific type or types of renewable energy is expected to have low environmental impacts according to the sensitivity mapping under point (-a) , in view of the particularities of the selected territory. the overall amount of land and sea areas shall match the space requirements identified to reach the 2030 and 2040 targets for renewable energy as set out under article 15b(1) of this directive and included in national energy and climate plans of the member states , as updated pursuant to article 14 of regulation (eu) 2018/1999. in doing so , member states shall:


### — give priority to artificial and built surfaces , such as rooftops , transport infrastructure areasparking areas , waste sites , industrial sites , mines , artificial inland water bodies , lakes or reservoirs , and , where appropriate , urban waste water treatment sites , as well as degraded land not usable for agriculture; ### — firstly designate artificial and built surfaces for renewable energy , excluding new hydropower and bioenergy , where the installation of renewable energy can be expected to have low environmental impact ('renewable go-to areas'). these are rooftops , facades , sub-surfaces and surfaces , transport infrastructure areas , parking areas , waste sites , industrial sites , mines and , where appropriate , urban waste water treatment sites;


### — exclude natura 2000 sites and nature parks and reserves , the identified bird migratory routes as well as other areas identified based on sensitivity maps and the tools referred to in the next point , except for artificial and built surfaces located in those areas such as rooftops , parking areas or transport infrastructure. ### — secondly designate areas for renewable energy ('renewable areas') , excluding new hydropower plants , where the installation can be expected to have low environmental impact. these areas shall be outside natura 2000 sites and other protected areas , identified bird and marine mammal migratory routes , blue carbon ecosystems , buffer zones and ecological corridors , as well as any other specific areas excluded for energy use or other areas identified based on the assessment in point (-a) , sensitivity maps and the tools referred to in the next point , but could include artificial and built surfaces located in those areas such as rooftops , parking areas or transport infrastructure on the condition that the artificial and built surfaces in questions are not spatially expanded and pursuant to the appropriate assessment of article 6(3) of directive 92/43/eec.


### establish appropriate rules for the designated renewable go-to areas , including on the mitigation measures to be adopted for the installation of renewable energy plants , co-located energy storage facilities , as well as assets necessary for their connection to the grid , in order to avoid or , if not possible , to significantly reduce the negative environmental impacts that may arise. where appropriate , member states shall ensure that appropriate mitigation measures are applied to prevent the situations described in articles 6(2) and 12(1) of directive 92/43/eec , article 5 of directive 2009/147/eec and article 4(1)(a)(i) and (ii) of directive 2000/60/ec. such rules shall be targeted to the specificities of each identified renewable go-to area , the renewable energy technology or technologies to be deployed in each area and the identified environmental impacts. compliance with such rules and the implementation of the appropriate mitigation measures by the individual projects shall result in the presumption that projects are not in breach of those provisions without prejudice to paragraphs 4 and 5 of article 16a. where novel mitigation measures to prevent as much as possible the killing or disturbance of species protected under council directive 92/43/eec and directive 2009/147/eec , or any other environmental impact , have not been widely tested as regards their effectiveness , member states may allow their use for one or several pilot projects for a limited time period , provided that the effectiveness of such measures is closely monitored and appropriate steps are taken immediately if they do not prove to be effective. . ### establish appropriate rules for the designated renewable areas , including on the appropriate and effective mitigation measures to be adopted for the installation of renewable energy plants , co-located energy storage facilities , as well as assets necessary for their connection to the grid , in order to avoid or , if not possible , to significantly reduce the negative environmental impacts that may arise. member states shall ensure that appropriate mitigation measures are applied to implement obligations described in articles 6(2) and 12(1) of directive 92/43/eec , article 5 of directive 2009/147/eec and article 4(1)(a)(i) and (ii) of directive 2000/60/ec. such rules shall be targeted to the specificities of each identified renewable area , the renewable energy technology or technologies to be deployed in each area and the identified environmental impacts and risks. the effectiveness of such measures shall be closely monitored and appropriate steps shall be taken immediately if they do not prove to be effective.


### member states shall explain in the plan the assessment made to identify each designated go-to area on the basis of the criteria set out in point (a) and to identify appropriate mitigation measures. ### member states shall explain in the plan the assessment made to identify each designated area on the basis of the criteria set out in point (a) and to identify appropriate mitigation measures.


### (2) before its adoption , the plan or plans designating renewables go-to areas shall be subject to an environmental assessment carried out in accordance with the conditions set out in directive 2001/42/ec , and where applicable , if including artificial and built surfaces located in natura 2000 sites , likely to have significant impacts in those sites , to the appropriate assessment in accordance to article 6(3) of directive 92/43/eec. ### (2) before its adoption , the plan or plans designating renewables areas shall be subject to a site-and project-specific environmental assessment carried out in accordance with the conditions set out in directive 2001/42/ec , and where applicable , if they may have significant impacts on natura 2000 sites , either individually or in combination with other plans or projects , to the appropriate assessment in accordance to article 6(3) of directive 92/43/eec.


### (3) the plan or plans designating renewables go-to areas shall be made public and shall be reviewed periodically , at least in the context of the update of the national energy and climate plans pursuant to article 14 of regulation (eu) 2018/1999. ### (3) the plan or plans identifying land and sea areas necessary for the installation of plants for the production of energy from renewable sources and designating renewables areas under articles 15b and 15c shall be made public and shall be reviewed periodically , at least in the context of the update of the national energy and climate plans pursuant to article 14 of regulation (eu) 2018/1999 , and directive 2014/89/eu.


### by [2 years after the entry into force] , member states shall adopt a plan or plans designating , within the areas referred to in article 15b(1) , renewables go-to areas for one or more types of renewable energy sources. in that plan or plans , member states shall: ### when designating the areas referred to in article 15b(1) , member states , in coordination with their local and regional authorities , shall adopt a plan or plans designating , within the areas referred to in article 15b(1) , renewables areas for one or more types of renewable energy sources , that match the space requirements identified for each technology to reach the 2030 and 2040 targets for renewable energy , and related sectoral sub-taregts. in that plan or plans , member states shall:


### without prejudice to paragraphs 4 and 5 , by derogation from article 4(2) of directive 2011/92/eu , and annex ii , points 3(a) , (b) , (d) , (h) , (i) , and 6(c) alone or in conjunction with point 13(a) to that directive as far as this concerns renewable energy projects , new applications for renewable energy plants , except for biomass combustion plants , including the repowering of plants , in already designated renewables go-to areas for the respective technology , co-located storage facilities as well as their connection to the grid , shall be exempted from the requirement to carry out a dedicated environmental impact assessment under article 2(1) of directive 2011/92/eu , provided that these projects comply with the rules and measures set out in accordance with article 15c(1) , point (b). the exemption from the application of directive 2011/92/eu above shall not apply to projects which are likely to have significant effects on the environment in another member state or where a member state likely to be significantly affected so requests , as provided for in article 7 of the said directive. ### deleted


### by derogation from article 6(3) of directive 92/43/eec , the plants referred to in the first subparagraph , shall not be subject to an assessment of their implications for natura 2000 sites. ### deleted


### the competent authorities of member states shall carry out a screening of the applications referred to in paragraph 3. such screening shall aim to identify if any of such projects is highly likely to give rise to significant unforeseen adverse effects in view of the environmental sensitivity of the geographical areas where they are located , that were not identified during the environmental assessment of the plan or plans designating renewables go-to areas carried out in accordance with directive 2001/42/ec and , if relevant , with directive 92/43/eec. the screening carried out for the repowering of projects shall be limited to the potential impacts stemming from the change or extension compared to the original project. ### deleted


### for the purpose of such screening , the project developer shall provide information on the characteristics of the project , on its compliance with the rules and measures identified according to article 15c (1) , points (b) and (c) , for the specific go-to area , on any additional measures adopted by the project and how these measures address environmental impacts. such screening shall be finalised within 30 days from the date of submission of the applications for new renewable energy plants , with the exception of applications for installations with an electrical capacity of less than 150 kw. for such installations and for new applications for the repowering of plants , the screening phase shall be finalized within 15 days. ### deleted


### (5) following the screening process , the applications referred to in paragraph 3 shall be authorised from an environmental perspective without requiring any express decision from the competent authority , unless the competent authority adopts an administrative decision , duly motivated and based on clear evidence , that a specific project is highly likely to give rise to significantunforeseen adverse effects in view of the environmental sensitivity of the geographic area where they are located that cannot be mitigated by the measures identified in the plan or plans designating go-to areas or proposed by the developer for the project. such decision shall be made available to the public. such projects shall be subject to an assessment in accordance with directive 2011/92/ec and , if applicable , to an assessment under article 6(3) of directive 92/43/eec , which shall be carried out within six months following the screening decision. ### deleted


### where an environmental assessment is required under directive 2011/92/eu or directive 92/43/eec , it shall be carried out in a single procedure that combines all relevant assessments for a given project. when any such environmental impact assessment is required , the competent authority , taking into account the information provided by the developer , shall issue an opinion on the scope and level of detail of the information to be included by the developer in the environmental impact assessment report , of which the scope shall not be extended subsequently. where the specific projects have adopted appropriate mitigation measures , any killing or disturbance of the species protected under article 12(1) of directive 92/43/eec and article 5 of directive 2009/147/ec shall not be considered deliberate. where novel mitigation measures to prevent as much as possible the killing or disturbance of species protected under council directive 92/43/eec and directive 2009/147/eec , or any other environmental impact , have not been widely tested as regards their effectiveness , member states may allow their use for one or several pilot projects for a limited time period , provided that the effectiveness of such measures is closely monitored and appropriate steps are taken immediately if they do not prove to be effective. the permit-granting process for the repowering of projects and for new installations with an electrical capacity of less than 150 kw , co-located storage facilities as well as their grid connection , located outside renewables go-to areas shall not exceed one year including environmental assessments where required by relevant legislation. where duly justified on the ground of extraordinary circumstances , this one-year period may be extended by up to three months. member states shall clearly inform the developers about the extraordinary circumstances that justified the extension. ### deleted


### permit-granting process for the installation of solar energy equipment in artificial structures ### accelerated deployment of solar energy equipment in artificial structures


### (1) member states shall ensure that the permit-granting process referred to in article 16(1) for the installation of solar energy equipment , including building-integrated solar installations , in existing or future artificial structures , with the exclusion of artificial water surfaces , shall not exceed three months , provided that the primary aim of such structures is not solar energy production. by derogation from article 4(2) of directive 2011/92/eu andannex ii , points 3(a) and (b) , alone or in conjunction with point 13(a) to that directive , such installation of solar equipment shall be exempted from the requirement , if applicable , to carry out a dedicated environmental impact assessment under article 2(1) of directive 2011/92/eu. ### (1) member states shall ensure that the permit-granting process referred to in article 16(1) for the installation of solar energy equipment , including building-integrated solar installations , in existing or future artificial structures , with the exclusion of artificial water surfaces , shall not exceed three months , provided that the primary aim of such structures is not solar energy production. for rooftop solar installations below 50 kw , member states shall ensure simplified authorisation procedures are in place. requirements for construction permits shall be removed in case still in place. member states shall also establish a roadmap to remove other barriers and to enhance the accelerated deployment of solar energy.


### (10) the following article 16d is inserted: ### deleted


### — having regard to the risks that the legal and illegal international trade in wild animals poses to the health of humans and animals , ### — having regard to the risks that the legal and illegal international trade in wild animals poses to biodiversity and the health of humans and animals ,


### 1. underlines the clear need for a more precautionary approach to the protection of wildlife given the continued threat posed by the wildlife trade to individual animals , species , and human and animal health; ### 1. underlines the clear need for a more precautionary approach to the protection of wildlife given the continued threat posed by the legal and illegal wildlife trade to individual animals , species , and human and animal health;


### 3. calls on all parties to increase protection for whistle-blowers , who play an essential part in putting a stop to the illegal wildlife trade; ### 3. calls on all parties to increase protection for whistle-blowers , wildlife rangers (including both state and non-state actors) , and other environmental human rights defenders who play an essential part in putting a stop to the illegal wildlife trade;


### 3. calls on all parties to increase protection for whistle-blowers , who play an essential part in putting a stop to the illegal wildlife trade; ### 3. calls on all parties to increase protection for whistle-blowers , journalists and environmental defenders , who play an essential part in putting a stop to the illegal wildlife trade;


### 4. insists that transnational wildlife crime should be recognised as serious organised crime , which should be reflected in the allocation of resources and entail the active involvement of specialised police and customs investigation agencies; ### 4. insists that transnational wildlife crime should be recognised by all parties as serious organised crime , which should be reflected in the allocation of resources and entail the active involvement of specialised police and customs investigation agencies; calls on the commission and the member states to fully support the development and implementation of an international agreement on tackling wildlife trafficking;


### 6. urges all parties and the eu to ensure transparency in the cites secretariat’s activities and operations , including by publishing the annual illegal trade reports , and that data is uploaded to the cites trade database; ### 6. urges all parties and the eu to ensure transparency in the cites secretariat’s non-sensitive activities and operations , including by publishing the annual illegal trade reports , and that data is uploaded to the cites trade database; including information on the commissioning of reports , the development of terms of reference and the selection of consultants;


### 7. welcomes the amendments to commission regulation (ec) no 865/2006 and the revised guidance document on the eu regime governing trade in ivory and urges the commission to strictly monitor their implementation by the member states; calls on the commission and the member states to transform these rules into legally binding legislation to close the remaining gaps; ### 7. welcomes the amendments to commission regulation (ec) no 865/2006 and the revised guidance document on the eu regime governing trade in ivory and urges the commission to strictly monitor their implementation by the member states; calls on the commission and the member states to transform these rules into legally binding legislation and to close the remaining gaps;


### 8. calls on all parties to guarantee sufficient funding for the proper implementation of the entire convention , including its enforcement; calls on the commission and the member states to increase their financial support to the implementation of cites decisions; ### 8. calls on all parties to guarantee sufficient funding for the proper implementation of the entire convention , including the enforcement of the relevant legislation; calls on the commission and the member states to increase their financial support to the implementation of cites decisions;


### 8. calls on all parties to guarantee sufficient funding for the proper implementation of the entire convention , including its enforcement; calls on the commission and the member states to increase their financial support to the implementation of cites decisions; ### 8. calls on all parties to guarantee sufficient funding for the proper implementation of the entire convention , including its enforcement; calls on the commission and the member states to increase their financial and any other support to the implementation of cites decisions;


### 9. calls for the eu and all parties to the convention to explore mechanisms for ensuring that external funding for cites decisions is consistent with the priorities of their work programmes; ### 9. calls for the eu and all parties to the convention to explore mechanisms for ensuring that external funding for cites decisions is consistent with the priorities of their work programmes and that eu and member state development assistance to third countries does not threaten the viability of wild species , biodiversity , natural habitats , ecosystems and the services and functions they provide;


### 11. urges parties to achieve the aim of ensuring that all trade in wild fauna and flora is legal and sustainable by 2025; emphasises that the goal should be to eliminate illegal trade in cites-listed wildlife species , not only to reduce it; ### 11. emphasises that the goal should be to eliminate illegal trade in cites-listed wildlife species , not only to reduce it and urges parties to achieve the aim of having only legal and ecologically sustainable trade in wild fauna and flora by 2025;


### 14. reiterates its call for the eu member states to establish an eu-wide positive list of exotic animals that can be kept as pets without harm to populations in the wild and to european biodiversity; ### 14. reiterates its call for the eu member states to establish a science-based eu-wide positive list of exotic animals that can be kept as pets , under appropriate welfare conditions , without harm to populations in the wild and to european biodiversity; stresses in this regard , the need for a feasibility study for an eu-wide positive list which shall be based , amongst others , on existing experiences of member states and lessons learned;


### 14. reiterates its call for the eu member states to establish an eu-wide positive list of exotic animals that can be kept as pets without harm to populations in the wild and to european biodiversity; ### 14. reiterates its call for the eu member states to establish an eu-wide positive list of exotic animals that can be kept as pets without harm to populations in the wild , biodiversity and human and animal health;


### 16. welcomes the revision and continuation of the eu action plan against wildlife trafficking; calls on the commission to publish it without delay; ### 16. welcomes the revision and continuation of the eu action plan against wildlife trafficking; calls on the commission to publish it without delay; stresses however , that the success of the future eu action plan against wildlife trafficking will largely depend on this allocation of resources; calls therefore on the eu and member states to identify dedicated budgets for its implementation;


### 17. calls on the commission and member states to tackle both online and offline trade in the revised eu action plan against wildlife trafficking , ensuring that wildlife cybercrime is given the same level of priority as other cybercrimes that threaten human health , the economy , security and education; ### 17. calls on the commission and member states to tackle both online and offline trade in the revised eu action plan against wildlife trafficking , ensuring that wildlife cybercrime is given the same level of priority as other cybercrimes that threaten human health , the economy , security and education; calls on the commission to promptly evaluate how the digital services act could act as a tool to address illegal online trade of animals and plants;


### 17. calls on the commission and member states to tackle both online and offline trade in the revised eu action plan against wildlife trafficking , ensuring that wildlife cybercrime is given the same level of priority as other cybercrimes that threaten human health , the economy , security and education; ### 17. calls on the commission and member states to tackle both online and offline trade in the revised eu action plan against wildlife trafficking , ensuring that wildlife cybercrime is given the same level of priority as other cybercrimes that threaten human health , the economy , security and education inter alia through communication , cooperation and coordination across the involved public and private sectors;


### 18. urges the commission and the member states to promote the development and adoption of an ambitious and robust protocol under the un convention against transnational organized crime , which would include a provision criminalising the import of and trade in wildlife that has been taken illegally from its country of origin; ### 18. urges the commission and the member states to promote the development and adoption of an ambitious and robust protocol on environmental crime under the un convention against transnational organized crime , which would include a provision obliging parties to criminalize the import of and trade in wildlife that has been taken illegally from its country of origin;


### 19. strongly welcomes the proposal for the revision of the environmental crime directive (2008/99/ec) to include most forms of environmental crime offences and additional penalties and sanctions; ### 19. strongly welcomes the proposal for the revision of the environmental crime directive (2008/99/ec) to include most forms of environmental crime offences that shall be punishable by sanctions or penalties , which are effective , proportionate and dissuasive; regrets however that animal welfare considerations are absent from the proposal; calls on the commission to ensure that cruelty against animals is considered as an aggravating circumstance enabling increased penalties under the revised directive;


### 19. strongly welcomes the proposal for the revision of the environmental crime directive (2008/99/ec) to include most forms of environmental crime offences and additional penalties and sanctions; ### 19. strongly welcomes the proposal for the revision of the environmental crime directive (2008/99/ec) to include most forms of environmental crime offences and harmonised and dissuasive penalties and sanctions; calls for the inclusion of iuu fishing and underwater noise pollution among the listed criminal offences;