# Commission Implementing Decision of 31 October 2014 determining, pursuant to Regulation (EU) No 517/2014 of the European Parliament            and of the Council on fluorinated greenhouse gases, reference values for the period 1 January 2015 to 31 December 2017 for            each producer or importer who has reported placing on the market hydrofluorocarbons under Regulation (EC) No 842/2006 of the            European Parliament and of the Council (notified under document C(2014) 7920) (Only the Bulgarian, Czech, Croatian, Dutch,            English, Estonian, French, German, Greek, Hungarian, Italian, Latvian, Maltese, Polish, Portuguese, Romanian, Slovakian, Slovenian,            and Spanish texts are authentic) (2014/774/EU)         

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U.K.

# Commission Implementing Decision

# of 31 October 2014

# determining, pursuant to Regulation (EU) No 517/2014 of the European Parliament and of the Council on fluorinated greenhouse                        gases, reference values for the period 1 January 2015 to 31 December 2017 for each producer or importer who has reported placing                        on the market hydrofluorocarbons under Regulation (EC) No 842/2006 of the European Parliament and of the Council                     

# *(notified under document C(2014) 7920)*

# (Only the Bulgarian, Czech, Croatian, Dutch, English, Estonian, French, German, Greek, Hungarian, Italian, Latvian, Maltese,                        Polish, Portuguese, Romanian, Slovakian, Slovenian, and Spanish texts are authentic)                     

# (2014/774/EU)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) No 517/2014 of the European Parliament and of the Council of 16 April 2014 on fluorinated                           greenhouse gases(1), and in particular Article 16(1) thereof,                        

Whereas:

(1)In accordance with Regulation (EU) No 517/2014, the placing on the Union market of at least 100 tonnes of CO2 equivalent of hydrofluorocarbons by producers or importers is subject to quantitative limits in order to ensure their gradual                              reduction.

(2)The Commission is required to determine those quantitative limits and allocate quotas to each producer or importer.

(3)For the period 2015 to 2017, the quota allocation for producers and importers who reported data under Article 6 of Regulation                              (EC) No 842/2006 of the European Parliament and of the Council(2) should be determined on the basis of individual reference values.

(4)The reference values are calculated on the basis of the annual average of the quantities of hydrofluorocarbons the producers                              or importers have reported to have placed on the market from 2009 to 2012, while excluding quantities of hydrofluorocarbons                              for the usage referred to in Article 15(2) of Regulation (EU) No 517/2014 during the same period, on the basis of available                              data.

(5)The determination of the reference value is limited by the constraints of the reported data under Article 6 of Regulation                              (EC) No 842/2006.

(6)The calculation of reference values on the basis of reported data resulted in negative quantities for some undertakings. These                              undertakings are therefore considered to not having reported placing hydrofluorocarbons on the market from 2009 to 2012. They                              may obtain a quota in accordance with Article 16(2) of Regulation (EU) No 517/2014.

(7)The reference values for producers and importers should be recalculated every three years as from 2017 in order to ensure                              that undertakings are allowed to continue their activities on the basis of the average volumes they placed on the market in                              immediately preceding years. This Decision should therefore expire on 31 December 2017.

(8)The measures provided for in this Decision are in accordance with the opinion of the Committee established by Article 24 of                              Regulation (EU) No 517/2014,

HAS ADOPTED THIS DECISION:

## Article 1U.K.Determination of reference values

For the purpose of the quota allocation, the reference values for each importer and producer shall be those set out in the                     Annex to this Decision, calculated on the basis of data reported in compliance with Regulation (EC) No 842/2006 by subtracting                     from the annual average of the quantities of the hydrofluorocarbons (bulk gases) placed on the Union market for the period                     of 2009 to 2012 the total quantities of hydrofluorocarbons (bulk gases) covered by the exemptions set out in Article 15(2)                     points (a) to (e) of Regulation (EU) No 517/2014 for that period of time, where data is available.                  

The annual average of bulk gases placed on the Union market referred to in this Article has been calculated by subtracting                     from the total annual quantities of hydrofluorocarbons (bulk gases) produced and imported in the Union market the total quantities                     of hydrofluorocarbons (bulk gases) exported from the Union market, taking into account the year-end balance of gases in stock.                  

## Article 2U.K.Period of validity

The Decision shall apply from 1 January 2015 and shall expire on 31 December 2017.

## Article 3U.K.Addressees

This Decision is addressed to the following undertaking:

Done at Brussels, 31 October 2014.

*For the Commission*                            

Connie Hedegaard                            

*Member of the Commission*                            

## ANNEXU.K.

Reference values(3) for the period 1 January 2015 to 31 December 2017 for each producer and importer who reported to have placed on the market                     hydrofluorocarbons from 2009 to 2012                  

The reference value (RV) is calculated according to the following formula:

RV = average [2009-2012] (POM – EX)

The (POM – EX) is determined annually and then averaged over the 4-year period

where:
          -  POM, is bulk gases placed on the market. POM = Ρ + I – E + Δs, where: P: production, I: imports, E: direct exports, Δs: difference                           in year-end stocks, i.e. stocks on 1 January 20xx – stocks on 31 December 20xx,                         
          -  EX, is bulk gases covered by exemptions according to Article 15(2) points (a) to (e) of the Regulation based on available                           data.                         

1

OJ L 150, 20.5.2014, p. 195.                           

2

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).                           

3

Commercially sensitive — in confidence — not to be published.