# EUR-Lex - 52012PC0643 - EN

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# 52012PC0643

**Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on fluorinated greenhouse gases /* COM/2012/0643 final - 2012/0305 (COD) */**

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EXPLANATORY MEMORANDUM

1.           CONTEXT OF THE PROPOSAL

Problem description and objectives

The
international scientific consensus calls for limiting the global temperature
increase to 2˚C to prevent undesirable climate effects[1]. In respect of this objective, the European Council has called for
a reduction of greenhouse gas emissions in the EU by 80-95 % by 2050
compared to levels in 1990 in the context of similar action by developed
countries. The EU Low Carbon
Economy Roadmap[2] shows that, in order to achieve this objective at the
lowest cost, all sectors and greenhouse gases must contribute including
fluorinated greenhouse gases (F-gases) whose warming potential can be up to
23,000 times more potent than carbon dioxide (CO2).

In September 2011 the Commission published
a report[3] on the application of Regulation (EC) No 842/2006[4]. It concluded that the
Regulation could deliver significant emission reductions if it was further
improved and fully applied. It also stated that more needed to be done to further
reduce F-gas emissions in the EU. By ensuring that F-gases are replaced by safe
alternatives with no or a lower impact on the climate, yearly emissions
expressed in CO2 equivalent could be cut by two-thirds by 2030 at
relatively low cost[5].

Clearly
early action to exploit relatively cheap abatement options for F-gases will
avoid potentially higher costs associated with the reduction of other
greenhouse gases in other industrial sectors[6].
However, some stakeholders[7] have stated that it is difficult to market "greener"
alternative technologies under prevailing market conditions. In Denmark on the
other hand, where stricter national rules on F-gases apply, start-ups and SMEs
have successfully innovated and marketed new green technologies, turning them
into market leaders.

In this context, this proposal aims to

(1)
replace Regulation (EC) No 842/2006 on certain
fluorinated greenhouse gases in order to ensure a more cost-efficient contribution to achieving the EU’s climate objectives
by discouraging the use of F-gases with a high impact on the climate in favour
of energy-efficient and safe alternatives, and further improving the containment
and end-of-life treatment of products and equipment that contain F-gases;

(2)
enhance sustainable growth, stimulate innovation
and develop green technologies by improving market opportunities for
alternative technologies and gases with a low impact on the climate;

(3)
bring the EU into line with the latest scientific
findings at international level, as described in the Fourth Assessment Report of
the UN’s IPCC, e.g. with regard to the substances covered by this regulation and
the calculation of their global warming potential (GWP);

(4)
help to bring about a consensus on an
international agreement to phase down hydrofluorocarbons (HFCs), the most relevant
group of F-gases, under the Montreal Protocol;

(5)
simplify and clarify Regulation (EC)
No 842/2006 to reduce administrative burden in line with the Commission’s
commitment to better regulation.

Background

According to the cost-effective pathway to
decarbonise the EU economy, emissions of F-gases should be reduced in the order of 70-78% by 2050 and by
72-73% by 2030 at a marginal abatement cost of approximately €50 per tonne CO2
equivalent.2 In total, F-gases account for
2% of all greenhouse gases in the EU today but have a much more potent atmospheric
warming potential than CO2. They are used in a variety of refrigeration
and air‑conditioning equipment, in insulation foams and electrical
equipment, in aerosol sprays, as solvents or in fire protection systems.
Emissions occur mainly during emissive uses (of aerosol sprays or solvents for
example) or due to leakage during the operation and disposal of products and equipment
that contain F-gases.

Most F-gases have been developed by
industry to replace ozone-depleting substances (ODS) that are being phased out
under the Montreal Protocol. Due to greater wealth and population growth, more
products and equipment that rely on F-gases or ODS are sold. As a result, there
has been a sharp increase worldwide in the production and use of F-gases since
1990 and will, if unaddressed, lead to considerable emissions into the
atmosphere. Since products and equipment that contain F-gases often have a long
life, if no action is taken today, high emissions that could have been
prevented will continue for decades to come.

The current F-Gas Regulation focuses mainly
on the containment and end-of-life processing of products and equipment that
contain F-gases. Current EU F-gas policies are expected to stabilise F-gas
emissions in the EU, if shortcomings in the application of certain measures are
rectified. However, it is unlikely that there will be a reduction of emissions
in absolute terms unless additional measures are implemented.

There are currently only a few measures in
place to avoid the use of F-gases. Nevertheless, today it is possible, in
almost all sectors in which F-gases are used, to fully or partially replace them
with alternatives that are safe and at least as energy-efficient. Policy
measures must, however, take into account the fact that the numerous types of
products and equipment are concerned and that the technical feasibility and
costs and benefits of replacing F-gases may depend on the size of the product
or equipment and on where it will be used.

Internationally, the growing problem of F-gas
emissions is receiving attention. In 2009, 2010, 2011 and 2012, several parties
to the Montreal Protocol submitted proposals to phase down the supply and
consumption of HFCs worldwide. The envisaged measures under this Regulation
would anticipate a global phase-down along the lines of the current proposals
under the Montreal Protocol and would thus prepare the EU for such future
obligations. The EU has supported these proposals as a complement to action to
mitigate climate change under the United Nations Framework Convention on
Climate Change (UNFCCC)[8].
Little progress has been made in the negotiations so far because China, India,
Brazil and other countries have refused to discuss this issue under the
Montreal Protocol. However, the United Nations Conference on Sustainable
Development (Rio+20) recently expressed support for a gradual phase-down of the
consumption and production of HFCs[9].

In addition, the Climate and Clean Air
Coalition to Reduce Short-Lived Climate Pollutants was established in 2012. The
G8, the United Nations Environmental Programme (UNEP), the World Bank and the
European Commission have joined it. A priority area for action are emissions of
HFCs[10]. The European
Parliament has also repeatedly called for ambitious action on F‑gases, in
particular HFCs[11].

Current EU legislation on F-gases consists
of two main legislative acts:

(1)
Regulation (EC) No 842/2006 focusing on
preventing leakage during use (containment) and at the end of the life of
(mostly) stationary equipment and on a limited number of F-gas bans on narrowly
defined niche applications (the F-Gas Regulation),

(2)
Directive 2006/40/EC of the European Parliament
and of the Council introducing restrictions on the use of F-gases with global
warming potential (GWP) of more than 150 in the air-conditioning systems of new
motor vehicles (the MAC Directive).

Regulation (EC) No 842/2006 is complemented
by ten Commission Regulations establishing the format for reports[12], the form of labels and
additional labelling requirements[13],
standard requirements for checking leakage[14],
[15], requirements
for training and certification programmes[16],
[17], [18], [19], [20] and the format for notifying
them[21].

Consistency
with other policies and objectives of the Union

The right of the European Union to act in
this area is set out in Articles 191 and 192 of the Treaty on the Functioning
of the European Union (TFEU). Article 191 explicitly refers to the objective of
combating climate change as part of the EU’s environmental policy. Action in
this area fully respects the principle of subsidiarity. Climate change is a cross-border
issue on which EU-wide action is needed, in particular since the EU has a
common emission reduction target.

The cost-efficient emission reductions planned
are consistent with the pathway outlined in the 2050 EU Low Carbon Roadmap.
Support for new alternatives will help maintain the competitiveness of the
European economy and support green growth in particular, in line with the EU
2020 priority of sustainable growth[22]. Measures
to safeguard the interests of SMEs are introduced along ‘think small first’ lines[23], while special attention is paid to impacts on energy efficiency to
ensure consistency in line with work the EU has done to encourage ecodesign[24] and energy efficiency[25].
Finally, the proposal also aims to
simplify the legislation and keep administrative burden for public (EU or
national) authorities and companies to a minimum.

2.           RESULTS OF CONSULTATIONS WITH THE
INTERESTED PARTIES AND IMPACT ASSESSMENTS

Consultation of interested parties and
the collection and use of expertise

The Commission has gathered extensive
technical advice from a number of expert studies[26], [27], [28], [29] including a comprehensive preparatory study5 for the review of Regulation (EC) No
842/2006. A 47-member group of experts from the various
industry sectors, Member States and NGOs was asked to provide guidance and
technical input for this study. The Joint Research Centre (JRC) also did a
macro-economic analysis of policy options.

The Commission carried out a broad consultation
with stakeholders, including a three‑month public online consultation
from 26 September to 19 December 2011 and an open hearing in Brussels on 13
February 2012. Three quarters of the 261 stakeholders who replied in the
online consultation were from industry. With regard to the most adequate policy
approaches in the absence of a worldwide phase-down of HFCs, less than 2 %
of stakeholders replied ‘no further action’. The three most frequently chosen policy
options were strengthening measures for containment and recovery, voluntary
agreements and quantitative limits on placing HFCs on the EU market
(phase-down). Many respondents thought several policy measures were
appropriate.

The stakeholder hearing,
attended by over 130 stakeholders, revealed that a large majority of industry
preferred or could live with a phase-down of the supply of F-gases. This would give
it some flexibility in cases where alternative technologies were not yet
considered suitable. In contrast, they thought that bans on new equipment were
too rigid or that they required a complex set of exemptions. For commercial
users of F-gas equipment, it was crucial that existing equipment would not
become redundant. NGOs and stakeholders from industry who are working with alternative
technologies thought that it was essential to have bans with minor exemptions. They
regarded a phase-down as a complement to bans. A few stakeholders wanted to
focus only on better application of the Regulation. At that stage, Member
States had no official positions but indicated support for a phase-down. A network of Environmental Protection Agencies[30] recommended combining a
phase-down mechanism with bans to reinforce the phase-down.

Impact
assessment

The Commission did an impact assessment of
policy alternatives in terms of their effectiveness in achieving the policy
objectives and their environmental, economic and social impacts on
stakeholders. A wide range of policy measures to
complement existing measures were considered. The final options contained only
measures that were shown to deliver substantial emission savings at low
abatement costs and to be consistent with other EU
policies.

Full application of the F-Gas Regulation
was set as the baseline option. Four other policy
options were assessed in detail:

(a)
Voluntary agreements;

(b)
Extended scope for containment and recovery
measures;

(c)
Quantitative limits on the supply of HFCs
(phase-down);

(d)
A ban on placing certain products and equipment that
contain F-gases on the EU market.

The methodological basis for the impact
assessment was a detailed analysis of the feasibility of introducing safe,
energy-efficient alternatives in the 28 main sectors that use F-gases. Since
alternative technologies were only taken into account if they were considered
at least as energy-efficient as conventional F-gas technologies, indirect emissions
from electricity consumption were inherently addressed from the outset.

Impacts at different stages in the
production chain and at different stages of use were considered, i.e. on
producers of chemicals; producers of products and equipment; wholesalers; industrial
users of products and equipment; companies that service equipment and final
consumers.

The impact assessment showed that a
phase-down of HFCs that introduces gradually lower limits until 2030 for the
amounts of these F-gases to be put on the market in the EU would deliver the most
emission savings, reducing today’s emissions by two thirds by 2030 (roughly 70
million tonnes of CO2 equivalent). Some restrictions on the use of
F-gases are appropriate, in particular to safeguard the integrity of the
phase-down and to target F-gases not covered by the phase-down. Measures on
containment and recovery should be extended to some modes of transport. Together,
these options would most stimulate innovation and the development of green
technologies. Their cost to the economy and society as a whole would be low (a
maximum effect on GDP of -0.006 %), while giving industry flexibility. An
emission reduction of two thirds would be in line with the current proposals
under the Montreal Protocol and prepare EU industry for a phase-down. It would
lead to cost reductions due to higher market penetration and to economies of
scale for alternative technologies, thus helping to reach an agreement on the
proposals under the Montreal Protocol.

Administrative costs can be kept relatively
low (total administrative costs of around two million euro a year for a
phase-down). This is because the reporting scheme under Regulation (EC) No
842/2006 already provides most of the data needed to implement any policy
options in the future.

3.           LEGAL ELEMENTS OF THE PROPOSAL

Summary of the proposed action

The proposal maintains the current
provisions of the F-Gas Regulation, with adjustments to ensure better
implementation and enforcement of the legislation by national authorities. Some
containment measures have also been extended to refrigerated trucks and
trailers. Annex IX provides in a correlation table an overview on how the existing
provisions have been integrated in the proposed regulation.

The most important new measure is the introduction
of quantitative limits on the supply of bulk HFC substances in the EU,
decreasing over time. This phase-down is complemented by measures ensuring that
quantities used in products and equipment are also covered by this mechanism.

The phase-down mechanism involves a
gradually declining cap on the total placement of bulk HFCs (in tonnes of CO2
equivalent) on the market in the EU with a freeze in 2015, followed by a first
reduction in 2016 and reaching 21 % of the levels sold in 2008–11 by 2030.
Producers of products and equipment who face a restricted supply of F-gases
will switch to alternative technologies where feasible.

The phase-down mechanism is based to a
large extent on the experience gained from phasing down the consumption of ODS.
Companies that place bulk HFCs on the EU market must have rights to place bulk
substances on the EU market for the first time. The Commission allocates free
quotas to companies based on past reporting data, with a reserve for new
entrants. Companies must make sure that they have enough rights to cover their
actual placing of products and equipment on the market. They may transfer quotas
among themselves. The Commission checks compliance the following year, with
independent verification of reports. Around 100 companies are expected to participate
and a threshold ensures that companies that only place small quantities on the
market are exempted.

HFCs imported in pre-charged equipment should
also be counted under the phase-down and so complementary measures are indispensable
to tackle these gases to ensure the environmental integrity[31] of the phase-down mechanism
and a level playing field in the market. Therefore, non-hermetically sealed HFC
appliances would still be able to be produced in, or imported into, the EU but
they would have to be filled at the place of installation.[32] Similarly, the placing on the
market of movable air conditioning containing HFCs will be banned from 2020. A few additional bans are introduced to underpin the phase-down
mechanism and restrict the use of other F-gases not covered by the mechanism
and which have been found to be cost-effective in relation to the overall
required level of emissions reduction. See table 1 for overview.

Table 1. Summary overview over new
equipment restrictions

Products and equipment   || Date of prohibition

Use of HFC-23 in fire protection systems and fire extinguishers || 1 January 2015

Domestic refrigerators and freezers with HFCs with GWP of 150 or more || 1 January 2015

Refrigerators and freezers for commercial use (hermetically sealed systems) || 1 January 2017 for HFCs with GWP of 2500 or more 1 January 2020 for HFCs with GWP of 150 or more

Movable room air-conditioning appliances (hermetically sealed) with HFCs with GWP of 150 or more || 1 January 2020

In addition, recharging of existing
refrigeration equipment with a charge size over 5 tonnes of CO2
equivalent with HFC of very high GWP (>2500) will not be permitted from 2020
onwards as more adequate and energy efficient drop-in refrigerants of lower GWP
are already widely available on the market.

Restrictions on the use of SF6
in magnesium die casting is extended also to facilities using less than 850 kg
per year as technological progress has rendered such use obsolete.

Additional reporting obligations should
enable monitoring of the use of F-gases that are not covered by current legislation.

Legal basis

The primary objective of the Regulation is to provide a high level of protection for the environment,
in particular by combating climate change. This proposal is therefore based
on Article 192(1) of the Treaty on the Functioning of
the European Union.

Subsidiarity principle

The objectives of the
proposal cannot be sufficiently achieved by the Member States. The EU will better
achieve the objectives for the following reasons.

Protecting the climate system is a cross-border
issue. Individual Member States cannot solve the
problems alone. The scale of the problem demands
EU‑wide action as well as action worldwide. The proposal also aims to create the legal framework for
implementing an international agreement on the phase-down of HFCs, to which the
EU would be party. The agreement is currently under discussion at international
level.

The Regulation provides for banning the placing
on the market and the use of certain products and equipment that contain F-gases.
It is therefore relevant to the functioning of the internal market.

The proposal focuses on
amending and complementing EU legislation and on strengthening some provisions
to improve its implementation and enforcement by Member States.

It therefore complies
with the subsidiarity principle.

Proportionality principle

The proposal complies
with the proportionality principle. The measures are based on a thorough
assessment of their cost-efficiency. The thresholds for acceptable abatement
costs are in line with the Low Carbon Roadmap[33],
setting out the overall strategy to combat climate change. Sufficiently long
transition periods allow the sectors concerned to adapt in an economically
efficient way.

Where restrictions on certain
F-gas applications are envisaged, the proposal ensures that technically and
economically feasible alternatives are available. If under particular
circumstances this is not the case, it allows derogations to be granted.

No detailed provisions
are proposed in areas where the objectives might be better achieved by action
in other policy areas, for example by legislation on waste or ecodesign. This
is to avoid overlaps that might lead to the unclear allocation of
responsibilities, creating an additional burden for public authorities and
companies.

Choice of instruments

The legal instrument
chosen is a Regulation because the proposal aims to replace and improve the
existing Regulation and because the phase-down mechanism should build on the
system established at EU level for the phase-down of ozone depleting substances.
This system has proven to work efficiently. Any change to the system would
unduly burden both Member States and the companies active in this sector.

4.           BUDGETARY IMPLICATION

The proposal has no incremental impact on
the budget of the European Union.

2012/0305 (COD)

Proposal for a

REGULATION OF THE EUROPEAN PARLIAMENT
AND OF THE COUNCIL

on fluorinated greenhouse gases

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE
COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the
Functioning of the European Union, and in particular Article 192(1) thereof,

Having regard to the proposal from the
Commission,

After transmission of the draft legislative
act to the national Parliaments,

Having regard to the opinion of the
European Economic and Social Committee[34],

Having regard to the opinion of the
Committee of the Regions[35],

Acting in accordance with the ordinary
legislative procedure,

Whereas:

(1)       The Fourth Assessment
Report of the Intergovernmental Panel on Climate Change ("IPCC") of
the United Nations Framework Convention on Climate Change ("UNFCCC"),
to which the Union is party[36],
stated that, on the basis of existing scientific data, developed countries
would need to reduce greenhouse gas emissions by 80 % to 95 % below
1990 emissions by 2050 to limit global climate change to a temperature increase
of 2˚C and thus prevent undesirable climate effects[37].

(2)       To reach this target, the
European Commission has laid out in a Low Carbon Economy Roadmap a cost-effective
way of achieving the necessary overall emission reductions in the Union by 2050[38]. This roadmap establishes the
sectoral contributions needed in six areas. Non-CO2 emissions
(including fluorinated greenhouse gases but excluding non-CO2 emissions
from agriculture) should be reduced by 72 % to 73 % by 2030 and by 70 %
to 78 % by 2050, compared to 1990 levels. If based on the reference year
2005, a reduction in non-CO2 emissions, except those from
agriculture, of 60 % to 61 % by 2030 is required. Fluorinated
greenhouse gas emissions were estimated at 90 million tonnes (Mt) of CO2
equivalent in 2005. A 60 % reduction means that emissions would have to be
reduced to around 35 Mt of CO2 equivalent by 2030. Given estimated emissions
of 104 Mt of CO2 equivalent in 2030 based on the full
application of current legislation, a further decrease of around 70 Mt of CO2
equivalent is required.

(3)       A Commission report[39] on the application, effects
and adequacy of Regulation (EC) No 842/2006[40]
concluded that the current containment measures, if fully applied, have the
potential to reduce emissions of fluorinated greenhouse gases. Those measures
should, therefore, be maintained and clarified on the basis of the experience gained
in implementing them. Certain measures should also be extended to other
appliances in which substantial quantities of fluorinated greenhouse gases are
used, such as refrigerated trucks and trailers. The obligation to establish and
maintain records of equipment that contains such gases should also cover
electrical switchgear.

(4)       The Commission's report also
concluded that more can be done to reduce emissions of fluorinated greenhouse
gases in the Union, in particular by avoiding the use of those gases where there
are safe and energy efficient alternative technologies with no impact or a lower
impact on the climate. A decrease of up to two thirds of the 2010 emissions by
2030 is cost-effective because proved and tested alternatives are available in
many sectors.

(5)       To encourage the use of
such technologies, the training of persons who carry out activities involving
fluorinated greenhouse gases should cover technologies that serve to replace
and reduce the use of fluorinated greenhouse gases. Certificates should have a
limited validity and the initial period of validity should only be extended on
the basis of compulsory periodic training, to ensure that those persons are kept
aware of new technical developments.

(6)       To ensure coherence with
monitoring and reporting requirements under the UNFCCC and with Decision
4/CMP.7 of the Conference of the Parties serving as the meeting of the Parties
to the Kyoto Protocol, global warming potentials should be calculated in terms
of the 100-year global warming potential of one kilogram of a gas relative to
one kilogram of CO2. The calculation should where possible be based
on the fourth assessment report adopted by the IPCC.

(7)       Given that there are suitable
alternatives, the current ban on using sulphur hexafluoride in magnesium
die-casting and the recycling of magnesium die-casting alloys should be
extended to facilities that use less than 850 kg per year. Similarly, with an
appropriate transitional period, the use of refrigerants with very high global
warming potential ("GWP") to service or maintain refrigeration
equipment with a charge size equivalent to 5 tonnes of CO2 or more
should be banned.

(8)       Additional bans on the
placing on the market of new equipment for refrigeration, air-conditioning and
fire protection that operate using specific fluorinated greenhouse gases should
be introduced where suitable alternatives to the use of those substances are
available. In the light of future technical developments and the availability
of cost-efficient alternatives to the use of fluorinated greenhouse gases, the
Commission should be empowered to include other products and equipment or to
exclude, also temporarily, certain categories of products or equipment for
which alternative substances which fall below the specified global warming
potential limit are not available for technical or economic reasons, including
insufficient supply of alternative substances on the market to meet the demand,
or due to applicable safety standards excluding the use of relevant
alternatives.

(9)       Such bans should only be
introduced where they will result in lower overall greenhouse gas emissions, in
particular from both the leakage of any fluorinated greenhouse gases and the CO2
emissions resulting from their energy consumption. Equipment containing fluorinated
greenhouse gases should thus be allowed if their overall greenhouse gas
emissions are less than those that would result from an equivalent equipment
without fluorinated greenhouse gases, which has the maximum allowed energy
consumption set out in relevant implementing measures adopted under Directive 2009/125/EC
(Ecodesign)[41].

(10)     To ensure that only persons
who have been duly certified install non-hermetically sealed refrigeration, air‑conditioning
and heat-pump equipment, there should be a ban on the placing on the market of
this equipment pre-filled with hydrofluorocarbons. This measure should also
ensure that all quantities used for the first filling of such equipment are subject
to the reduction measures.

(11)     Gradually reducing the
placing on the market of hydrofluorocarbons has been identified as the most
effective, cost-efficient way of reducing emissions of those substances in the
long term.

(12)     To implement the gradual reduction
of the placing on the market of hydrofluorocarbons, the Commission should
allocate quotas to individual producers and importers for placing them on the
market in order that the overall quantitative limit for placing
hydrofluorocarbons on the market in the Union is not exceeded.

(13)     The quota allocation to
individual companies should be based on the quantities of hydrofluorocarbons they
have produced or imported during the reference period from 2008 to 2011. However,
in order not to exclude small operators, five per cent of the overall
quantitative limit should be reserved for importers and producers who have not
imported or produced more than 1 tonne of fluorinated greenhouse gases in the
reference period.

(14)     By regularly recalculating
the quotas the Commission should ensure that new operators are allowed to
continue their activities on the basis of the average volumes they placed on
the market in the recent past.

(15)     The Commission should
ensure that a central electronic registry is in place to manage the quotas, based
on the system for licensing trade under Regulation (EC) No 1005/2009 of
the European Parliament and of the Council of 16 September 2009 on substances
that deplete the ozone layer[42].

(16)     To maintain the flexibility
of the market in bulk hydrofluorocarbons, transferring quotas should be
permitted, also to producers and importers that have not been active in the
sector before.

(17)     In order to make it
possible to monitor the effectiveness of the Regulation, the scope of the
current reporting obligations should be extended to cover other fluorinated
substances that have significant GWP or are likely to replace fluorinated
greenhouse gases listed in Annex I as well. For the same reason the destruction
of fluorinated greenhouse gases and the importation of those gases when
contained in products and equipment should also be reported. De minimis
thresholds should be set to avoid disproportionate administrative burden, in
particular for small and medium-sized enterprises and micro-enterprises.

(18)     The Commission should
continuously monitor the effects of reducing the placing on the market of
hydrofluorocarbons, including the effect of reduction on the supply for
appliances where the use of hydrofluorocarbons would result in lower life-cycle
emissions than if an alternative technology was used. The monitoring should
also ensure the early detection of health or safety concerns, due to negative
impacts on the availability of medicinal products. A comprehensive review
should be carried out before 2030 in time to adapt the provisions of this
Regulation in the light of its implementation and of new developments and to
adopt, if appropriate, further reduction measures.

(19)     To ensure uniform
conditions for the implementation of this Regulation, implementing powers
should be conferred on the Commission to determine the formats of records to be
kept on equipment installed, serviced, maintained, repaired or decommissioned,
of the notification of training and certification programmes and of the labels
for products and equipment; to determine reference values for importers and
producers based on the quantities of hydrofluorocarbons placed on the market in
the Union and to determine the format and means of submitting reports. Those
powers should be exercised in accordance with Regulation (EU) No 182/2011 of
the European Parliament and of the Council of 16 February 2011 laying down the
rules and general principles concerning mechanisms for control by the Member
States of the Commission’s exercise of implementing powers[43].

(20)     In order to take
technological progress and the development of markets affected by this Regulation
into account, and to ensure compliance with international agreements, the power
to adopt acts in accordance with Article 290 of the Treaty on the Functioning
of the European Union should be delegated to the Commission with regard to the
following: specifying requirements for standard leakage checks; extending the
list of equipment subject to mandatory recovery of fluorinated greenhouse gases;
specifying minimum requirements and the conditions for the mutual recognition
of training programmes for persons who install, maintain, repair or
decommission the equipment and who check leaks and recover fluorinated
greenhouse gases, and for the certification of those persons and of companies that
perform such tasks; amending labelling requirements; prohibiting the placing on
the market of more products and equipment that contain or rely on fluorinated
greenhouse gases; amending the maximum quantities of hydrofluorocarbons that may
be placed on the market and exempting the supply of hydrofluorocarbons for
specific critical uses from the quota requirement for health and safety reasons;
determining the rules for recalculating reference values for the placing on the
market of hydrofluorocarbons by individual undertakings and amending or
supplementing the mechanism for the allocation of quotas; revising the
thresholds for reporting requirements; establishing requirements for the
reporting systems on emissions of fluorinated greenhouse gases and the use of
the data on emissions collected by the Member States; including other substances
with a significant global warming potential in the lists of substances covered
by this Regulation and updating the lists on the basis of new scientific
findings, in particular the global warming potential of the substances listed
in the annexes to the Regulation.

(21)     It is of particular
importance that the Commission carry out appropriate consultations during its
preparatory work, including at expert level. When preparing and drawing up
delegated acts, the Commission should ensure a simultaneous, timely and
appropriate transmission of relevant documents to the European Parliament and
to the Council.

(22)     This Regulation amends and
complements Regulation (EC) No 842/2006, which should therefore be replaced,

HAVE ADOPTED THIS REGULATION:

Chapter I
General Provisions

Article 1
Definitions

For the purposes of this Regulation the
following definitions shall apply:

(1)
‘fluorinated greenhouse gases’ means the hydrofluorocarbons
("HFCs"), perfluorocarbons ("PFCs"), sulphur hexafluoride ("SF6")
and other greenhouse gases that contain fluorine, as listed in Annex I, whether
alone or in a mixture;

(2)
‘global warming potential’ ("GWP") means
the climatic warming potential of a greenhouse gas relative to that of carbon
dioxide ("CO2"), calculated in terms of the 100-year
warming potential of one kilogram of a gas relative to one kilogram of CO2,
as laid down in Annexes I, II and III;

(3)
‘tonne(s) CO2 equivalent’ means a
quantity of greenhouse gases, or of a mixture containing such gases, expressed
as the product of the weight of the greenhouse gases in metric tonnes and their
global warming potential;

(4)
‘operator’ means the natural or legal person
possessing the equipment and systems covered by this Regulation and exercising
actual power over the technical functioning of them;

(5)
‘use’ means the use of fluorinated greenhouse
gases in the production, maintenance or servicing, including the refilling, of
products and equipment, or in other processes;

(6)
‘placing on the market’ means supplying or
making available to another party in the Union for the first time, for payment
or free of charge, or using for its own account in the case of a producer, or importing
into the customs territory of the Union under a customs procedure that allows
use or operation of the imported goods in the Union;

(7)
‘hermetically sealed system’ means a system in
which all parts that contain fluorinated greenhouse gases have been
hermetically sealed during their manufacturing by welding them, brazing them or
otherwise making them tight by permanently connecting them and for which the
refrigerant circuit does not need to be opened for placing the system into
operation;

(8)
‘a non-refillable container’ means a container
designed exclusively to transport or store fluorinated greenhouse gases and
which cannot be refilled without being adapted for that purpose or is placed on
the market without provision having been made for its return for refilling;

(9)
‘recovery’ means the collection and storage of
fluorinated greenhouse gases from products, equipment or containers during
maintenance or servicing or prior to the disposal of the products, equipment or
containers;

(10)
‘recycling’ means the reuse of a recovered
fluorinated greenhouse gas following a basic cleaning process;

(11)
‘reclamation’ means the reprocessing of a
recovered fluorinated greenhouse gas in order to meet the equivalent
performance of a virgin substance, taking into account its intended use;

(12)
‘destruction’ means the process of permanently
transforming or decomposing all or most of a fluorinated greenhouse gas into
one or more stable substances that are not fluorinated greenhouse gases;

(13)
‘stationary’ means not in motion during
operation;

(14)
‘one-component foam’ means a foam composition
contained in a single aerosol container in unreacted or partly reacted liquid
state and that expands and hardens when it leaves the container;

(15)
‘refrigerated truck’ means a motor vehicle with a
maximum mass of more than 3.5 tonnes that is designed and constructed primarily
to carry goods and that is equipped with a refrigeration unit;

(16)
‘refrigerated trailer’ means a vehicle that is designed
and constructed to be towed by a truck or a tractor, primarily to carry goods and
that is equipped with a refrigeration unit;

Chapter II
Containment

Article 2
Prevention of emissions

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

2.           Operators of equipment that
contains fluorinated greenhouse gases shall take precautions to prevent their unintentional
release (hereinafter "leakage").

3.           Where a leakage of those
gases is detected, the operators shall ensure that the equipment is repaired
without undue delay.

Where a leak in the equipment has been
repaired, the operators shall ensure that the equipment is checked by certified
persons within one month after the repair to verify that the repair has been
effective.

4.           Persons and undertakings
carrying out the following tasks shall be certified in accordance with Article 8:

(a)
installing, servicing, maintaining, repairing or
decommissioning equipment referred to in Article 3(1);

(b)
servicing maintaining, repairing or
decommissioning mobile air conditioning equipment that contains fluorinated
greenhouse gases;

(c)
installing, servicing, maintaining, repairing or
decommissioning electrical switchgear that contains SF6;

(d)
delivering or receiving fluorinated greenhouse
gases for the tasks listed in points (a), (b) and (c).

When carrying out those tasks, persons and
undertakings referred to in the first subparagraph shall take precautionary
measures to prevent leakage of fluorinated greenhouse gases.

5.           Any person who assigns the
task of installing, servicing, maintaining, repairing or decommissioning electrical
switchgear that contains SF6 or equipment referred to in
Article 3(1) to another party shall ascertain that that other party holds the
necessary certificates pursuant to Article 8 for the required tasks.

Article 3
Checking for leakage

1.           Operators of equipment that
contains fluorinated greenhouse gases with a global warming potential
equivalent to 5 tonnes of CO2 not contained in foams shall ensure
that the equipment is checked for leakage. However, equipment with hermetically
sealed systems which are labelled as such, containing fluorinated greenhouse
gases with a global warming potential equivalent to less than 10 tonnes CO2,
shall not be subject to leak checks under this Article.

The checks shall be carried out by persons
certified in accordance with the rules provided for in Article 8.

This paragraph applies to operators of the
following equipment that contains fluorinated greenhouse gases:

(a)
stationary refrigeration equipment;

(b)
stationary air-conditioning equipment;

(c)
stationary heat pumps;

(d)
stationary fire protection systems;

(e)
refrigerated trucks and refrigerated trailers.

2.           The checks pursuant to
paragraph 1 shall be carried out with the following frequency:

(a)
equipment that contains fluorinated greenhouse
gases with a global warming potential equivalent to 5 tonnes of CO2
or more but to less than 50 tonnes of CO2, shall be checked for
leakage at least once every 12 months;

(b)
equipment that contains fluorinated greenhouse
gases with a global warming potential equivalent to 50 tonnes of CO2 or
more, but to less than 500 tonnes of CO2, shall be checked for
leakage at least once every six months;

(c)
equipment that contains fluorinated greenhouse
gases with a global warming potential equivalent to 500 tonnes of CO2
or more shall be checked for leakage at least once every three months.

3.           Where in respect of fire
protection systems as referred to in paragraph 1(d) there is an existing
inspection regime in place that meets ISO 14520 or EN 15004 standards, and the
fire protection system is inspected as often as required in accordance with
paragraph 2, those inspections shall be considered to fulfil the obligations of
paragraph 1.

4.           The Commission shall be
empowered to adopt delegated acts in accordance with Article 20 specifying
requirements for the leakage checks to be carried out in accordance with
paragraph 1 of this Article for each type of equipment referred to in that paragraph,
identifying those parts of the equipment most likely to leak, and amending the
list of equipment in paragraph 1 of this Article to include other types of
equipment in the light of market trends and technological progress.

Article 4
Leakage detection systems

1.           Operators of the equipment
referred to in Article 3(1) containing fluorinated greenhouse gases with a
global warming potential equivalent to 500 tonnes CO2 or more, shall
ensure that the equipment is provided with a leakage detection system which
alerts the operator of any leakage.

The leakage detection
systems shall be checked at least once every 12 months to ensure its proper
functioning.

2.           By way of derogation from
Article 3(2) point (b), where equipment containing fluorinated greenhouse gases
with a global warming potential equivalent to 50 tonnes CO2 or more,
but to less than 500 tonnes CO2, is provided with a leakage
detection system, the equipment shall be checked for leakage at least once every
12 months.

Article 5
Record keeping

1.           Operators of equipment that
contains fluorinated greenhouse gases not contained in foams, shall for each
piece of equipment establish and maintain records of the following information
identifying the equipment:

(a)
the quantity and type of fluorinated greenhouse
gases installed;

(b)
the quantities of fluorinated greenhouse gases added
and the reasons for adding them;

(c)
the quantity of fluorinated greenhouse gases recovered;

(d)
observed leakage rates;

(e)
an identification of the undertaking and the person
who installed, serviced, maintained and, where applicable, repaired or decommissioned
the equipment;

(f)
the dates and results of the checks carried out
under Article 3(1) and (3);

(g)
if the equipment was decommissioned, the
measures taken to recover and dispose of the fluorinated greenhouse gases.

This paragraph shall apply to operators of electrical
switchgear that contains SF6 and of the equipment referred to in
Article 3(2).

2.           Unless the records referred
to in paragraph 1 are registered in a database set up by the competent
authorities of the Member States, the operators referred to in paragraph 1 shall
keep the records until at least two years after decommissioning the equipment.

Unless the records referred to in paragraph 1
are registered in a database set up by the competent authorities of the Member
States, persons or undertakings carrying out the activities referred to in
paragraph 1(e) for operators shall keep copies of the records for at least five
years.

The records shall be made available on request
to the competent authority or to the Commission.

3.           The Commission may
determine the format of the records referred to in paragraph 1 and specify how
they should be established and maintained in an implementing act. That implementing
act shall be adopted in accordance with the examination procedure referred to
in Article 21.

Article 6
Emissions from production

Producers of fluorinated compounds shall
take all the precautions necessary to limit emissions of fluorinated greenhouse
gases, to the greatest extent possible, during production, transport and
storage.

Those producers shall ensure that any
trifluoromethane (HFC-23) produced as a by-product in significant quantities is
destroyed as part of the manufacturing process.

Article 7
Recovery

1.           Operators of equipment, including
mobile equipment, that contains fluorinated greenhouse gases not contained in
foams, shall put arrangements in place for their recovery of those gases by
persons and undertakings that hold the relevant certificates provided for by
Article 8, to ensure that those gases are recycled, reclaimed or destroyed.

That obligation applies to operators of any of the
following equipment:

(a)
the cooling circuits of refrigeration,
air-conditioning and heat pump equipment;

(b)
equipment that contains fluorinated greenhouse
gas-based solvents;

(c)
fire protection systems and fire extinguishers;

(d)
electrical switchgear.

2.           The Commission shall be
empowered to adopt delegated acts in accordance with Article 20 amending the
list of equipment in paragraph 1 to include other types of equipment in view of
their increasing relevance due to the commercial or technological development.

3.           Prior to disposal of a fluorinated
greenhouse gas container, the person who used the container for transport or storage
shall arrange for the recovery of any residual gases to make sure they are
recycled, reclaimed or destroyed.

4.           Users of products and
operators of equipment not listed in paragraph 1 that contain fluorinated
greenhouse gases shall arrange for the recovery of the gases, to the extent
that it is practicable, by appropriately qualified persons, to make sure they
are recycled, reclaimed or destroyed or for their destruction without prior
recovery.

Article 8
Training and certification

1.           Member States shall establish
training and certification programmes for the following persons:

(a)     persons who install, service, maintain,
repair or decommission of the equipment listed in the third subparagraph of
Article 3(1);

(b)     persons who install, service,
maintain, repair or decommission electrical switchgear that contains SF6;

(c)     persons who carry out the leak checks
provided for in Article 3(1);

(d)     persons who recover fluorinated
greenhouse gases as provided for in Article 7.

2.           The training programmes
provided for in paragraph 1 shall cover the following:

(a)     applicable regulations and technical standards;

(b)     emission prevention;

(c)     recovery of fluorinated greenhouse
gases;

(d)     safe handling of equipment of the type
and size covered by the certificate;

(e)     technologies to replace or to reduce
the use of fluorinated greenhouse gases and their safe handling.

3.           Certificates under the
certification programmes provided for in paragraph 1 shall be issued on
condition of the applicant having completed a training programme established in
accordance with paragraphs 1 and 2.

4.           Member States shall
establish certification programmes for undertakings carrying out the activities
mentioned in paragraph 1, points (a) to (d), for other parties.

5.           The certificates provided
for in paragraphs 1 and 3 shall be valid for a maximum of 5 years. Member
States may prolong the validity of the certificates provided for in paragraph 1
when the person concerned is undergoing a compulsory periodic training every
five years to update the knowledge on the subjects referred to in paragraph 2.

6.           Member States shall notify
the Commission of their training and certification programmes by 1 January
2015. They shall recognise certificates issued in another Member State. They
shall not restrict the freedom to provide services or the freedom of
establishment because a certificate was issued in another Member State.

7.           The Commission shall be
empowered to adopt delegated acts in accordance with Article 20 specifying
minimum requirements for the training and certification provided for in
paragraph 1 and specifying conditions for the mutual recognition of certificates.

8.           The Commission may, by
means of implementing acts, determine the format of the notification referred
to in paragraph 6. Those implementing acts shall be adopted in accordance with
the examination procedure referred to in Article 21.

Chapter III
Placing on the market and control of use

Article 9
Restrictions on the placing on the market

1.           The placing on the market of
specific products and equipment listed in Annex III shall be prohibited from
the date specified in that Annex, where applicable differentiating according to
the type or global warming potential of the fluorinated greenhouse gas
contained.

For the calculation of the global warming
potential of mixtures of fluorinated greenhouse gases contained in those
products and that equipment the method laid down in Annex IV shall be applied.

2.           The prohibition set out in
paragraph 1 shall not apply to equipment for which it has been established in
ecodesign requirements adopted under Directive 2009/125/EC[44] that due to higher energy
efficiency during its operation its lifecycle CO2 emissions would be
lower than that from equivalent equipment which meets relevant ecodesign
requirements and does not contain hydrofluorocarbons.

3.           The Commission shall be
empowered to adopt delegated acts in accordance with Article 20 amending the
list set out in Annex III to include other products and equipment that contain
fluorinated greenhouse gases with a global warming potential of 150 or more, or
that rely on them to work, if it has been established that alternatives to the
use of fluorinated greenhouse gases or to the use of specific types of
fluorinated greenhouse gases are available, and their use would result in lower
overall greenhouse gas emissions and to exclude, where appropriate for a
specified period of time, certain categories of products or equipment for which
alternative substances which fall below the specified global warming potential
limit are not available for technical, economic or safety reasons.

Article 10
Labelling and product information

1.           Products and equipment that
contain fluorinated greenhouse gases shall not be placed on the market unless they
are labelled.

This paragraph shall apply to the following
types of equipment:

(a)
refrigeration equipment;

(b)
air-conditioning equipment;

(c)
heat pumps;

(d)
fire protection systems;

(e)
electrical switchgear;

(f)
aerosol cans that contain fluorinated greenhouse
gases;

(g)
all fluorinated greenhouse gas containers.

2.           The label required in
accordance with paragraph 1 shall indicate the following:

(a)
Information that the product or equipment
contains fluorinated greenhouse gases;

(b)
The name of the fluorinated greenhouse gases
using the accepted industry designation or, if no such designation is
available, the chemical name;

(c)
As of 1 January 2017, the quantity of greenhouse
gases contained in the product or equipment, expressed in weight and in CO2
equivalent.

Where the fluorinated greenhouse gases are
contained in a hermetically sealed system, this shall be stated on the label.

3.           The label shall be clearly
readable and indelible and shall be placed adjacent to the service ports for
charging or recovering the fluorinated greenhouse gas, or on that part of the
product or equipment that contains the fluorinated greenhouse gas.

4.           Foams that contain
fluorinated greenhouse gases shall not be placed on the market unless the
fluorinated greenhouse gases are identified with a label using the accepted
industry designation or, if no such designation is available, the chemical name.
The label shall clearly indicate that the foam contains fluorinated greenhouse
gases.

In the case of foam boards, this information
shall be clearly and indelibly stated on the boards.

5.           The information referred
to in paragraphs 2 and 3 shall be included in instruction manuals for such
products and equipment. In the case of products and equipment that contain fluorinated
greenhouse gases with a global warming potential of 150 or more this
information shall also be included in descriptions used for advertising.

6.           The Commission may
determine, by means of implementing acts, the format of the labels referred to
in paragraphs 1 and 3. Those implementing acts shall be adopted in accordance
with the examination procedure referred to in Article 21.

7.           The Commission shall be
empowered to adopt delegated acts in accordance with Article 20 amending the labelling
requirements set out in paragraphs 1 and 3 and amending the list of
products and equipment in paragraph 1 to include other products and equipment where
appropriate in view of the commercial or technological development.

Article 11
Control of use

1.           The use of SF6
in magnesium die-casting and in the recycling of magnesium die‑casting
alloys shall be prohibited. As regards installations using a quantity of SF6
below 850 kg per year, this prohibition shall only apply from 1 January 2015.

2.           The use of SF6 to
fill vehicle tyres shall be prohibited.

3.           The use of fluorinated
greenhouse gases, or of mixtures that contain fluorinated greenhouse gases,
with a global warming potential of 2500 or more, to service or maintain
refrigeration equipment with a charge size equivalent to 5 tonnes of CO2
or more, shall be prohibited from 1 January 2020.

For the purpose of this provision, the global
warming potential of mixtures that contain fluorinated greenhouse gases shall
be calculated pursuant to Annex IV.

Article 12
Pre-charging of equipment

1.           From [dd/mm/yyyy] [insert
date 3 years after entry into force of this regulation], refrigeration,
air-conditioning and heat pump equipment shall not be charged with hydrofluorocarbons
before it is placed on the market or before it is made available to the
end-user for its first installation.

The equipment shall be charged where it is
intended to be used, by persons certified in accordance with Article 8.

2.           Paragraph 1 shall not
apply to hermetically sealed equipment or to equipment that contains a quantity
of hydrofluorocarbons corresponding to less than 2 % of the equipment’s foreseen
maximum capacity.

Chapter IV
Reduction of the placing on the market of hydrofluorocarbons

Article 13
Reduction of the placing on the market of hydrofluorocarbons

1.           The Commission shall
ensure that the quantity of hydrofluorocarbons that producers and importers are
entitled to place on the market in the Union each year does not exceed the
maximum quantity for the year in question calculated in accordance with Annex V.
Each producer and importer shall ensure that the quantity of hydrofluorocarbons
calculated in accordance with Annex V that it places on the market does not
exceed the quota allocated to it pursuant to Article 14(5) or transferred to it
pursuant to Article 16.

2.           This Article shall not
apply to hydrofluorocarbons imported into the Union to be destroyed.

It shall not apply to producers or importers of
less than 1 000 tonnes of CO2 equivalent of hydrofluorocarbons
per year.

3.           This Article and Articles
14, 16, 17 and 22 shall also apply to hydrofluorocarbons contained in polyol
blends.

4.           The Commission shall be
empowered to adopt delegated acts in accordance with Article 20

(a)
amending the maximum quantities set out in Annex
V in the light of developments of the market in hydrofluorocarbons and related
emissions; and

(b)
exempting the placing on the market for specific
uses from the quota requirement laid down in paragraph 1 where the use of hydrofluorocarbons
is necessary for health or safety reasons and a sufficient supply would
otherwise not be ensured.

Article 14
Allocation of quotas for placing hydrofluorocarbons on the market

1.           By 31 October 2014 the
Commission shall determine, by means of implementing decisions, for each producer
or importer having reported data under Article 6 of Regulation (EC) No 842/2006
a reference value based on the annual average of the quantities of hydrofluorocarbons
the producer or importer reported to have produced or imported from 2008 to
2011. For the purposes of determining the reference value, no account shall be
taken of quantities reported in excess of the quota. The reference values shall
be calculated in accordance with Annex V to this Regulation.

Those implementing acts shall be adopted in
accordance with the examination procedure referred to in Article 21.

2.           Producers and importers that
have not reported production or imports under Article 6 of Regulation (EC) No
842/2006 for the reference period referred to in paragraph 1 may declare their
intention to produce or import hydrofluorocarbons in the following year.

The declaration shall be addressed to the
Commission, specifying the types of hydrofluorocarbons and the quantities that
are expected to be placed on the market.

The Commission shall issue a notice of the time
limit for submitting those declarations. Before submitting a declaration
pursuant to paragraphs 2 and 3, undertakings shall register in the registry
provided for in Article 15.

3.           By 31 October 2017 and
every three years after that, the Commission shall recalculate the reference
values for the producers and importers referred to in paragraphs 1 and 2 on the
basis of the annual average of the quantities of hydrofluorocarbons produced or
imported after 1 January 2015 as reported under Article 17. It shall determine
those reference values by means of implementing acts.

Those implementing acts shall be adopted in
accordance with the examination procedure referred to in Article 21.

4.           Producers and importers for
which reference values have been determined may declare additional anticipated
quantities following the procedure set out in paragraph 2.

5.           The Commission shall
allocate quotas for placing hydrofluorocarbons on the market for each producer
and importer for each year beginning with the year 2015 applying the allocation
mechanism laid down in Annex VI.

6.           The Commission shall be
empowered to adopt delegated acts in accordance with Article 20 determining the
mechanism to recalculate the reference values pursuant to paragraph 3 and
amending or supplementing the mechanism for allocating quotas set out in Annex
VI.

Article 15
Quota registry

1.           An electronic registry for
quotas for placing hydrofluorocarbons on the market shall be established. The Commission
shall take measures to set up and to ensure the operation of that electronic
registry.

In the electronic registry shall be registered
on request

(a)
producers and importers to which a quota for the
placing on the market has been allocated in accordance with Article 14(5);

(b)
producers and importers to which a quota is
transferred in accordance with Article 16;

(c)
producers and importers declaring their
intention to submit a declaration pursuant to Article 14(2).

2.           The Commission shall
ensure that the producers and importers and the competent authorities of the
Member States are informed via that registry about the quota allocated and
about any changes to it during the allocation period.

Article 16
Transfer of quotas

Any producer or importer for whom a
reference value has been determined pursuant to Article 14(1) or (3) and who
has been allocated a quota in accordance with Article 14(5), may transfer that quota
for all or any quantities to another undertaking in the Union that is
registered in the registry referred to in Article 15(1). Any such transfer
shall be notified in advance to the Commission.

Chapter V

Reporting

Article 17
Reporting on production, import, export and destruction

1.           By 31 March 2014 and every
year after that, each producer, importer and exporter that produced, imported
or exported more than one metric tonne or 1 000 tonnes of CO2
equivalent of fluorinated greenhouse gases and gases listed in Annex II during
the preceding calendar year shall report to the Commission the data specified
in Annex VII on each of those substances for that calendar year.

2.           By 31 March 2014 and every
year after that, each undertaking that destroyed more than one metric tonne or
1 000 tonnes of CO2 equivalent of fluorinated greenhouse gases and
gases listed in Annex II during the preceding calendar year shall report to the
Commission the data specified in Annex VII on each of those substances for that
calendar year.

3.           By 31 March 2014 and every
year after that, each undertaking that placed more than 10 000 tonnes of CO2
equivalent of fluorinated greenhouse gases and gases listed in Annex II
contained in products or equipment on the market during the preceding calendar year
shall report to the Commission the data specified in Annex VII on each of those
substances for that calendar year.

4.           Each undertaking which, under
paragraph 1 and 3, is to report on the placing on the market of more than 10 000
tonnes of CO2 equivalent of hydrofluorocarbons during the preceding
calendar year shall, before the report is submitted, ensure that the accuracy of
the data is verified by an independent auditor, accredited pursuant to
Directive 2003/87/EC[45]
or accredited to verify financial statements in accordance with the legislation
of the Member State concerned.

The undertaking shall keep the verification
report for at least five years. The verification report shall be made available
to the competent authority and the Commission on request.

5.           The Commission shall be
empowered to adopt delegated acts in accordance with Article 20 amending the thresholds
for the obligations provided for in paragraphs 1, 2 and 3 where appropriate, in
view of the development of the market, to avoid that substantial quantities of
fluorinated greenhouse gases produced, imported or exported are not monitored
or to reduce administrative burdens in cases where the quantities reported are
insignificant.

6.           The Commission may
determine, by means of implementing acts, the format and means of submitting
the reports referred to in this Article.

Those implementing acts shall be adopted in
accordance with the examination procedure referred to in Article 21.

7.           The Commission shall take
appropriate measures to protect the confidentiality of the information
submitted to it in accordance with this Article.

Article 18
Collection of emissions data

1.           Member States shall
collect data on emissions of fluorinated greenhouse gases.

For that purpose they shall establish one of
the following systems, as appropriate:

(a)     a system whereby a database is kept at
national level for the collection of the data recorded in accordance with
Article 5(1);

(b)     a system whereby surveys on emissions
from a representative sample of operators covered by the provisions of Article
5(1) are carried out, and results are extrapolated from those surveys.

2.           The data collected in
accordance with paragraph 1 shall be made available to the Commission on
request. The Commission may disseminate those data to the other Member States.

3.           The Commission shall be
empowered to adopt delegated acts in accordance with Article 20 establishing
requirements for the data collection systems referred to in the second
subparagraph of paragraph 1 of this Article and laying down whether, for
specific sectors, a system shall be established in accordance with point (a) or
point (b) of the second subparagraph of paragraph 1 of this Article.

Chapter VI

final
provisions

Article 19
Review

1.           The Commission shall be
empowered to adopt delegated acts in accordance with Article 20 amending Annex
I to include, in the list, substances with a significant global warming
potential that are used as replacement for substances already listed in that Annex
and that are exported, imported, produced or put on the market in significant
quantities.

2.           The Commission shall be
empowered to adopt delegated acts in accordance with Article 20 updating Annexes
I, II and IV on the basis of new scientific findings, in particular on the
global warming potential of the listed substances.

3.           On the basis of
information on the placing on the market reported in accordance with Article 17
and on emissions of fluorinated greenhouse gases made available in accordance
with Article 18(2), the Commission shall monitor the application and effects of
this Regulation.

No later than 31 December 2020, the Commission
shall publish a report on the availability of hydrofluorocarbons on the Union
market, in particular for medical applications.

No later than 31 December 2024, it shall publish
a comprehensive report on the effects of this Regulation, including a forecast
of the continued demand for hydrofluorocarbons after 2030.

Article 20
Exercise of the delegation

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

2.           The power to adopt
delegated acts referred to in Articles 3(4), 7(2), 8(7), 9(3), 10(7), 13(5), 14(6),
17(5), 18(3) and 19(1) and (2) shall be conferred on the Commission for an
indeterminate period of time from [dd/mm/yyyy] [insert date of entry into
force of this regulation].

3.           The power to adopt
delegated acts referred to in Articles 3(4), 7(2), 8(7), 9(3), 10(7), 13(5),
14(6), 17(5), 18(3) and 19(1) and (2) may be revoked at any time by the
European Parliament or by the Council. A decision of revocation shall put an
end to the delegation of the power specified in that decision. It shall take
effect the day following the publication of the decision in the Official
Journal of the European Union or on a later date specified therein. It
shall not affect the validity of any delegated acts already in force.

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

5.           A delegated act adopted
pursuant to Articles 3(4), 7(2), 8(7), 9(3), 10(7), 13(5), 14(6), 17(5), 18(3)
and 19(1) and (2) shall enter into force only if no objection has been
expressed either by the European Parliament or the Council within a period of two
months of notification of that act to the European Parliament and the Council
or if, before the expiry of that period, the European Parliament and the
Council have both informed the Commission that they will not object. That
period shall be extended by two months at the initiative of the European
Parliament or of the Council.

Article 21
Committee procedure

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

2.           Where reference is made to
this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

Article 22
Penalties

1.           Member States shall lay
down the rules on penalties applicable to infringements of this Regulation and
shall take all measures necessary to ensure that they are implemented. The
penalties provided for must be effective, proportionate and dissuasive.

Member States shall notify those provisions to
the Commission by [dd/mm/yyyy] [date of entry into application] at the
latest and shall notify it without delay of any subsequent amendment affecting
them.

2.           In addition to the
penalties referred to in paragraph 1, undertakings that have exceeded their
quota for placing hydrofluorocarbons on the market, allocated in accordance
with Article 14(5) or transferred to them in accordance with Article 16, may
only be allocated a reduced quota allocation for the allocation period after
the excess has been detected.

The amount of reduction shall be calculated as
200 % of the amount by which the quota was exceeded. If the amount of the
reduction is higher than the amount to be allocated in accordance with Article 14(5)
as a quota for the allocation period after the excess has been detected, no
quota shall be allocated for that allocation period and the quota for the
following allocation periods shall be reduced likewise until the full amount has
been deducted.

Article 23
Repeal

Regulation (EC) No 842/2006 shall be
repealed.

References to the repealed Regulation shall
be construed as references to this Regulation and shall be read in accordance
with the correlation table in Annex VIII.

Article 24
Entry into force

This Regulation shall enter into force on
the 20th day following that of its publication in the Official Journal of
the European Union.

It shall apply from 1 January 2014.

This Regulation
shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels,

For the European Parliament                       For
the Council

The President                                                 The
President

ANNEX I

Fluorinated
greenhouse gases referred to in Article 1 point (1)

Substance || Global warming potential[46]

Industrial designation || Chemical name (Common name) || Chemical formula

Section 1:            Hydrofluorocarbons (HFCs)

HFC-23 || trifluoromethane (fluoroform) || CHF3 || 14800

HFC-32 || difluoromethane || CH2F2 || 675

HFC-41 || fluoromethane (methyl fluoride) || CH3F || 92

HFC-125 || pentafluoroethane || CHF2CF3 || 3 500

HFC-134 || 1,1,2,2-tetrafluoroethane || CHF2CHF2 || 1 100

HFC-134a || 1,1,1,2-tetrafluoroethane || CH2FCF3 || 1 430

HFC-143 || 1,1,2-trifluoroethane || CH2FCHF2 || 353

HFC-143a || 1,1,1-trifluoroethane || CH3CF3 || 4 470

HFC-152 || 1,2-difluoroethane || CH2FCH2F || 53

HFC-152a || 1,2-difluoroethane || CH3CHF2 || 124

HFC-161 || fluoroethane (ethyl fluoride) || CH3CH2F || 12

HFC-227ea || 1,1,1,2,3,3,3-heptafluoropropane || CF3CHFCF3 || 3 220

HFC-236cb || 1,1,1,2,2,3-hexafluoropropane || CH2FCF2CF3 || 1 340

HFC-236ea || 1,1,1,2,3,3-hexafluoropropane || CHF2CHFCF3 || 1 370

HFC-236fa || 1,1,1,3,3,3-hexafluoropropane || CF3CH2CF3 || 9 810

HFC-245ca || 1,1,2,2,3-pentafluoropropane || CH2FCF2CHF2 || 693

HFC-245fa || 1,1,1,3,3-pentafluoropropane || CHF2CH2CF3 || 1030

HFC-365 mfc || 1,1,1,3,3-pentafluorobutane || CF3CH2CF2CH3 || 794

HFC-43-10 mee || 1,1,1,2,2,3,4,5,5,5-decafluoropentane || CF3CHFCHFCF2CF3 || 1 640

Section 2:            Perfluorocarbons (PFCs)

PFC-14 || perfluoromethane (carbon tetrafluoride) || CF4 || 7 390

PFC-116 || hexafluoroethane (perfluoroethane) || C2F6 || 12 200

PFC-218 || octafluoropropane (perfluoropropane) || C3F8 || 8 830

PFC-3-1-10 (R-31-10) || decafluorobutane (perfluorobutane) || C4F10 || 8 860

PFC-4-1-12 (R-41-12) || dodecafluoropentane (perfluoropentane) || C5F12 || 9 160

PFC-5-1-14 (R-51-14) || tetradecafluorohexane (perfluorohexane) || C6F14 || 9 300

PFC-c-318 || octafluorocyclobutane              (perfluorocyclobutane) || c-C4F8 || 10 300

Section 3:            Other perfluorinated compounds

|| sulphur hexafluoride || SF6 || 22 800

ANNEX II

Other
fluorinated gases subject to reporting in accordance with Article 17

Substance || Global warming potential[47]

Common name / industrial designation || Chemical formula

Section 1:            Unsaturated hydrofluorocarbons

HFC-1234yf || CF3CF=CH2 || 4 Fn [48]

HFC-1234ze || trans — CHF=CHCF3 || 7 Fn 48

Section 2:            Fluorinated ethers

HFE-125 || CHF2OCF3 || 14 900

HFE-134 || CHF2OCHF2 || 6 320

HFE-143a || CH3OCF3 || 756

HCFE-235da2 || CHF2OCHClCF3 || 350

HFE-245cb2 || CH3OCF2CF3 || 708

HFE-245fa2 || CHF2OCH2CF3 || 659

HFE-254cb2 || CH3OCF2CHF2 || 359

HFE-347 mcc3 || CH3OCF2CF2CF3 || 575

HFE-347pcf2 || CHF2CF2OCH2CF3 || 580

HFE-356pcc3 || CH3OCF2CF2CHF2 || 110

HFE-449sl (HFE-7100) || C4F9OCH3 || 297

HFE-569sf2 (HFE-7200) || C4F9OC2:5 || 59

HFE-43-10pccc124 (H-Galden 1040x) || CHF2OCF2OC2F4OCHF2 || 1 870

HFE-236ca12 (HG-10) || CHF2OCF2OCHF2 || 2 800

HFE-338pcc13 (HG-01) || CHF2OCF2CF2OCHF2 || 1 500

|| (CF3)2CFOCH3 || 343

|| CF3CF2CH2OH || 42

|| (CF3)2CHOH || 195

HFE-227ea || CF3CHFOCF3 || 1 540

HFE-236ea2 || CHF2OCHFCF3 || 989

HFE-236fa || CF3CH2OCF3 || 487

HFE-245fa1 || CHF2CH2OCF3 || 286

HFE 263fb2 || CF3CH2OCH3 || 11

HFE-329 mcc2 || CHF2CF2OCF2CF3 || 919

HFE-338 mcf2 || CF3CH2OCF2CF3 || 552

HFE-347 mcf2 || CHF2CH2OCF2CF3 || 374

HFE-356 mec3 || CH3OCF2CHFCF3 || 101

HFE-356pcf2 || CHF2CH2OCF2CHF2 || 265

HFE-356pcf3 || CHF2OCH2CF2CHF2 || 502

HFE 365 mcf3 || CF3CF2CH2OCH3 || 11

HFE-374pc2 || CHF2CF2OCH2CH3 || 557

|| - (CF2)4CH (OH) - || 73

|| (CF3)2CHOCHF2 || 380

|| (CF3)2CHOCH3 || 27

Section 3:            Other perfluorinated compounds

PFPMIE || CF3OCF(CF3)CF2OCF2OCF3 || 10 300

nitrogen trifluoride || NF3 || 17 200

trifluoromethyl sulphur pentafluoride || SF5CF3 || 17 700

perfluorocyclopropane || c-C3F6 || 17 340 Fn [49]

ANNEX III

Placing
on the market prohibitions referred to in Article 9(1)

Products and equipment Where relevant, the global warming potential (GWP) of mixtures containing fluorinated greenhouse gases shall be calculated in accordance with Annex IV, as provided for in Article 9(1) subparagraph 2. || Date of prohibition

1.      Non-refillable containers for fluorinated greenhouse gases used to service, maintain or fill refrigeration, air-conditioning or heat‑pump equipment, fire protection systems or switchgear, or for use as solvents || 4 July 2007

2.      Non-confined direct evaporation systems that contain HFCs and PFCs as refrigerants || 4 July 2007

3.      Fire protection systems and fire extinguishers || that contain PFCs || 4 July 2007

that contain HFC-23 || 1 January 2015

4.      Windows for domestic use that contain fluorinated greenhouse gases || 4 July 2007

5.      Other windows that contain fluorinated greenhouse gases || 4 July 2008

6.      Footwear that contains fluorinated greenhouse gases || 4 July 2006

7.      Tyres that contain fluorinated greenhouse gases || 4 July 2007

8.      One-component foams, except when required to meet national safety standards, that contain fluorinated greenhouse gases with GWP of 150 or more || 4 July 2008

9.      Aerosol generators marketed and intended for sale to the general public for entertainment and decorative purposes, as listed in point 40 of Annex XVII to Regulation (EC) No 1907/2006[50], and signal horns that contain HFCs with GWP of 150 or more || 4 July 2009

10.    Domestic refrigerators and freezers that contain HFCs containing HFCs with GWP of 150 or more || 1 January 2015

11.    Refrigerators and freezers for the storage, display or distribution of products in retail and food service ("commercial use") - hermetically sealed systems || that contain HFCs with GWP of 2500 or more || 1 January 2017

that contain HFCs with GWP of 150 or more || 1 January 2020

12.    Movable room air-conditioning appliances (hermetically sealed equipment which is movable between rooms by the end user) that contain HFCs with GWP of 150 or more || 1 January 2020

ANNEX IV

Method
of calculating the total global warming potential of a mixture referred to in
Articles 9(1) and 11(3)

The total global warming potential (GWP) of
a mixture that contains fluorinated greenhouse gases is calculated as a
weighted average, derived from the sum of the weight fractions of the individual
substances multiplied by their GWP, unless otherwise specified, including
substances that are not fluorinated greenhouse gases.

Σ (Substance X
% x GWP) + (Substance Y % x GWP) + ... (Substance N % x
GWP),

where % is the contribution by weight with
a weight tolerance of +/- 1 %.

For example: applying the formula to a
blend of gases consisting of 60 % dimethyl ether, 10 % HFC-152a and 30 %
isobutane:

Σ (60 % x 1) + (10 % x 125)
- (30 % x 4)

→ Total GWP = 14.3

The GWP of the following non-fluorinated
substances are used to calculate the GWP of mixtures. For other substances not
listed in this annex a default value of 0 applies.

Substance || Global warming potential[51]

Common name || Industrial designation || Chemical Formula

Methane || || CH4 || 25

Nitrous oxide || || N2O || 298

Dimethyl ether || || CH3OCH3 || 1

Methylene chloride || || CH2Cl2 || 9

Methyl chloride || || CH3Cl || 13

Chloroform || || CHCl3 || 31

Ethane || R-170 || CH3CH3 || 6

Propane || R-290 || CH3CH2CH3 || 3

Butane || R-600 || CH3CH2CH2CH3 || 4

Isobutane || R-600a || CH(CH3)2CH3 || 3

Pentane || R-601 || CH3CH2CH2CH2CH3 || 20

Isopentane || R-601a || (CH3)2CHCH2CH3 || 4

Ethoxyethane (Diethyl ether) || R-610 || CH3CH2OCH2CH3 || 4

Methyl formate || R-611 || HCOOCH3 || 25

Hydrogen || R-702 || H2 || 6

Ammonia || R-717 || NH3 || 0

Ethylene || R-1150 || C2H5 || 4

Propylene || R-1270 || C3H6 || 2

ANNEX V

Calculation
of the maximum quantity, reference values and quotas for placing
hydrofluorocarbons on the market

The maximum quantity referred to in Article
13(1) shall be calculated by applying the following percentages to the annual
average of the total quantity produced and imported into the Union during the
period from 2008 to 2011:

Years ||

2015 || 100 %

2016–17 || 93 %

2018–20 || 63 %

2021–23 || 45 %

2024–26 || 31 %

2027–29 || 24 %

2030 || 21 %

The maximum quantity,
reference values and quotas for placing hydrofluorocarbons on the market
referred to in Articles 13 and 14 shall be calculated as the aggregated
quantities of all types of hydrofluorocarbons, expressed in tonne(s) of CO2
equivalent.

The calculation of reference values and
quotas for placing hydrofluorocarbons on the market referred to in Articles 13
and 14 shall be based on the quantities of hydrofluorocarbons producers and
importers have placed on the market in the Union during an allocation period.

Quantities transferred to an undertaking to
be exported in the same allocation period, are not taken into account for
calculating a quota or assessing compliance with Article 13(2), provided the
export takes place during the same period and the exporter reports it in
accordance with Article 17(1). The transaction must be verified in accordance
with Article 17(4) regardless of the quantities involved.

ANNEX VI

Allocation
mechanism referred to in Article 14

1.           Determination of the
quantity to be allocated to undertakings for which a reference value has been
established under Article 14(1) and (3)

Each undertaking for which a reference
value has been established receives a quota corresponding to 95 % of the
reference value multiplied by the percentage indicated in Annex V for the
respective year.

2.           Determination of the
quantity to be allocated to undertakings that have submitted a declaration under
Article 14(2)

The sum of the quotas allocated under point
1 is subtracted from the maximum quantity for the given year set out in Annex V
to determine the quantity to be allocated to undertakings for which no
reference value has been established and which have submitted a declaration under
Article 14(3) (quantity to be allocated in step 1 of the calculation).

2.1.        Step 1 of the
calculation

Each undertaking receives an allocation
corresponding to the quantity requested in its declaration, but no more than a
pro-rata share of the quantity to be allocated in step 1.

The pro-rata share is calculated by
dividing 100 by the number of undertakings that have submitted a declaration.
The sum of the quotas allocated in step 1 is subtracted from the quantity to be
allocated in step 1 to determine the quantity to be allocated in step 2.

2.2.        Step 2 of the
calculation

Each undertaking that has not obtained 100 %
of the quantity requested in its declaration in step 1 receives an additional
allocation corresponding to the difference between the quantity requested and
the quantity obtained in step 1. However, this must not exceed the pro-rata
share of the quantity to be allocated in step 2.

The pro-rata share is calculated by
dividing 100 by the number of undertakings eligible for an allocation in step 2.
The sum of the quotas allocated in step 2 is subtracted from the quantity to be
allocated in step 2 to determine the quantity to be allocated in step 3.

2.3.        Step 3 of the
calculation

Step 2 is repeated until the remaining
quantity to be allocated in the next phase is less than 1 000 tonnes of CO2
equivalent.

3.           Determination of the
quantity to be allocated to undertakings that have submitted a declaration under
Article 13(4)

The sum of
the quotas allocated under points 1 and 2 is subtracted from the maximum
quantity for the given year set out in Annex V to determine the quantity to be
allocated to undertakings for which a reference value has been established and that
have submitted a declaration under Article 14(4).

The allocation mechanism set out under
points 2.1 and 2.2 applies.

ANNEX VII

Data
to be reported pursuant to Article 17

1.           Each producer referred to
in Article 17(1) shall report on:

(a)
the total production of each substance in the
Union, identifying the main categories of application in which the substance is
used;

(b)
the quantities of each substance it has placed
on the market in the Union;

(c)
the quantities of each substance that have been recycled,
reclaimed and destroyed, respectively;

(d)
any stocks held at the beginning and the end of
the reporting period.

2.           Each importer referred to
in Article 17(1) shall report on:

(a)
the quantity of each substance it has imported
into the Union, identifying the main categories of application in which the
substance is used;

(b)
the quantities of each substance that have been recycled,
reclaimed and destroyed, respectively.

3.           Each exporter referred to
in Article 17(1) shall report on:

(a)
the quantities of each substance that it has
exported from the EU other than to be recycled, reclaimed or destroyed;

(b)
any quantities of each substance that it has
exported to be recycled, to be reclaimed and to be destroyed, respectively.

4.           Each undertaking referred
to in Article 17(2) shall report on:

(a)
the quantities of each substance destroyed,
including quantities contained in products or equipment;

(b)
any stocks of each substance waiting to be destroyed,
including quantities contained in products or equipment;

(c)
the technology used for the destruction.

5.           Each undertaking referred
to in Article 17(3) shall report on:

(a)
the categories of the products or equipment;

(b)
the number of units;

(c)
any quantities of each substance contained in
the products or equipment.

ANNEX VIII

Correlation
table

Regulation (EC) No 842/2006 || This Regulation

Article 1 || -

Article 2 || Article 1

Article 3(1) || Article 2(2)

Article 3(2), first subparagraph || Article 3(1)

Article 3(2), second subparagraph || Article 2(3), second subparagraph

Article 3(2), third subparagraph || Article 3(1), first subparagraph

Article 3(3) || Article 3(3)

Article 3(4) || Article 3(4)

Article 3(5) || Article 3(5)

Article 3(6) || Article 4(1)

Article 3(7) || Article 3(6)

Article 4(1) || Article 6(1)

Article 4(2) || Article 6(3)

Article 4(3) || Article 6(4)

Article 4(4) || Article 6(5)

Article 5(1) || Article 8(7)

Article 5(2), first sentence || Article 8(1) and (4)

Article 5(2), second sentence || Article 8(6), first sentence

Article 5(2), third sentence || Article 8(6), second sentence

Article 5(3) || Article 2(5)

Article 5(4) || Article 2(4) point (d)

Article 5(5) || Article 8(8)

Article 6(1), first subparagraph || Article 17(1), first subparagraph

Article 6(1) || Article 17(1) and Annex VII

Article 6(2) || Article 17(5)

Article 6(3) || Article 17(6)

Article 6(4) || Article 18(1)

Article 7(1)           first subparagraph, first              sentence || Article 10(1)

Article 7(1)  second subparagraph,     second and third sentence || Article 10(2) and (3)

Article 7(2) || Article 10(1), first subparagraph

Article 7(3), first sentence || Article 10(6)

Article 7(3), second sentence || Article 10(7)

Article 8(1) || Article 11(1)

Article 8(2) || Article 11(2)

Article 9(1) || Article 9(1)

Article 9(2) || -

Article 9(3) || -

Article 10 || 19(3)

Article 11 || -

Article 12 || Article 21

Article 13(1) || Article 22(2), first subparagraph

Article 13(2) || Article 22(2), second subparagraph

Article 14 || -

Article 15 || Article 24

Annex I — Part 1 || Annex I

Annex I — Part 2 || Annex IV

Annex II || Annex III

[1]               Intergovernmental Panel on Climate Change (IPCC), ‘Contribution
of Working Group III to the Fourth Assessment Report of the Intergovernmental
Panel on Climate Change, 2007’. www.ipcc.ch/publications_and_data/ar4/wg3/en/contents.html.

[2]               'A roadmap for moving to a competitive low carbon
economy in 2050', COM (2011)112.

eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:52011DC0112:EN:NOT

[3]               Report from the Commission on the application,
effects and adequacy of the Regulation on certain fluorinated greenhouse gases
(Regulation (EC) No 842 /2006), COM(2011) 581 final.

[4]               Regulation (EC) No 842/2006 of the European
Parliament and of the Council of 17 May 2006 on certain fluorinated greenhouse
gases, OJ L 161, 14.6.2006, p. 1.

[5]               Schwarz et al., 2011,‘Preparatory study for a review
of Regulation (EC) No 842/2006 on certain fluorinated greenhouse gases’,
Öko-Recherche et al.

[6]               For perspective, the cost-efficient, yearly F-Gas
emission reductions possible by 2030 correspond roughly to what the industries
covered by the EU's Emission Trading System (ETS) must currently reduce over
two years.

[7]               "How to bring natural refrigerants faster to
market", Summary report of ATMOsphere 2010, International workshop on
natural refrigerants.

[8]               Council Conclusions of 10 October 2011 on
Preparations for the 17th session of the Conference of the Parties (COP 17) to
the United Nations Framework Convention on Climate Change (UNFCCC) and 7th
session of the Meeting of the Parties to the Kyoto Protocol in Durban.

[9]               http://www.uncsd2012.org/thefuturewewant.html.

[10]             http://www.unep.org/CCAC/.

[11]             European Parliament Resolution of 14 September 2011, ‘A
comprehensive approach to non-CO2 climate-relevant anthropogenic emissions’,
P7_TA-PROV(2011)0384 and European Parliament Resolution of 15 March 2012, ‘Competitive
low carbon economy in 2050 — EP resolution on a roadmap for moving to a
competitive low carbon economy in 2050’, P7_TA-PROV(2012)0086.

[12]             Commission Regulation (EC) No 1493/2007 of
17 December 2007, OJ L 332, 18.12.2007, p. 7.

[13]             Commission Regulation (EC) No 1494/2007 of 17 December
2007, OJ L 332, 18.12.2007, p. 25.

[14]             Commission Regulation (EC) No 1516/2007 of 19 December
2007, OJ L 335, 20.12.2007, p. 10.

[15]             Commission Regulation (EC) No 1497/2007 of 18 December
2007, OJ L 333, 19.12.2007, p. 4.

[16]             Commission Regulation (EC) No 303/2008 of 2 April
2008, OJ L 92, 3.4.2008, p. 3.

[17]             Commission Regulation (EC) No 304/2008 of 2 April
2008, OJ L 92, 3.4.2008, p. 12.

[18]             Commission Regulation (EC) No 305/2008 of 2 April
2008, OJ L 92, 3.4.2008, p. 17.

[19]             Commission Regulation (EC) No 306/2008 of 2 April
2008, OJ L 92, 3.4.2008, p. 21.

[20]             Commission Regulation (EC) No 307/2008 of 2 April
2008, OJ L 92, 3.4.2008, p. 25.

[21]             Commission Regulation (EC) No 308/2008 of 2 April
2008, OJ L 92, 3.4.2008, p. 28.

[22]             http://ec.europa.eu/europe2020/priorities/sustainable-growth/index_en.htm.

[23]             http://ec.europa.eu/enterprise/policies/sme/small-business-act/index_en.htm.

[24]             http://ec.europa.eu/enterprise/policies/sustainable-business/ecodesign/index_en.htm.

[25]             http://ec.europa.eu/energy/efficiency/index_en.htm.

[26]             SKM Enviros, 2012, ‘Further Assessment of Policy Options
for the Management and Destruction of Banks of ODS and F-Gases in the EU.’ http://ec.europa.eu/clima/policies/ozone/research/docs/ods_f-gas_destruction_report_2012_en.pdf.

[27]             Becken et al., 2010. ‘Avoiding Fluorinated Greenhouse
Gases — Prospects for Phasing Out’, Umweltbundesamt, Dessau, Germany. http://www.umweltbundesamt.de/uba-info-medien-e/3977.html.

[28]             UNEP Technology and Economic Assessment Panel (TEAP),
Nairobi, 2009. ‘Assessment of Alternatives to HCFCs and HFCs and Update of the
TEAP 2005 Supplement Report Data’, Montreal Protocol, Report of the UNEP Technology
and Economic Assessment Panel.

http://ozone.unep.org/teap/Reports/TEAP_Reports/teap-may-2009-decisionXX-8-task-force-report.pdf.

[29]             Clodic et al., 2011, ‘1990 to 2010 Refrigerant Inventories
for Europe — Previsions on banks and emissions from 2006 to 2030 for the
European Union’, Armines/ERIE.

http://www.epeeglobal.org/refrigerants/F-Gas-review/.

[30]             Letter of the European Network of the Heads of
Environmental Protection Agencies to Commissioners Potočnik, Hedegaard,
Tajani and Oettinger, 15 May 2012.

[31]             It is estimated that in 2030, almost 20 % of the
quantities of hydrofluorocarbons placed on the market will be inside imported
equipment. If imported equipment did not have to face the same supply restrictions
on F-Gases as equipment produced in the EU, it is likely that the share of
imported equipment and hence the uncontrolled supply of F-Gases would be even
higher.

[32]             Filling HFC equipment during on-site installation would
also allay the concerns of the service industry (mainly SMEs) that at present,
new equipment is often not installed correctly, without the use of certified
experts as required by the F-Gas Regulation. This leads to additional
emissions. AREA, 2010, ‘Position paper: Review of Regulation (EC) No 842/2006
on certain fluorinated greenhouse gases — pre-charged non-monobloc air-conditioning
equipment.’ www.area-eur.be.

[33]             A Roadmap for moving to a competitive low carbon
economy in 2050, COM(2011) 112 final.

[34]             OJ C , , p. .

[35]             OJ C , , p. .

[36]             Council Decision of 15 December 1993 concerning the
conclusion of the United Nations Framework Convention on Climate Change, OJ L
33, 7.2.1994, p. 11.

[37]             Intergovernmental Panel on Climate Change (IPCC), ‘Contribution
of Working Group III to the Fourth Assessment Report of the Intergovernmental
Panel on Climate Change, 2007’, Mitigation of Climate Change, Chapter 13.3.3.

[38]             A Roadmap for moving to a competitive low carbon
economy in 2050, COM(2011) 112 final.

[39]             Report from the Commission on the application,
effects and adequacy of the Regulation on certain fluorinated greenhouse gases
(Regulation (EC) No 842/2006), COM(2011) 581 final.

[40]             Regulation (EC) No 842/2006 of the European Parliament
and of the Council of 17 May 2006 on certain fluorinated greenhouse gases, OJ L
161, 14.6.2006, p. 1.

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

[42]             OJ L 286, 31.10.2009, p. 1.

[43]             OJ L 55, 28.2.2011, p. 13.

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

[45]             Directive 2003/87/EC of the European Parliament and of
the Council of 13 October 2003 establishing a scheme for greenhouse gas
emission allowance trading within the Community, OJ L 275, 25.10.2003, p. 32.

[46]             Based on the Fourth Assessment Report adopted by the
Intergovernmental Panel on Climate Change, unless otherwise indicated.

[47]             Based on the Fourth Assessment Report adopted by the
Intergovernmental Panel on Climate Change, unless otherwise indicated.

[48]             GWP according to the Report of the 2010 Assessment of
the Montreal Protocol Scientific Assessment Panel (SAP), Tables 1‑11,
citing two peer-reviewed scientific references.

http://ozone.unep.org/Assessment_Panels/SAP/Scientific_Assessment_2010/index.shtml.

[49]             Minimum value according to UNFCCC Forward Action Request.

[50]             Regulation (EC) No 1907/2006 of the European Parliament
and of the Council of 18 December 2006 concerning the Registration, Evaluation,
Authorisation and Restriction of Chemicals (REACH), OJ L 396, 30.12.2006, p. 1.

[51]             Based on the Fourth Assessment Report adopted by the
Intergovernmental Panel on Climate Change, unless otherwise indicated.