EN Official Journal of the European Union L 194/4

COMMISSION IMPLEMENTING REGULATION (EU) 2017/1375

of 25 July 2017

amending Implementing Regulation (EU) No 1191/2014 determining the format and means for submitting the report referred to in Article 19 of Regulation (EU) No 517/2014 of the European Parliament and of the Council on fluorinated greenhouse gases

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 and repealing Regulation (EC) No 842/2006 (1), and in particular Article 19(7) thereof,

Whereas:

(1) Commission Implementing Regulation (EU) No 1191/2014 (2) specifies the way information is reported pursuant to Article 19 of Regulation (EU) No 517/2014, in relation to the use of certain fluorinated greenhouse gases as feedstock or where products or equipment which contain those gases are placed on the market by producers, importers and exporters of those gases and by undertakings that destroy those gases.

(2) To enable the effective monitoring of compliance with the reporting obligations in Article 19 of Regulation (EU) No 517/2014, undertakings should be required, to register their use of the electronic reporting tool referred to in Article 1 of Implementing Regulation (EU) No 1191/2014 prior to carrying out relevant activities. This would enable Member State competent authorities to verify at the time of import, export or other relevant activity whether an undertaking would be subject to compliance verification based on its report under Article 19 of Regulation (EU) No 517/2014.

(3) The Annex to Implementing Regulation (EU) No 1191/2014 should be amended as regards the structure of the information required on certain characteristics of hydrofluorocarbons (HFC) in order to align it with the reporting format used by the parties to the Montreal Protocol on substances that deplete the ozone layer to the Vienna Convention for the Protection of the Ozone Layer (3) (Montreal Protocol). This would enable the Union to comply with its reporting obligations under Montreal Protocol. For the same reason, information on the destination of exports and the origin of imports should be also required to be reported as of 2020, which would provide sufficient time to adapt the electronic reporting tool.

(4) Additional differentiations and comments should added in Section 2 to reflect the reporting practice developed during the first two reporting cycles and the description in Section 12 should be clarified to avoid misinterpretations by reporting undertakings that occurred.

(5) Commission Implementing Regulation (EU) 2016/879 (4) established the electronic registry in relation to quotas for placing hydrofluorocarbons on the market in which all relevant data relating to authorisations referred to in Article 18(2) of Regulation (EU) No 517/2014 are recorded. The corresponding reporting format set out in Section 13 of the Annex to Implementing Regulation (EU) No 1191/2014 is therefore obsolete and should be deleted.

(6) The measures provided for in this Regulation are in accordance with the opinion of the Committee established by Article 24(1) of Regulation (EU) No 517/2014,

HAS ADOPTED THIS REGULATION:

Article 1

Implementing Regulation (EU) No 1191/2014 is amended as follows:

(1) Article 1 is replaced by the following: ‘Article 1 1. The reports required in accordance with Article 19 of Regulation (EU) No 517/2014 shall be submitted electronically using the reporting tool based on the format set out in the Annex to this Regulation which is made available on the website of the Commission for that purpose. 2. Prior to carrying out the activities to be reported under Article 19 of Regulation (EU) No 517/2014, any undertaking shall register on the website of the Commission for using the electronic reporting tool.’;

(2) the Annex is amended in accordance with the Annex to this Regulation.

Article 2

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

This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 25 July 2017. For the Commission The President Jean-Claude JUNCKER

(1) OJ L 150, 20.5.2014, p. 195.

(2) Commission Implementing Regulation (EU) No 1191/2014 of 30 October 2014 determining the format and means for submitting the report referred to in Article 19 of Regulation (EU) No 517/2014 of the European Parliament and of the Council on fluorinated greenhouse gases (OJ L 318, 5.11.2014, p. 5).

(3) Council Decision 88/540/EEC of 14 October 1988 concerning the conclusion of the Vienna Convention for the protection of the ozone layer and the Montreal Protocol on substances that deplete the ozone layer (OJ L 297, 31.10.1988, p. 8).

(4) Commission Implementing Regulation (EU) 2016/879 of 2 June 2016 establishing, pursuant to Regulation (EU) No 517/2014 of the European Parliament and of the Council, detailed arrangements relating to the declaration of conformity when placing refrigeration, air conditioning and heat pump equipment charged with hydrofluorocarbons on the market and its verification by an independent auditor (OJ L 146, 3.6.2016, p. 1).