EN Official Journal of the European Union C 21/5

Notice to undertakings intending to place hydrofluorocarbons in bulk on the market in the European Union in 2019

(2018/C 21/04)

1. This Notice is addressed to any undertaking wishing to make a declaration to place hydrofluorocarbons in bulk on the market in the Union in 2019, in accordance with Articles 16(2) and 16(4) of Regulation (EU) No 517/2014 of the European Parliament and of the Council on fluorinated greenhouse gases (1) (hereafter ‘the Regulation’): (a) producers and importers for which a reference value has been determined for the period 1 January 2018 to 31 December 2020 by Commission Implementing Decision (EU) 2017/1984 (2); (b) all other producers and importers that intend to place at least 100 tonnes of CO2 equivalent of hydrofluorocarbons in bulk on the Union market in 2019.

2. Hydrofluorocarbons means substances listed in Section 1 of Annex I to the Regulation, or mixtures containing any of these substances: HFC-23, HFC-32, HFC-41, HFC-125, HFC-134, HFC-134a, HFC-143, HFC-143a, HFC-152, HFC-152a, HFC-161, HFC-227ea, HFC-236cb, HFC-236ea, HFC-236fa, HFC-245ca, HFC-245fa, HFC-365mfc, HFC-43-10mee.

3. Any placing on the market of these substances, except for the uses listed in Article 15(2) points (a) to (f) of the Regulation or a total annual quantity of these substances of less than 100 tonnes of CO2 equivalent per year, is subject to quantitative limits under the quota system laid down in Articles 15 and 16 as well as Annexes V and VI of the Regulation. The Commission allocates quota to the undertakings concerned.

4. All data submitted by companies, quotas and reference values are stored in the electronic HFC Registry set up in accordance with Article 17 of the Regulation, which is accessible online via the F-Gas Portal (3). All data in the HFC Registry including quotas, reference values, commercial and personal data will be treated as confidential by the European Commission.

For producers and importers for which a reference value has been determined as referred to in point 1(a) of this Notice, only:

5. Such undertakings will receive 89 % of 63 % (i.e. 56,07 %) of their reference value as quota for 2019, according to Article 16(5) as well as Annexes V and VI to the Regulation.

For all undertakings, as referred to in point 1(a) and (b) of this notice:

6. According to Annex VI to the Regulation, the sum of the quotas allocated on the basis of reference values according to paragraph 5 above is subtracted from the maximum quantity available for 2019 to determine the quantity to be allocated from the reserve (4).

7. Undertakings wishing to obtain quota from this reserve need to follow the procedure described in points 8 to 10 of this Notice.

8. The undertaking needs to be registered as a producer and/or importer of hydrofluorocarbons in the online HFC Registry, accessible via the F-Gas Portal (5). For companies that are not yet registered, guidance on how to register is available on the DG CLIMA website (6).

9. The undertaking must make a declaration on (additional) anticipated quantities for 2019 in the electronic HFC Registry accessible online via the F-Gas Portal (7). Such declarations will only be possible in the period 2 April to 31 May 2018, 13 00 CET.

10. Only duly completed declarations on (additional) anticipated quantities that are free of errors and received before 31 May 2018, 13.00h will be considered as valid by the Commission.

11. Based on these declarations, the Commission will allocate quota to these undertakings in accordance with Article 16(2), 16(4) and 16(5) as well as Annexes V and VI to the Regulation.

12. The Commission will inform the undertakings about the total allocated quota for 2019 via the HFC Registry.

13. The registration in the HFC Registry and/or a declaration on intention to place hydrofluorocarbons on the market in 2019 by itself does not give any right to place hydrofluorocarbons on the market in 2019.

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

(2) Commission Implementing Decision (EU) 2017/1984 of 24 October 2017 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 2018 to 31 December 2020 for each producer or importer which has lawfully placed on the market hydrofluorocarbons from 1 January 2015 as reported under that Regulation (OJ L 287, 4.11.2017, p. 4). Decision (EU) 2017/1984 may be revised in view of a withdrawal of the United Kingdom from the European Union.

(3) https://webgate.ec.europa.eu/ods2/resources/domain

(4) The maximum quantity available for 2019 may be revised in view of a withdrawal of the United Kingdom from the European Union

(5) https://webgate.ec.europa.eu/ods2/resources/domain

(6) https://ec.europa.eu/clima/sites/clima/files/f-gas/docs/guidance_document_en.pdf

(7) https://webgate.ec.europa.eu/ods2/resources/domain