### 6. notes from the court’s report that , following the termination of a contract due to a contractor’s unsatisfactory performance , the agency signed , a few months later , a new contract “in cascade” for the same type of service with the same contractor without inserting in the technical specifications elements to neutralise the risk of similar problems arising again under the new contract; calls on the agency to award contracts only if satisfactory performance can be expected; ### 6. deplores that , following the termination of a 1 ,4 million euro contract due to a contractor’s unsatisfactory performance , the agency signed , a few months later , a new 2 million euro contract “in cascade” for the same type of service with the same contractor without inserting in the technical specifications elements to neutralise the risk of similar problems arising again under the new contract; is of the opinion that such contracting behaviour raises serious concerns on the agency’s sound financial management calls on the agency to award contracts only if satisfactory performance can be expected; and asks eea to report back to the eca and the discharge authority on the performance of the contractor;


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


### 8. acknowledges the agency’s existing measures and ongoing efforts to secure transparency , prevent and manage conflicts of interests , and provide whistleblower protection; ### 8. acknowledges the agency’s existing measures and ongoing efforts to secure transparency , prevent and manage conflicts of interests , and provide whistleblower protection; raises concerns that the agency does not put in place declarations of conflict of interest for in house experts;


### 7. notes that the fees paid by industry vary substantially year by year , which complicates budget planning and that fees paid with regard to one regulation can only be used in that section of the agency’s budget , which can mean surplus in one section and deficit in other sections of the budget; ### 7. notes that the fees paid by industry vary substantially year by year and that it is therefore not possible for the agency to estimate the need for a balancing subsidy from the union budget at a reasonable margin , which complicates budget planning; notes furthermore that fees paid with regard to different legislative mandates can only be used in that section of the agency’s budget , which can mean surplus in one section and deficit in other sections of the budget; notes moreover that the agency’s income from fees paid by industry under the reach regulation is scheduled to decrease; calls on the agency therefore to report to the discharge authority the steps that are taken together with the commission to explore a sustainable financial model , as concluded in the commission communication of 5 march 2018 entitled 'commission general report on the operation of reach and review of certain elements'1a


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


### 7. notes that the authority has adopted the commission’s model decision on the policy on protecting the dignity of the person and preventing harassment; acknowledges that it organised training sessions and enabled confidential counselling as well as the publication on its intranet of a report on harassments , showing statistics and formal procedures within the 2014-2018 period; ### 7. notes that the authority has adopted the commission’s model decision on the policy on protecting the dignity of the person and preventing harassment; acknowledges that it organised obligatory training sessions both to staff and managers and enabled confidential counselling as well as the publication on its intranet of a report on harassments , showing statistics and formal procedures within the 2014-2018 period; asks the authority to report back to the discharge authority on the measures taken after the investigation of harassment cases;


### 1. notes with concern that budget monitoring efforts during the financial year 2018 resulted in a budget implementation rate of 89 ,14 % , representing a decrease of 1 ,91 % compared to 2017; notes furthermore that the payment appropriations execution rate was 73 ,64 % , representing a decrease of 2 ,98 % compared to 2017; ### 1. notes with concern that budget monitoring efforts during the financial year 2018 resulted in a budget implementation rate of 89 ,14 % , representing a decrease of 1 ,91 % compared to 2017; notes furthermore that the payment appropriations execution rate was 73 ,64 % , representing a decrease of 2 ,98 % compared to 2017; calls on the agency to improve its budget implementation and payment appropriation execution rate;


### 13. acknowledges the agency’s existing measures and ongoing efforts to secure transparency , prevent and manage conflicts of interest , and provide whistleblower protection; notes with concern that , in 2018 , the agency received 21 reports on cases of whistleblowing from an external source , 5 of which were closed in 2017 and 17 cases are still ongoing; calls on the agency to report to the discharge authority on any developments in that regard; ### 13. acknowledges the agency’s existing measures and ongoing efforts to secure transparency , prevent and manage conflicts of interest , and provide whistleblower protection; is highly concerned that , in 2018 , the agency received 21 reports on cases of whistleblowing from an external source raising the problem of maladministration at the agency , 5 of which were closed in 2017 and 17 cases are still ongoing; calls on the agency to address the cases and the problems with the matter of urgency and report to the discharge authority on any developments in that regard; welcomes that the agency has in place declaration of conflict of interest for management board members , for senior management and for experts and makes it available online;


### 17. notes that the court issued an emphasis of matter paragraph in relation to the two london-based agencies , concerning the united kingdom’s decision to withdraw from the european union; notes that the seat of the agency moved to amsterdam in march 2019 and that the agency’s accounts at 31 december 2018 , included provisions for related costs amounting to eur 17 800 000; regrets that the lease agreement for the london based premises sets a rental period until 2039 with no exit clause; also regrets that on 20 february 2019 , the high court of justice of england and wales ruled against ema’s request to cancel the lease; notes , however , that the lease agreement allows reassignment or subletting of the premises to third parties , subject to the landlord’s consent; deeply regrets that the notes to the accounts at 31 december 2018 disclosed an amount of eur 468 000 000 remaining rent until 2039 , of which an amount of eur 465 000 000 for the lease period after the agency’s planned move to amsterdam is disclosed as a contingent liability; urges the agency to do its utmost to minimise the financial , administrative and operational impact of the unfavourable lease agreement and to report to the discharge authority on the developments in this regard; ### 17. notes that the court issued an emphasis of matter paragraph in relation to the two london-based agencies , concerning the united kingdom’s decision to withdraw from the european union; notes that the seat of the agency moved to amsterdam in march 2019 and that the agency’s accounts at 31 december 2018 , included provisions for related costs amounting to eur 17 800 000; regrets that the lease agreement for the london based premises sets a rental period until 2039 with no exit clause; also regrets that on 20 february 2019 ,the high court of justice of england and wales ruled against ema’s request to cancel the lease; notes , however , that the lease agreement allows reassignment or subletting of the premises to third parties , subject to the landlord’s consent; deeply regrets that the notes to the accounts at 31 december 2018 disclosed an amount of eur 468 000 000 remaining rent until 2039 , of which an amount of eur 465 000 000 for the lease period after the agency’s planned move to amsterdam is disclosed as a contingent liability; highlights that although the agency’s sublease was concluded with effect from 1 july 2019 the future net cost of the uncancellable lease agreement was unknown; urges the agency to do its utmost to minimise the financial , administrative and operational impact of the unfavourable lease agreement; calls on the agency to involve the commission’s legal service and the negotiating team for the united kingdom's decision to withdraw from the european union into the legal problem as it raises the legal and financial responsibility of the government of the united kingdom for invoking article 50 of the teu as the high court did not recognise the situation as a force majeure; calls on the agency to report back to the discharge authority on the matter;


### two years following the individual dates listed in annex iv , the subsequent supply or making available to another party in the union for payment or free of charge of products or equipment lawfully placed on the market prior to the date referred to in the first subparagraph shall be allowed only if evidence is provided that the product or equipment was placed lawfully on the market prior to the date. ### following the individual dates listed in annex iv , the subsequent supply or making available to another party in the union for payment or free of charge of products or equipment lawfully placed on the market prior to the date referred to in the first subparagraph shall be allowed only if evidence is provided that the product or equipment was placed lawfully on the market prior to the date.


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


### only undertakings that hold a certificate required under article 10(1) , point (a) or the training attestation required under article 10(2) , or undertakings that employ persons holding such a certificate or a training attestation shall be allowed to purchase fluorinated greenhouse gases listed in annex i or annex ii , section 1 , for the purpose of carrying out the installation , servicing , maintenance or repair of the equipment containing those gases , or whose functioning relies upon those gases , referred to in article 5(2) , points (a) to (g) , and article 10(2). ### only undertakings that hold a certificate required under article 10(1) , point (a) or the training attestation required under article 10(2) , or undertakings that employ persons holding such a certificate or a training attestation shall be allowed to purchase fluorinated greenhouse gases listed in annex i or annex ii , section 1 , and spare parts for the purpose of carrying out the installation , servicing , maintenance or repair of the equipment containing those gases , or whose functioning relies upon those gases , referred to in article 5(2) , points (a) to (g) , and article 10(2).


### only undertakings that hold a certificate required under article 10(1) , point (a) or the training attestation required under article 10(2) , or undertakings that employ persons holding such a certificate or a training attestation shall be allowed to purchase fluorinated greenhouse gases listed in annex i or annex ii , section 1 , for the purpose of carrying out the installation , servicing , maintenance or repair of the equipment containing those gases , or whose functioning relies upon those gases , referred to in article 5(2) , points (a) to (g) , and article 10(2). ### only undertakings that hold a certificate required under article 10(1) , point (a) or the training attestation required under article 10(2) , or undertakings that employ persons holding such a certificate or a training attestation shall be allowed to purchase fluorinated greenhouse gases listed in annex i or annex ii , section 1 , and spare parts for the purpose of carrying out the installation , servicing , maintenance or repair of the equipment containing those gases , or whose functioning relies upon those gases , referred to in article 5(2) , points (a) to (g) , and article 10(2). therefore the prohibition set out in paragraph 1 , first subparagraph shall not cover spare parts that are needed for repair and maintenance of existing installations.


### from 1 january 2017 , the quantity expressed in weight and in co2 equivalent of fluorinated greenhouse gases contained in the product or equipment , or the quantity of fluorinated greenhouse gases for which the equipment is designed , and the global warming potential of those gases. ### from 1 january 2017 , the quantity expressed in weight and in co2 equivalent of fluorinated greenhouse gases contained in the product or equipment , or the quantity of fluorinated greenhouse gases for which the equipment is designed , and the global warming potential of those gases including on a 100- and 20-year timescale.


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


### 4. the use of desflurane as inhalation anaesthetic is prohibited as from 1 january 2026 , except when such use is strictly required and no other anaesthetic can be used on medical grounds. the user shall provide evidence , upon request , on the medical justification to the competent authority of the member state and the commission. ### 4. the use of desflurane as inhalation anaesthetic is prohibited as from 1 january 2029 , except when such use is strictly required and no other anaesthetic can be used on medical grounds.


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


### supplied directly by a producer or an importer to an undertaking using it for the etching of semiconductor material or the cleaning of chemicals vapour deposition chambers within the semiconductor manufacturing sector. ### supplied directly by a producer or an importer to an undertaking producing metered dose inhalers for the delivery of pharmaceutical ingredients using a propellant with a gwp of less than 150.


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


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


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


### those implementing acts shall be adopted in accordance with the examination procedure referred to in article 34(2). ### those implementing acts shall be adopted in accordance with the examination procedure referred to in article 34(2). (a). where a request concerns protection of public health , and imperative grounds of urgency so require , the commission shall adopt delegated acts in accordance with the procedure provided for in article 32 (1a) in order to authorise an exemption referred to in paragraph 4 of this article.


### the allocation of quotas is subject to the payment of the amount due which equals to three euro for each tonne of co2 equivalent of quota to be allocated. importers and producers shall be notified via the f-gas portal of the total amount due for its calculated maximum quota allocation for the following calendar year and of the deadline for completing the payment. the commission may , by means of implementing acts , determine the modalities and the detailed arrangements for the payment of the amount due. those implementing acts shall be adopted in accordance with the examination procedure referred to in 34(2). ### the allocation of quotas is subject to the payment of the amount due which equals to five euro for each tonne of co2 equivalent of quota to be allocated. importers and producers shall be notified via the f-gas portal of the total amount due for its calculated maximum quota allocation for the following calendar year and of the deadline for completing the payment. the commission may , by means of implementing acts , determine the modalities and the detailed arrangements for the payment of the amount due. those implementing acts shall be adopted in accordance with the examination procedure referred to in 34(2).


### the allocation of quotas is subject to the payment of the amount due which equals to three euro for each tonne of co2 equivalent of quota to be allocated. importers and producers shall be notified via the f-gas portal of the total amount due for its calculated maximum quota allocation for the following calendar year and of the deadline for completing the payment. the commission may , by means of implementing acts , determine the modalities and the detailed arrangements for the payment of the amount due. those implementing acts shall be adopted in accordance with the examination procedure referred to in 34(2). ### the allocation of quotas is subject to the payment of the amount due which equals to four euro for each tonne of co2 equivalent of quota to be allocated. importers and producers shall be notified via the f-gas portal of the total amount due for its calculated maximum quota allocation for the following calendar year and of the deadline for completing the payment. the commission may , by means of implementing acts , determine the modalities and the detailed arrangements for the payment of the amount due. those implementing acts shall be adopted in accordance with the examination procedure referred to in 34(2).


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


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


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


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


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


### 1. refrigeration , air conditioning and heat pump equipment charged with hydrofluorocarbons shall not be placed on the market unless hydrofluorocarbons charged into the equipment are accounted for within the quota system referred to in this chapter. ### 1. refrigeration , air conditioning , meter dose inhalers and heat pump equipment charged with hydrofluorocarbons shall not be placed on the market unless hydrofluorocarbons charged into the equipment are accounted for within the quota system referred to in this chapter.


### 1. refrigeration , air conditioning and heat pump equipment charged with hydrofluorocarbons shall not be placed on the market unless hydrofluorocarbons charged into the equipment are accounted for within the quota system referred to in this chapter. ### 1. refrigeration , air conditioning , metered dose inhalers and heat pump equipment charged with hydrofluorocarbons shall not be placed on the market unless hydrofluorocarbons charged into the equipment are accounted for within the quota system referred to in this chapter.


### undertakings shall have a valid registration in the f-gas portal prior to the import or export of fluorinated greenhouse gases and products and equipment containing fluorinated greenhouse gases or whose functioning relies upon those gases except in cases of temporary storage and for the following activities: ### undertakings shall have a valid registration in the f-gas portal prior to the import or export of fluorinated greenhouse gases and products and equipment containing fluorinated greenhouse gases or whose functioning relies upon those gases for the following activities:


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


### 5. at the request of another member state , a member state may conduct checks on undertakings suspected of being engaged in the illegal movement of the gases and products and equipment covered by this regulation and which are operating on the territory of that member state. the requesting member state shall be informed about the result of the check. ### 5. at the request of another member state , a member state shall conduct checks on undertakings suspected of being engaged in the illegal movement of the gases and products and equipment covered by this regulation and which are operating on the territory of that member state. the requesting member state shall be informed about the result of the check.


### 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.


### 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 maximum administrative fines of at least six 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 ten times the value of the gases or products and equipment concerned.


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


### the commission shall establish a consultation forum for providing advice and expertise in relation to the implementation of this regulation. the rules of procedure of the consultation forum shall be established by the commission and shall be published. ### the commission shall establish a consultation forum for providing advice and expertise in relation to the implementation of this regulation. the consultation forum shall ensure a balanced participation of representatives of member states and of all relevant stakeholders including environmental organisations , patient associations and healthcare professionals organisations , representative of manufacturers , operators and certified persons. the rules of procedure of the consultation forum shall be established by the commission and shall be published.


### by 1 january 2033 , the commission shall publish a report on the implementation of this regulation. ### by 1 january 2033 , the commission shall publish a report on the implementation of this regulation , including an assessment of developments and use of low gwp alternatives. the commission shall , where appropriate , provided that it possess sufficient evidence regarding development and use of low gwp alternatives in products and equipment placed on the market , strengthen the prohibitions on the placing on the market of high gwp fluorinated greenhouse gases in the products or equipment concerned.


### for the period 1 january 2036 and thereafter , 15% % of the annual average of its production in 2011-2013. ### for the period 1 january 2036 until 31 december 2038 , 15% of the annual average of its production in 2011-2013.


### ii) in addition , for importers and producers that have reported the placing on the market of hydrofluorocarbons for the usage referred to in article 26(5) , second subparagraph , a reference value based on the annual average of the quantities of those hydrofluorocarbons for such usage lawfully placed on the market from 1 january 2020 as reported under article 19 of regulation (eu) no 517/2014 and of article 26 of this regulation for the years available , on the basis of available data. ### ii) in addition , for importers and producers that have reported the placing on the market of hydrofluorocarbons for the usage referred to in article 26(5) , second subparagraph , a reference value based on the annual average of the quantities of those hydrofluorocarbons for such usage lawfully placed on the market from 1 january 2020 as reported under article 19 of regulation (eu) no 517/2014 and of article 26 of this regulation for the years available , on the basis of available data.


### – in addition , where relevant , a quota corresponding to the reference value referred to in annex vii , point 4(ii) , multiplied by the maximum quantity for the year for which the quota is allocated divided by the maximum quantity for the year 2024. ### – in addition , where relevant , a quota corresponding to the reference value referred to in annex vii , point 4(ii). from 1 january 2030 a quota corresponding to the reference value referred to in annex vii , point 4(ii) , multiplied by the maximum quantity for the year for which the quota is allocated divided by the maximum quantity for the year 2024.


### in case where after allocating the full amount of quotas as referred to in the second subparagraph , the maximum quantity is exceeded , all quotas will be reduced proportionally. ### in case where after allocating the full amount of quotas as referred to in the second subparagraph , the maximum quantity is exceeded , all quotas allocated under annex vii , point 4(i) will be reduced proportionally.


### (6) it is important that this regulation ensures that the union complies with its international obligations under the kigali amendment to the protocol in the long-term , in particular , with regards to the reduction of consumption and production of hfcs , reporting and licensing requirements , in particular by introducing a phase-down for production and adding reduction steps for the placing of hfcs on the market for the time after 2030. ### (6) it is important that this regulation ensures that the union complies with its international obligations under the kigali amendment to the protocol in the long-term , in particular , with regards to the reduction of consumption and production of hfcs , reporting and licensing requirements , in particular by introducing a phase-down for production and adding reduction steps for the placing of hfcs on the market for the time after 2030. however to achieve the climate target in energy sector , there might be a rising need of hfcs , in particular in light of the new target established by repower to deploy 60 million new heat pumps by 2030. it is therefore of outermost importance that this regulation takes into account the new target as well as the need to further invest in electrification and to expand power grid.


### (6) it is important that this regulation ensures that the union complies with its international obligations under the kigali amendment to the protocol in the long-term , in particular , with regards to the reduction of consumption and production of hfcs , reporting and licensing requirements , in particular by introducing a phase-down for production and adding reduction steps for the placing of hfcs on the market for the time after 2030. ### (6) it is important that this regulation ensures that the union complies with its international obligations under the kigali amendment to the protocol in the long-term , in particular , with regards to the reduction of consumption and production of hfcs , reporting and licensing requirements , in particular by introducing a phase-down for production and adding reduction steps for the placing of hfcs on the market for the time after 2030. however to achieve the climate target in transport and energy sectors there might be a rising need of hfc. it is therefore crucial that this regulation reflect the repowereu target of 60 million new heat pumps by 2030 , as well as invest in electrification , power grid expansions and increased use of batteries in the energy and transport sector.


### (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 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. in order to ensure coherence with the communication of the commission of 14 october 2020 entitled ‘chemicals strategy for sustainability - towards a toxic-free environment’ and with the comprehensive set of actions proposed to address the use of and contamination with per and polyfluoroalkoxy alkyl substances (pfas) , this regulation should prevent regrettable substitution , inter alia , by not leading to the use of pfas or gases that can degrade to pfas.


### (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 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. in order to ensure coherence with the communication of the commission of 14 october 2020 entitled ‘chemicals strategy for sustainability - towards a toxic-free environment’ and with the comprehensive set of actions proposed to address the use of and contamination with per and polyfluoroalkoxy alkyl substances , this regulation should prevent regrettable substitution , inter alia , by not leading to the use of pfas or gases that can degrade to pfas.


### (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. 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 , enforcement efforts of the member states , training and other measures to prevent illegal hfc trade and to ensure uptake of safe alternatives.


### (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. 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. any remaining revenue should be allocated to horizon europe fund to incentivise the development of alternatives to hfcs.


### (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. 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 , enforcemement efforts of the member states , training and other measures to prevent illegal hfc trade and to ensure uptake of safe alternatives.


### (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. 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. in order to facilitate transition into hfc alternatives any revenue remaining after covering of the administrative costs should be entered into horizon europe fund.


### (39) in implementing this regulation , the commission should establish a so-called consultation forum to ensure a balanced participation of member states’ representatives and representatives of civil society , including environmental organisations , representatives of manufacturers , operators and certified persons. ### (39) the commission should establish a so-called consultation forum to facilitate the implementation of this regulation. the consultation forum shall ensure a balanced participation of member states’ representatives and of all relevant stakeholders including representatives of environmental organisations , patient associations and healthcare professionals' organisations , representatives of manufacturers , operators and certified persons.


### (41) in order to amend certain non-essential elements of this regulation , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union (‘tfeu’) should be delegated to the commission in respect of the establishment of a list of products and equipment for which the recovery of gases or their destruction is technically and economically feasible and the specification of the technologies to be applied; labelling requirements; the exclusion from quota requirements of hfcs in accordance with decisions of the parties to the protocol; concerning the amounts due for the allocation of quota and the mechanism to allocate remaining quotas; additional measures for the monitoring of substances and of products and equipment placed under temporary storage and customs procedures; the rules applicable to the release for free circulation of products and equipment imported from and exported to any entity not covered by the protocol; the update of global warming potentials of listed substances. it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level and that those consultations be conducted in accordance with the principles laid down in the inter-institutional agreement of 13 april 2016 on better law-making38 . in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and the council receive all documents at the same time as member states' experts , and their experts systematically have access to meetings of commission expert groups dealing with the preparation of delegated acts. ### (41) in order to amend certain non-essential elements of this regulation , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union (‘tfeu’) should be delegated to the commission in respect of the establishment of a list of products and equipment for which the recovery of gases or their destruction is technically and economically feasible and the specification of the technologies to be applied; labelling requirements; the exclusion from quota requirements of hfcs in accordance with decisions of the parties to the protocol; concerning the amounts due for the allocation of quota and the mechanism to allocate remaining quotas; additional measures for the monitoring of substances and of products and equipment placed under temporary storage and customs procedures; the rules applicable to the release for free circulation of products and equipment imported from and exported to any entity not covered by the protocol; the update of global warming potentials of listed substances. it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level and with the consultation forum. those consultations should be conducted in accordance with the principles laid down in the inter-institutional agreement of 13 april 2016 on better law-making38 . in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and the council receive all documents at the same time as member states' experts , and their experts systematically have access to meetings of commission expert groups dealing with the preparation of delegated acts.


### 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.


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


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


### 9. 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 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 products and equipment 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 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 products and equipment , 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.


### text proposed by the commission ### (12) any self-contained refrigeration equipment that contains fluorinated greenhouse gases with gwp of 150 or more.


### having regard to the treaty on the functioning of the european union , and in particular article 175 third paragraph , article 177 first paragraph , article 192 (1) , article 194 (2) and article 322 (1) thereof , ### having regard to the treaty on the functioning of the european union , and in particular article 175 third paragraph , article 177 first paragraph , article 191 , article 192 (1) , article 194 (2) and article 322 (1) thereof ,


### (2) due to the direct links between a sustainable recovery , building the union’s resilience and the union’s energy security , and its role for a just and inclusive transition , the recovery and resilience facility is a well-suited instrument to contribute to the union’s response to these newly emerging challenges. ### (2) due to the direct links between a sustainable recovery , building the union’s resilience and the union’s energy security , and its role for a just and inclusive transition , the recovery and resilience facility is a well-suited instrument to contribute to the union’s response to these newly emerging challenges , while ensuring compliance with union´s legislation1a and with existing international commitments , including those stemming from the aarhus and bern conventions.


### (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 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 , while at the same time engaging them in energy sobriety , which should be understood as the appropriate use of energy , without excess , and refers therefore to the notion of moderation in our daily energy use. as a genuine complement to energy efficiency , it should be the cornerstone of all the reforms and investments carried out under this strategic plan , through a range of incentives or regulations at european level (turning down the heating or air conditioning in buildings , speed limits for land and marine vehicles).


### (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 diversifying energy supplies and swift union´s renewable energy transition , including geothermal , and prioritising wind and solar energy generation and infrastructure specifically on urban and industrial areas , boosting innovative and sustainable agri-photovoltaic systems , 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.


### (8) investments in infrastructure and technologies alone are not sufficient to ensure a reduction of dependency from fossil fuels. resources should be dedicated to the reskilling and upskilling of people , to further equip the workforce with green skills. this is in line with the objective of the european social fund plus , which aims at supporting member states in achieving a skilled and resilient workforce ready for the future world of work. in light of this , resources transferred from the european social fund plus should help support measures for the reskilling and upskilling of the workforce. the commission will assess whether the measures included in the repowereu chapters significantly contribute to supporting a requalification of the workforce towards green skills. ### (8) investments in infrastructure and technologies alone are not sufficient to ensure a reduction of dependency from fossil fuels. resources should be dedicated to the development of innovative neutral technologies with a view to further promoting the circular economy , in order to develop clean and sustainable energy production solutions , such as recovery of final waste in island territories and limiting its export. other resources should be dedicated to the reskilling and upskilling of people , to further equip the workforce with green skills. this is in line with the objective of the european social fund plus , which aims at supporting member states in achieving a skilled and resilient workforce ready for the future world of work. in light of this , resources transferred from the european social fund plus should help support measures for the reskilling and upskilling of the workforce. the commission will assess whether the measures included in the repowereu chapters significantly contribute to supporting a requalification of the workforce towards green skills.


### (12) pursuant to article 18(4) point (q) of regulation (eu) 2021/241 , the member states should also provide a summary of the consultation process of local and regional authorities and other relevant stakeholders , including , as relevant , from the agricultural sector , for reforms and investments included in the repowereu chapter. such summaries should explain the outcome of those consultations and outline how the input received was reflected in repowereu chapters. ### (12) pursuant to article 18(4) point (q) of regulation (eu) 2021/241 , the member states should also provide a summary of the consultation process of local and regional authorities and other relevant stakeholders , including , as relevant , from the non-governmental and agricultural sectors , for reforms and investments included in the repowereu chapter. such summaries should explain the outcome of those consultations and outline how the input received was reflected in repowereu chapters.


### (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 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 , directive 2003/87/ec of the european parliament and of the council5 should be amended to direct revenues from the auctioning of allowances towards reforms and investments contributing to repowereu objectives , in the recovery and resilience facility framework. in keeping with the objectives of directive 2003/87/ec , such revenues should not finance investments in fossil fuel infrastructure or facilities.


### (18) regulation (eu) 2021/2115 of the european parliament and of the council7 should also be amended to allow for a possibility to deliver up to 12.5% of the european agricultural fund for rural development through the recovery and resilience facility. such method of delivery is justified by complementarity and synergies between these instruments with regard to the objectives of reducing the use of synthetic fertilisers , or increasing production of sustainable biomethane or renewable energy , in accordance with the objectives of the common agricultural policy set out in article 39 of tfeu. the delivery via the recovery and resilience facility should accelerate the disbursement of funds to beneficiaries from the agricultural sector which is vital considering the urgency of the energy-related objectives. ### (18) regulation (eu) 2021/2115 of the european parliament and of the council7 should also be amended to allow for a possibility to deliver up to 12.5% of the european agricultural fund for rural development through the recovery and resilience facility. such method of delivery is justified by complementarity and synergies between these instruments with regard to the objectives of reducing the use of synthetic fertilisers , synthetic plant protection products , or increasing production of sustainable biomethane or renewable energy , in accordance with the objectives of the common agricultural policy set out in article 39 of tfeu and the cascading use principle which maximizes resource effectiveness. the delivery via the recovery and resilience facility should accelerate the disbursement of funds to beneficiaries from the agricultural sector which is vital considering the urgency of the energy-related objectives.


### 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 , 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 , 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’) , and the deployment of an energy sobriety plan at european level , 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 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 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 reinforcing the eu green deal objectives 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.


### (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 article 21c(1) and shall not be allocated for projects that have a significant harm on the environment as per 92/43/eec , including projects that are of overriding public interest.


### (5) each member state may submit to the commission a request for allocation of an amount not exceeding its share , by including in its plan the reforms and investments described in article 21c(1) and indicating their estimated costs. ### (5) each member state may submit to the commission a request for allocation of an amount not exceeding its share , by including in its plan its commitment to climate neutrality goal by 2050 , the reforms and investments described in article 21c(1) and indicating their estimated costs.


### (1) resources allocated to member states under shared management may , at their request , be transferred or allocated to the facility subject to the conditions set out in article 26a of regulation (eu) 2021/1060 and article 81a of regulation (eu) 2021/2115. those resources shall be used exclusively for the benefit of the member state concerned. ### (1) resources allocated to member states under shared management may , at their request , be transferred or allocated to the facility subject to the conditions set out in article 26a of regulation (eu) 2021/1060 and article 81a of regulation (eu) 2021/2115 and shall not be allocated for projects that have a significant harm on the environment as per 92/43/eec , including projects that are of overriding public interest. those resources shall be used exclusively for the benefit of the member state concerned.


### resources allocated under article 81a of regulation (eu) 2021/2115 shall support measures in article 21c(1)(b) of this regulation for farm investments for the benefit of farmers or groups of farmers , in particular to contribute reducing the use of synthetic fertilisers , increasing production of renewable energy and sustainable biomethane , and boosting energy efficiency. ### resources allocated under article 81a of regulation (eu) 2021/2115 shall support measures in article 21c(1)(b) of this regulation for farm investments for the benefit of farmers or groups of farmers , in particular to contribute reducing the use of synthetic fertilisers , synthetic plant protection products , increasing production of renewable energy and sustainable biomethane , and boosting energy efficiency.


### 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 energy infrastructure and facilities to meet immediate security of supply needs and swift rollout of renewable energy , notably to enable diversification of supply in the interest of the union as a whole , facilitating the upgrade of energy grid and enabling the upscale and grid´s optimisation for solar , wind and geothermal energy ,


### 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 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; revenue raised in line with article 10e(4) of directive 2003/87/ec shall not contribute to this objective.


### 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 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 , by embracing an energy mix combining marine and terrestrial renewable energy (wind , solar , hydro , geothermal) to build a more resilient and autonomous energy model , while supporting the development of innovative and sustainable technologies , and developing the energy autonomy of isolated territories , in particular the island territories in the outermost regions by investing in an energy mix combining marine renewable energy (wind , marine turbine , thermal energy from the sea) and terrestrial renewable energy (wind , solar , hydro , geothermal , recovery of final waste) ,


### 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 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 , while avoiding building renewable energies and their infrastructure in sensitive areas including protected areas , their buffer zones and ensuring alignment with requirements of existing environmental legislation ,


### supporting the objectives in points (a) , (b) and (c) through an accelerated requalification of the workforce towards green skills , as well as support of the value chains in key materials and technologies linked to the green transition. ### supporting the objectives in points (a) , (b) and (c) through an accelerated requalification of the workforce towards green skills , and increasing the capacity of authorities to evaluate applications for permits , as well as support of the value chains in key materials and technologies linked to the green transition.


### (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. ### (4) the principle of “do no significant harm” within the meaning of article 17 of regulation (eu) 2020/852 shall apply to the reforms and investments expected to contribute to the repowereu objectives under paragraph 1 , point (a) of this article.


### (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) for the period until 31 december 2026 , an amount of allowances from the total quantity of allowances 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. these allowances shall be taken in equal shares from the quantity to be auctioned in accordance with the second subparagraph of article 10 and the quantity that would otherwise be allocated free of charge.


### article 5 ### deleted


### — 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 , ### — 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 and renewable energy rollout , notably to enable diversification of supply in the interest of the union as a whole , including by upgrading the energy grid and enabling the upscale and grid´s optimisation for solar , wind and geothermal energy ,


### — 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 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 , while avoiding building renewable energies and their infrastructure in sensitive areas including protected areas , their buffer zones and ensuring alignment with requirements of existing environmental legislation ,


### — the implementation of the envisaged measures is expected to significantly contribute to supporting a requalification of the workforce towards green skills , as well as supporting value chains in key materials and technologies linked to the green transition , ### — the implementation of the envisaged measures is expected to significantly contribute to supporting a requalification of the workforce towards green skills , as well as supporting value chains in key materials and technologies linked to the green transition , and to increase the capacity of authorities to evaluate applications for permits ,


### 9. considers that carbon farming can be a new business model which should be additional and voluntary , and which aims to upscale climate mitigation by paying farmers to implement climate-friendly farm or forest management practices , by tapping into the potential of blue carbon ecosystems and by streamlining the industrial use of carbon sequestered for different purposes; ### 9. considers that carbon farming can be a new business model which should be additional and voluntary , and which aims to upscale climate mitigation by paying farmers and foresters to implement climate-friendly farm or forest management practices , by tapping into the potential of blue carbon ecosystems and by streamlining the industrial use of carbon sequestered for different purposes;


### 9. considers that carbon farming can be a new business model which should be additional and voluntary , and which aims to upscale climate mitigation by paying farmers to implement climate-friendly farm or forest management practices , by tapping into the potential of blue carbon ecosystems and by streamlining the industrial use of carbon sequestered for different purposes; ### 9. considers that carbon farming can be a new business model which should be additional and voluntary , and which aims to upscale climate mitigation by paying farmers to implement climate-friendly farm or forest management practices , and by tapping into the potential of blue carbon ecosystems and feed these removals into the national greenhouse gas inventories;


### 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 requirement to take into account preliminary work on this issue , early movers , member states’ different starting points and conditions , and the effects of climate change and of no action scenario on carbon when evaluating climate change mitigation and adaptation 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 co2 storage is already being used in many areas through the implementation of the common agricultural policy (cap); emphasises that ecosystems have a natural maximum storage capacity and that the full storage potential is unrealized also in palearctic ecoregion , of which europe is part1a; considers that carbon removals in ecosystems and production systems are attributable to restoration , management (e.g. improved forest stewardship , regenerative farming , agroforestry) , and maintenance (e.g. the sequestration benefit accrued through avoided forest conversion) of carbon stocks and associated soils; stresses that the conservation of carbon in the biomass and soil and emissions avoided and mitigated 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 the importance of maintaining consistency in all measures within eu policies , notably the cap , to ensure that enabling conditions are created for the upscaling of carbon farming and to allow equal access for all farmers and foresters across member states; calls for the integration of carbon farming into cap national strategic plans (nsp) in line with member states assessment and needs , to ensure that local natural conditions are adequately reflected , including innovative practices in crop and livestock production such as in animal nutrition and animal welfare;


### 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. whereas to reach climate neutrality requires to attain neutrality in the land sector as well as to reduce ghg emissions of the agriculture sector;


### 2. underlines the importance of carbon farming as a new business model for eu agriculture with a view to allowing the sector’s active contribution to the green transition to provide new sources of income and business development opportunities; ### 2. underlines the importance of carbon farming as a new business model for eu agriculture with a view to allowing the sector’s active contribution to the green transition to provide new sources of market based income and business development opportunities , especially for rural and remote areas , for land managers active in crops and livestock productions as well as forests; stresses that carbon farming must be market based in the long run and not rely solely on public funding


### 2. underlines the importance of carbon farming as a new business model for eu agriculture with a view to allowing the sector’s active contribution to the green transition to provide new sources of income and business development opportunities; ### 2. underlines the importance of carbon farming as a new business model for eu agriculture which should be additional and voluntary , and which aims to upscale climate mitigation by paying farmers to implement climate-friendly farm or forest management practices , with a view to allowing the sector’s active contribution to the green transition by providing new sources of income and business development opportunities;


### (9) member states should designate as renewables go-to areas those areas that are particularly suitable to develop renewable energy projects , differentiating between technologies , and where the deployment of the specific type of renewable energy sources is not expected to have a significant environmental impact. in the designation of renewables go-to areas , member states should avoid protected areas to the extent possible and consider restoration plans. member states may designate renewable go-to areas specific for one or more types of renewable energy plants and should indicate the type or types of renewable energy that are suitable to be produced in each renewable go-to area. ### (9) member states should designate as renewables go-to areas those areas that are particularly suitable to develop renewable energy projects , differentiating between technologies , and where the deployment of the specific type of renewable energy sources is not expected to have a significant environmental impact. these renewable go-to areas should be particularly suitable for the installation of plants for the production of energy from renewable sources , other than biomass combustion plants , except for installations located in an outermost region as referred to in article 349 tfeu. in the designation of renewables go-to areas , member states should avoid protected areas to the extent possible and consider restoration plans. member states may designate renewable go-to areas specific for one or more types of renewable energy plants and should indicate the type or types of renewable energy that are suitable to be produced in each renewable go-to area.


### (9) member states should designate as renewables go-to areas those areas that are particularly suitable to develop renewable energy projects , differentiating between technologies , and where the deployment of the specific type of renewable energy sources is not expected to have a significant environmental impact. in the designation of renewables go-to areas , member states should avoid protected areas to the extent possible and consider restoration plans. member states may designate renewable go-to areas specific for one or more types of renewable energy plants and should indicate the type or types of renewable energy that are suitable to be produced in each renewable go-to area. ### (9) member states should designate as renewables go-to areas those areas that are particularly suitable to develop renewable energy projects , differentiating between technologies , and where the deployment of the specific type of renewable energy sources is not expected to have a significant environmental impact. in the designation of renewables go-to areas , member states should avoid protected areas and consider restoration plans. member states may designate renewable go-to areas specific for one or more types of renewable energy plants and should indicate the type or types of renewable energy that are suitable to be produced in each renewable go-to area.


### (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 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 adverse effects , and to be able to undertake appropriate remedial action , in accordance with directive 2001/42/ec.


### (12) the provisions of the united nations economic commission for europe (unece) convention on access to information , public participation in decision-making and access to justice in environmental matters23 (‘the aarhus convention’)¨ regarding access to information , public participation in decision-making , and access to justice in environmental matters , in particular the provisions relating to public participation and to access to justice remain applicable , where relevant. ### (12) the provisions of the united nations economic commission for europe (unece) convention on access to information , public participation in decision-making and access to justice in environmental matters23 (‘the aarhus convention’)¨ regarding access to information , public participation in decision-making , and access to justice in environmental matters , in particular the provisions relating to public participation and to access to justice remain applicable.


### (15) the designation of renewables go-to areas should allow renewable energy plants , their grid connection as well as co-located energy storage facilities located in these areas to benefit from predictability and streamlined administrative procedures. in particular , projects located in renewable go-to areas should benefit from accelerated administrative procedures , including a tacit agreement in case of a lack of response by the competent authority on an administrative step by the established deadline , unless the specific project is subject to an environmental impact assessment. these projects should also benefit from clearly delimited deadlines and legal certainty as regards the expected outcome of the procedure. following the application for projects in a renewables go-to area , member states should carry out a fast screening of such applications with the 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 geographic area 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. all projects located in renewables go-to areas should be deemed approved at the end of such screening process. only if member states have clear evidence to consider that a specific project is highly likely to give rise to such significant unforeseen adverse effects , member states should , after motivating such decision , subject such project to an environmental assessment in accordance with directive 2011/92/ec and , where relevant , directive 92/43/eec25 . given the need to accelerate the deployment of renewable energy sources , such assessment should be carried out within six months. ### (15) the designation of renewables go-to areas and complementary renewable areas should allow renewable energy plants , their heat network and grid connection as well as co-located energy storage facilities located in these areas to benefit from predictability and streamlined administrative procedures. in particular , projects located in renewable go-to areas should benefit from accelerated administrative procedures , including a tacit agreement in case of a lack of response by the competent authority on an administrative step by the established deadline , unless the specific project is subject to an environmental impact assessment and appropriate assessment. these projects should also benefit from clearly delimited deadlines and legal certainty.