EUROPEAN COMMISSION Strasbourg, 5.4.2022 COM(2022) 150 final 2022/0099(COD) Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on fluorinated greenhouse gases, amending Directive (EU) 2019/1937 and repealing Regulation (EU) No 517/2014 (Text with EEA relevance) {SEC(2022) 156 final} - {SWD(2022) 95 final} - {SWD(2022) 96 final} - {SWD(2022) 97 final}



EXPLANATORY MEMORANDUM 1.CONTEXT OF THE PROPOSAL •Reasons for and objectives of the proposal The European Green Deal launched a new growth strategy for the EU that aims to transform the EU into a fair and prosperous society with a modern, resource-efficient and competitive economy. It reaffirms the Commission’s ambition to increase its climate targets and make Europe the first climate-neutral continent by 2050. Furthermore, it aims to protect the health and well-being of citizens from environment-related risks and impacts. In response to the urgency for climate action, the EU increased its climate ambition through Regulation (EU) 2021/1119 (the European Climate Law), which was adopted in 2021. The climate law establishes a binding net GHG reduction target of at least 55% by 2030 compared to 1990 and EU climate neutrality at the latest by 2050. The EU has also enhanced its initial Nationally Determined Contribution under the Paris Agreement on Climate Change from at least 40% greenhouse gas emissions reductions by 2030, to at least 55% net greenhouse gas emissions reductions. Achieving those objectives, and having a chance to keep global average temperature within 1.5°C, requires reinforcing all instruments relevant for the decarbonisation of EU’s economy; the F-gas Regulation is a key instrument with respect to emissions of fluorinated greenhouse gases (F-gases). F-gases are human-made chemicals that are very strong greenhouse gases (GHG), often several thousand times stronger than carbon dioxide (CO2). Together with carbon dioxide, methane and nitrous oxide, they belong to the group of GHG emissions covered under the Paris Agreement on Climate Change. Today F-gas emissions amount to 2.5 % of EU’s total GHG emissions but doubled from 1990 to 2014 in contrast to other GHG emissions, which fell. This is because F-gases in the past typically replaced ozone-depleting substances in areas where the latter became prohibited to use in the EU to protect the stratospheric ozone layer, as required under the 1987 Montreal Protocol on Substances that Deplete the Ozone Layer (‘the Protocol’). Regulation (EU) No 517/2014 on fluorinated greenhouse gases (‘the F-gas Regulation’) was adopted to reverse the increase in F-gas emissions. Hydrofluorocarbons (HFCs) are the most important group of F-gases in terms of emissions relevant for the climate and the main novelty of the F-gas Regulation was the establishment of an ‘EU HFC phase-down’, namely a quota system to implement a gradual reduction schedule of the amount of HFCs that importers and producers may place on the market every year. The EU F-gas policy must be seen in the context of the recent IPCC Special report. Pathways to limit global warming at 1.5 °C require emission decreases for F-gases of up to 90% by 2050 globally compared to the year 2015. With a view to reversing rising HFC emissions and their climate impact, and even though HFCs do not deplete the ozone layer, Parties to the Protocol decided in 2016 with the Kigali Amendment to implement a global HFC phase-down which will reduce HFC production and consumption by more than 80 % over the next 30 years at global level. This implies that each Party must comply with an HFC consumption and production reduction schedule as well as licensing import/export and reporting on HFCs. Scientists have estimated that the Kigali Amendment alone will save up to 0.4°C of additional warming by the end of the century. As concluded by the evaluation prepared by the Commission, the F-gas Regulation has led to a reverse and year-on-year decrease of F-gas emissions starting in 2015. Moreover, the EU market supply of HFCs declined by 37 % in metric tonnes and 47 % in terms of tonnes CO2 equivalent from 2015 until 2019. There has been a clear shift to the use of alternatives with lower global warming potential (hereafter ‘GWP’) including natural alternatives (e.g. CO2, ammonia, hydrocarbons, water) in many types of equipment that used F-gases traditionally. However, the emission savings envisaged by 2030 will not be fully achieved and there is an unused potential to save more emissions. Furthermore, while the F-gas Regulation was adopted ahead of the Kigali Amendment and while it was instrumental in achieving this global agreement, the Regulation cannot fully ensure compliance with all the obligations (notably beyond 2030). Finally, the years of experience gained in the implementation of the Regulation as well as the feedback received from stakeholders confirm the need to address a number of challenges to the quota system. These range from illegal activities including smuggling and rogue traders with purely speculative motives to the lack of skilled technicians. There are also certain monitoring gaps to be addressed, the efficiency of the reporting and verification activities to be improved and several existing rules to be further clarified, as most stakeholders from industry, NGOs and authorities have highlighted this as an important objective for the review. It was thus clear that the main elements of the Regulation should be maintained but there was a need to fine-tune and add several provisions. The general objectives of the EU F-gas policies are to: (1)Prevent additional F-gas emissions, thereby contributing to EU climate objectives (2)Ensure compliance with the Protocol as regards obligations related to hydrofluorocarbons (‘HFCs’). The prevention of emissions can be done in two ways: by avoiding that F-gases are used in the first place (i.e. reduce the demand for F-gases) and by ensuring that there are measures to prevent emissions or leaks when the gases are produced, used and disposed of (“containment”). Therefore, the F-gas policy has the specific objectives to: ·Discourage the use of F-gases with high Global Warming Potential and encourage the use of alternative substances or technologies when they result in lower GHG emissions without compromising safety, functionality and energy efficiency; ·Prevent leakage from equipment and proper end of life treatment of F-gases in applications; ·Enhance sustainable growth, stimulate innovation, and develop green technologies by improving market opportunities for alternative technologies and gases with low GWP. On the basis of the conclusions of an evaluation of the Regulation the Commission has the following objectives for the review: (1)Achieve additional F-gas emission reductions to contribute to reaching the 55% of emissions reductions by 2030 and net carbon neutrality by 2050.

(2)Fully align with the Protocol. (3)Facilitate enhanced implementation and enforcement on matters of illegal trade, the functioning of the quota system and the training needs on F-gas alternatives. (4)Improve monitoring and reporting to fill existing gaps and improve process and data quality for compliance. (5)Improve clarity and internal coherence to support better implementation and understanding of the rules. The initiative contributes to the 2030 Agenda for Sustainable Development and its Sustainable Development Goals, most prominently to “fight climate change”. •Consistency with existing policy provisions in the policy area To achieve the legally binding climate targets in the European Climate Law the Commission has proposed to strengthen Member States’ emission reduction targets for 2021 to 2030 in an amendment to the so-called Effort Sharing Regulation. The Effort Sharing Regulation covers emissions from sectors not covered by the existing EU Emissions Trading System (ETS) and F-gas emissions represent almost 5% of the emissions covered by that Regulation. Member States’ individual targets relate to this overall basket of GHGs. Consequently, the EU or the Member States do not have any binding targets specific to F-gas emissions. However, it is crucial that F-gas emissions are principally reduced through the F-gas Regulation because such action has proven to be effective as well as cost-efficient to do at European level. Such action will complement additional measures to reduce F-gases that are better taken at national level in line with the principle of subsidiarity, for example additional waste policy measures, more stringent oversight of the sectors or financial incentives for alternatives. Together, the measures taken at Union and national level relating to all types of emissions must ensure that each Member State can reach its national greenhouse gas emission targets, as defined by the Effort Sharing Regulation, in an effective manner. The F-gas Regulation covers all sectors from which F-gas emissions are relevant, but it is complemented by Directive 2006/40/EC on mobile air-conditioning (MAC) which specifically prohibits the use of refrigerants with a GWP higher than 150 in new passenger cars since 2017. Prior to this prohibition, the refrigerant used was an HFC with a GWP of 1430. •Consistency with other Union policies The proposed Regulation (as well as the current F-gas Regulation) has many similarities with Regulation (EC) 1005/2009 on substances that deplete the ozone layer (the ODS Regulation), which is being revised in parallel. These two Regulations must jointly ensure that the Union complies with its obligations relating to HFCs and ODS under the Protocol. While the two reviews do not directly impact each other, they do affect similar stakeholders and sectors, as well as similar activities (trade, equipment use etc.) and they use similar control measures, including a trade licencing system as required by the Protocol. Both industry and authorities have therefore called for their relevant rules to be closely aligned (e.g. regarding custom controls, leakage rules, definitions etc.). The contribution of the revised F-Gas Regulation to reaching GHG targets at Member States level under the Effort Sharing Regulation is complemented by the revision of the Industrial Emissions Directive (IED: Directive 2010/75/EU) which will cover activities responsible for around 15% of overall EU emissions of GHG emissions not covered by the ETS. The focus of the IED is primarily on emissions of pollutants and emissions of GHGs from industrial sources that are not covered by the EU ETS. By contrast, the ODS and F-Gas Regulations mainly, but not exclusively, focus on placing on the market and use of ozone-depleting substances and fluorinated gases in order to prevent emissions of those chemicals which are very potent GHGs. The IED offers the opportunity for a systematic consideration of F-gas emissions as a key environmental parameter in the development of best available technique reference documents for industry sectors. The latter constitute the basis for the setting of emission limit values for industrial installations to limit their emissions of F-gases and ODS. Furthermore, the E-PRTR Regulation (Regulation (EC) No 166/2006) will be modernised to improve reporting, and public availability of information, on emissions of both pollutants and greenhouse gases and should in the future allow for more granularity on emissions data of F-gases and ODS from such installations. There are also close synergies with energy policies, in particular the Directive 2009/125/EC on eco-design, given the relevance of indirect emissions from energy use of F-gas equipment. The proposal follows the “energy efficiency first principle” by only taking into account alternatives that are being at least as energy efficient as equipment using a traditional F-gas. Special attention has also been paid to the fact that the decarbonisation of the energy system will require high growth rates for heat pumps that currently are marketed with F-gases in the Union. This is in particular due to the recent geopolitical developments requiring a higher growth in heat pumps to reduce dependence on oil and gas as outlined in the Communication RePowerEU. In order to reach climate neutrality, it is important to have policies in place that increase the energy efficiency as much as possible and that limit direct emissions from F-gases. This is particularly important since any heat pump equipment with F-gases that is put into operation today will lead to direct GHG emissions for many years into the future due to leakage, necessary servicing with more F-gases and possible emissions when the equipment entered the waste stream. Where possible this should be avoided, which is why specific product bans are included. Overall, it is estimated that the proposed review of the quota system, following the preferred option of the impact assessment, has sufficient buffer to allow for such growth in heat pump deployment. As regards the import and reporting provisions there are synergies with the REACH Legislation, as importers of fluorinated gases are affected by both. The more granular data collected, and the stringent import requirements related to the quota system in the F-gas Regulation could be used to improve overview and compliance on REACH registration obligations as pointed out by the chemical industry. The reviewed proposal strongly reinforces the links to customs, market surveillance, environmental crime and whistleblowing by spelling out the concrete obligations of economic operators and the competent authorities to reduce illegal activities including smuggling and safeguard the environmental integrity of the Regulation. Furthermore, there are direct links with waste policy, as the end-of-life is a crucial phase where many emissions occur if the existing obligations are not complied with. The recovery obligations in the F-gas Regulation are complemented by references in the relevant waste legislation (e.g. WEEE Directive and Waste Shipment Directive). Reinforced producer responsibility schemes as promoted by the F-gas Regulation could make a significant contribution to improve current practices and reduce end-of-life emissions. This is an opportunity in light of the on-going revision of the Waste Framework Directive. Last but not least, the continuous and timely updating of safety standards as well as codes and legislation at all levels, European, national, regional and local, is crucial to keep pace with the rapid development of technologies and to ascertain that the use of climate-friendly refrigerants can be maximised without compromising safety. 2.LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY •Legal basis This proposal is based on Article 192(1) of the Treaty on the Functioning of the European Union, in line with the objective to preserve, protect and improve the quality of the environment; protect human health; and to promote measures at international level to deal with climate change. •Subsidiarity

The proposal complements EU legislation that has existed at EU level since 2006 and it clearly complies with the subsidiarity principle for the following reasons: Firstly, protecting the climate system is a cross-border issue and the scale of the problem demands action worldwide. Secondly, the most effective measures are prohibiting or restricting the use or placing on the market of F-gases or F-gas products and equipment. For the functioning of the EU internal market and the free movement of goods, it is highly preferably if such measures are taken at EU level. Thirdly, the Protocol considers the EU as a regional economic integration organisation (REIO) and the EU must therefore comply with the Protocol’s obligations at Union level (e.g. reporting, licensing system, consumption phase-down). This requires relevant legislation at the same level; it would be very difficult if not infeasible to achieve compliance through 27 different national systems. The only exception to the REIO clause is the Protocol’s HFC production phase-down schedule, which requires compliance at Member States level. Still some Member States have requested that production is also regulated at EU level as this would increase the flexibility for the companies concerned. •Proportionality The proposal complies with the proportionality principle. The proposal ensures that F-gas emissions will be further reduced and that the EU continues to comply with its international obligations under the Protocol to phase down the production and consumption of HFCs. The proposed measures are based on a thorough assessment of their cost-efficiency that shows that the marginal emission abatement costs for any sector are within the range that other sectors in the economy are expected to face to ensure the needed transition towards climate neutrality by 2050. Moreover, in the long term the mitigation measures will result in overall cost savings. Some measures will slightly increase the administrative burden on industry but some of them are essential for compliance with the Protocol and others are needed to facilitate appropriate enforcement of the rules as well as monitoring future threats. None of the latter measures involve high costs. No detailed provisions are proposed in areas where the objectives might be better achieved by action in other policy areas, for example legislation on waste. The level of benefits achieved by these measures could not have been achieved as cost efficiently for industry and Member States by introducing 27 different additional F-gas policies in Member States. •Choice of the instrument The legal instrument chosen is a Regulation because the proposal aims to replace and improve the F-gas Regulation while maintaining its general structure on control measures. The F-gas Regulation has proven to be effective. Since the proposal includes several amendments as well as adaptations to the structure of the F-gas Regulation, the F-gas Regulation should be repealed and replaced with a new Regulation to ensure legal clarity. Any major changes (i.e. repeal, or turning it into a Directive) would unduly burden Member States and create additional uncertainty for the undertakings active in this sector. 3.RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS •Ex-post evaluation The Commission carried out an evaluation of the F-gas Regulation in line with the 'Better regulation' requirements, and responded to Article 21(2) of the F-gas Regulation, which requires the Commission to publish a comprehensive report on its effects no later than 31 December 2022. The evaluation concludes that the F-gas Regulation has been mostly effective in meeting its original objectives of both reducing F-gas emissions and being instrumental in obtaining an international agreement to reduce HFCs. Furthermore, the individual measures were found to work well together to meet these objectives. As a direct result of the legislation, F-gas emissions have decreased year-on-year starting in 2015 after a decade of rising amounts. These emission savings were achieved at very low abatement costs linked to technological change (i.e. 6 € per tonne CO2e on average), and without reducing energy efficiency of the equipment concerned. The F-gas Regulation has safeguarded high environmental ambition by maintaining the same obligations across the EU, while also ensuring a level-playing field in the internal market concerned industries and undertakings. At the same time, the evaluation concludes that since the adoption of the Regulation a number of important developments (notably the European Green Deal, and a changed international policy environment with the Paris Agreement and the Kigali Amendment) have changed the relevant policy framework, implying that the EU F-gas Regulation is not fully fit-for-purpose, in terms of both exploiting the unused potential for achieving additional emission reductions and ensuring future compliance with the Protocol. Modelling indicates that the F-gas emission reductions in 2030 will be lower than expected in the 2012 impact assessment that had the objective to contribute to reaching the previous 2030 climate target (at least -40% compared to 1990). Also, some sectors continue to use and emit highly warming F-gases, where this could be avoided (e.g. in the light of technological progress) and there are emissions from sectors or substances not currently included under the scope of the Regulation. The evaluation also identifies other challenges, including illegal imports of HFCs that circumvent the quota system and “rogue traders” (a multiplication of bulk importers often without connection to the sector that enter the market for speculative reasons and/or benefit disproportionately from the quota system). Moreover, the uptake of climate friendly alternatives is being hindered by a lack of personnel that have skills to install and maintain equipment with climate-friendly alternatives as well as safety standards that are not fully updated according to technological progress. Better emission control could also address some of the concerns about possible eco-toxicological consequences of atmospheric breakdown products of HFC and hydro(chloro)fluoroolefins (H(C)FOs). Furthermore, certain gaps in the substances and activities covered by monitoring and reporting measures could be avoided. In addition, a few obligations linked to the reporting and verification obligations could be made more efficient. Finally, it was perceived as a threat that there is currently no flexibility to quickly react in case of undesirable effects of the quota system such as significant lack of HFC supply. In general, the F-gas Regulation was found to be externally consistent and coherent with other interventions that have similar objectives, although there are areas that have led to some incoherencies that should be addressed. An important area is customs law, where synergies with the EU Single Window Environment for Customs should be exploited and efficient border controls facilitated to stop illegal activities. Another important synergy is with the REACH Regulation where Member States-led efforts are underway to look into the relevance of persistent degradation products from H(C)FOs. Internal consistence of the Regulation is good, but some clarifications and alignments are needed. On the basis of these findings the five review objectives mentioned in section 1 were identified. •Stakeholder consultations The Commission carried out a broad consultation with stakeholders. The consultation on the review roadmap from 29 June 2020 to 7 September 2020 and the online public consultation from 15 September 2021 to 29 December 2021 provided an opportunity for all stakeholders to contribute views on the F-gas Regulation, irrespective of the respondents’ level of familiarity with the Regulation. These activities received 76 and 241 responses respectively. The individual responses and a summary are publicly available on the Commission “Have your say” website. A targeted consultation, involving 34 semi-structured interviews tailored to competent F-gas authorities, customs authorities, NGOs, EU business associations and organisations, as well as several individual companies was carried out. An open stakeholder workshop was held on 6 May 2021 attended by 355 participants, where the preliminary results of the evaluation and the impact assessment were presented. The agenda, background briefing material and the presentation delivered at the workshop are available on DG CLIMA’s website. These consultations gathered views on the achievements of the Regulation to date with respect to its relevance, effectiveness, efficiency, EU added value and internal and external coherence. In addition, feedback was also gathered on potential measures and their likely environmental, economic and social impacts, taking into account the European Green Deal and its more ambitious targets and the obligations on hydrofluorocarbons under the Protocol. Stakeholders generally agreed that the F-gas Regulation was very successful but that it could and should be improved. Moreover, it was clearly noted that objectives of the Regulation could not be better achieved by action at Member State level (rather than EU-level). Most stakeholders, and competent authorities in particular, stated that the Regulation needs to be aligned with the Protocol after 2030 to ensure future coherence and compliance. While some industry and businesses stakeholders commonly working with F-gases in the refrigeration, air-conditioning and heat-pump sector did not want to raise the ambition level of the current F-gas Regulation further, manufacturers of equipment using alternative refrigerants and NGOs strongly supported higher ambition. Across all consultation activities, industrial stakeholders showed strong support for various measures aimed at tackling illegal trade and challenges to the quota system, reflecting that they consider this a key issue for improving the Regulation (while different measures received different levels of support). These stakeholders also showed a high level of support for additional training and certification of technicians on F-gas alternatives, highlighting that this is a key barrier to the uptake of alternatives. •Collection and use of expertise

The Commission has gathered extensive technical advice from a number of expert studies, including Commission reports on air conditioning, switchgear, availability of HFCs, commercial refrigeration, quota allocation, safety standards and training for service personnel. In addition, a comprehensive preparatory study was carried out for the review of the Regulation by external consultants, which included a detailed bottom-up stock model of the F-gas using sectors (AnaFgas model) in order to calculate demand and emission scenarios for F-gases, for the baseline and the policy options, as well as energy use of the relevant equipment, for the EU27+UK in the period of 2000 to 2050. An attached cost module allows quantification of related costs to the operators of equipment relying on F-gases or their alternatives. Macroeconomic effects were modelled using the Joint Research Centre’s GEM-E3 model. This preparatory study and its annexes (Öko-Recherche et al., 2021) with the underlying data, assumptions and detailed results are made public on DG CLIMA’s website. The industry sector, Member States authorities and civil society provided extensive input and technical support for the study. •Impact assessment The Commission carried out an impact assessment analysing three policy options in terms of their effectiveness in achieving the objectives sought as well as their environmental, economic and social impacts. For each review objective, a series of measures were identified. The measures, which are complementary and not mutually exclusive, were grouped into three policy options on the basis of their expected (abatement) costs: All three options include the improvements seeking to clarify the rules or make them more coherent. The three options are as follows: ·Option 1: Align with the Protocol - low cost measures. It includes all measures to ensure long-term compliance with the Protocol. This option also includes any beneficial measures on all objectives that were expected to result in very low costs and effort, if any. ·Option 2: Proportionate emission reductions and implementation improvement. In addition to Option 1, it includes measures that achieve emission reductions and implementation improvements at moderate costs and effort, to the point where a sub-sector would not have to pay more than marginal sectoral abatement costs expected for the economy overall to reach carbon neutrality in 2050. The HFC quota levels are therefore more restrictive than in Option 1 and additional F-gas prohibitions with specific GWP limits and dates complement the phase-down. The option also includes more measures to improve enforcement and monitoring, as long as they do not imply high costs. ·Option 3: Maximum feasibility and implementation improvements. Option 3 is a high cost option. In addition to all previous measures in Options 1 and 2, Option 3 will include those that seek to achieve the maximum GHG emission reductions based on today’s technical feasibility while taking into account energy efficiency and safety aspects, but regardless of what it would cost. This option has the steepest quota system. All measures to improve enforcement and monitoring that were considered feasible are also included in this option. While all options would safeguard full compliance with the Protocol, the detailed impact assessment clearly shows that Option 2 will result in the most appropriate cost-benefit balance, achieving a very substantial amount of additional emissions to the current Regulation (i.e. the baseline) at a modest price tag and avoiding undue hardship for any affected sectors. In the 2030 context, the proposed Regulation is estimated to result in additional savings of cumulatively 40 MtCO2e. It is important to keep in mind that these savings will come on top of the 430 MtCO2e estimated to result from the current Regulation. By 2050 the additional savings of Option 2 will be ca. 310 MtCO2e. This means that the residual annual F-gas emissions in 2050 are estimated to be only 14 MtCO2e. Option 2 is thus considered to be compatible with reaching net climate neutrality by 2050, reducing the need for carbon-removal policies to compensate for emissions that cannot be avoided in 2050 to achieve net climate neutrality. The necessary technological adjustment leads to cost savings overall and in many sub-sectors, due to lower energy costs for the users. However, there are some costs for end-users who do not switch to alternatives as a result of higher prices of HFCs under a reinforced quota system. Nonetheless, in the longer turn some sectors of the economy will profit from the technology conversion, leading to higher output, innovation and employment. Option 2 is therefore the most coherent with the objectives of the European Green Deal, as well as the “Do No Significant Harm”-principle. As confirmed by stakeholders the types of measures in Option 2 have EU added value. Consequently, the level of benefits achieved could not have been achieved as cost efficiently for industry and Member States by introducing 27 different additional F-gas policies in Member States. It turns out that Option 1 does not achieve any additional cumulative emission savings compared to the current Regulation and considering the savings potential shown in Option 2 and 3, Option 1 would simply be less adequate in the light of the EU’s ambitious climate targets. Option 3, on the other hand, would achieve marginally higher emission savings compared to Option 2 but those additional savings would come at the expense of very high costs for some sectors (marginal sectoral abatement costs by 2050 of up to of 2,111 €/t CO2e for Option 3, compared to maximally 336 €/tCO2e in Option 2; technological adjustment costs for all sectors of 113 million € per year for Option 3 compared to 12 million € per year for Option 2) and it is preferable to seek other ways to contribute to the achievement of the national greenhouse gas emission reduction targets. Option 2 will also ensure better control at a moderate increase in administrative burden for industry and authorities (Total net costs were estimated as 7.6 million € for industry as recurrent yearly costs, in addition to one-off costs of € 3 million). These changes should allow for an effective enforcement, tackling the identified existing challenges, in particular those linked to illegal trade. Furthermore, the monitoring rules will become more streamlined and comprehensive by covering new aspects that have become relevant. The detailed results of environmental, economic and social impacts are presented in the impact assessment. A number of simplifications are achieved in the area of monitoring. These include savings from changes to the quota declaration process (€1.2 million of costs saved yearly), aligning reporting and authorisation thresholds for equipment importers (€0.09 million yearly), relaxing the verification threshold for equipment importers (€1.7 million yearly) and digitising the verification process (€1.5 million yearly). The Regulatory Scrutiny Board issued a positive opinion with reservations on the impact assessment on 25 February 2022. The final recommendations to better explain the links to the Effort Sharing Regulation, the need to raise ambition, a more detailed description of the methodology and spelling out the success parameters were addressed in a revised text of the impact assessment. All detailed comments of the Board and how they were addressed are given in the impact assessment. This full impact assessment and a summary version are available on DG CLIMA’s website. •Fundamental rights The proposed rules of this initiative ensure the full respect of the rights and principles set out in the Charter of Fundamental Rights of the European Union. 4.BUDGETARY IMPLICATIONS This proposal includes a fixed quota price for a large part of the HFC quota that is allocated to importers and producers each year. The maximum annual revenue is shown in the table below. million €/year 2025 - 2026 125 2027 - 2029 53 2030 - 2032 27

2033 - 2035 25 2036 - 2038 20 However, the further development, operation, maintenance and IT security of the HFC quota system and the F-gas and ODS licencing system required under the Montreal Protocol as well as necessary links to the EU Single Window Environment for Customs and facilitation of better enforcement will require additional resources. Therefore, it is proposed, that the quota sale revenue is being used to cover costs related those activities and that the remaining quota sale revenue will flow into the EU Budget as general revenue. 5.OTHER ELEMENTS •Implementation plans and monitoring, evaluation and reporting arrangements Future monitoring and evaluation of the Regulation can rely on the Regulation’s annual company reporting data that is collected and aggregated by the European Environment Agency each year. The agency prepares a report on F-gas related activities for Member State representatives and the Commission (DG CLIMA), which includes inter alia data on imports, exports, production, destruction, and reclamation relevant to bulk F-gases and equipment containing such gases. Furthermore, to comply with the Protocol, the Commission is using the data to report annually on HFC production, feedstock, destruction, imports and exports to the Protocol’s Ozone Secretariat on behalf of the EU. In addition, there is a public version of the report in the form of a web-based F-gas indicator published and updated regularly by the EEA. The measures proposed on reporting and monitoring would improve this data basis further in the future. The changes to the reporting scope (new substances; recipients of exempted quota; reclamation facilities) will complete the picture on relevant gases and uses. The emission reporting databases will improve the knowledge on emissions and thus the impact of the F-gas sector as well as better data quality reported to the United Nations Framework Convention on Climate Change (UNFCCC). The streamlining of reporting and verification rules should also help in achieving better data quality more efficiently. Moreover, the Commission will continue to closely monitor prices, the workings of the quota system and other market developments of the sector on the basis of contracts with external experts. Member States regularly update on relevant activities carried out such as (i) the collection and use of data to determine emissions, (ii) producer responsibility schemes, (iii) enforcement and other measures taken on illegal activities including penalties to the Implementation Committee established in the Regulation. Finally, the Commission will monitor the implementation of the proposed measures. In this context, the Commission will cooperate closely with national authorities e.g. the national experts on ozone depleting substances, customs authorities and market surveillance authorities. The committee referred to in the proposal will assist the Commission in its work and will discuss questions on the harmonised enforcement of the proposed rules where appropriate. The development of the relevant case-law of the Court of Justice of the European Union will also be monitored, as well as any decision by the Implementing Committee of the Montreal Protocol regarding compliance of the EU and its Member States. A good performance of the Regulation would mean that: ·Emissions of F-gases should fall as predicted by the modelling carried out under the accompanying impact assessment, i.e. in 2030 annual emissions should be 37 MtCO2e. ·There should be no compliance issues with the Montreal Protocol regarding obligations on HFCs. ·Smooth implementation of the quota system and reduction of illegal trade to avoid harm in environmental, economic or reputational terms. ·The monitoring and reporting supports policy evaluation and compliance checking in a more effective but also efficient way. The impacts of the Regulation should be evaluated regularly; the first evaluation, based on these data, should be published by 2033. In this context, an expert study would be needed to estimate the progress made on foam banks. The evaluation should also examine the developments in administrative costs. •Detailed explanation of the specific provisions of the proposal. The measures established under the F-gas Regulation to reduce emissions of fluorinated greenhouse gases are not put into question in the current proposal. The proposal mainly ensures that the proposed Regulation will be aligned with the ambitious EU climate objectives and that long-term compliance with international obligations will be guaranteed. Existing rules are clarified and strengthened to ensure better enforcement. Chapter I The proposal establishes the subject-matter and scope of the Regulation and includes the necessary definitions. Chapter II

The proposal includes rules on containment (prevention of emissions, leakage checks, leakage detection system and rules on recovery). Prevention of emissions covers F-gases listed in Annexes I and II, and is imposed on all relevant actors during the production, storage, transport, manufacturing and operation of F-gases and the equipment containing them. Leak checks and record keeping also covers gases listed in Annex II Section I. Recovery obligations of fluorinated greenhouse gases is extended to also cover foams in sandwich panels and laminated boards when removed from buildings. The proposal also establishes training and certification obligations that also include tasks in relation to equipment that contain gases used as substitutes to fluorinated greenhouse gases (alternative gases) to promote their safe use and handling. The training and certification programmes should also cover energy efficiency aspects. Chapter III The proposal includes restrictions and prohibitions on the placing on the market of F-gases and the concerned products and equipment. It clarifies that products and equipment placed unlawfully on the market cannot be used or further supplied. For products and equipment lawfully placed on the market, their further supply as of two years following the prohibition deadline is allowed only if evidence is provided of their (initial) lawful placing on the market. Non-refillable containers shall be prohibited from entering the customs territory and further used or supplied. The proposal also includes labelling requirements for the placing on the market of F-gases in containers and in certain equipment. These requirements include hydrofluorocarbons that are exempted from the quota requirements to enable enforcement of those exemptions. The proposal also prohibits specific uses of certain F-gases. Chapter IV The proposal establishes a production reduction schedule for HFCs, following the binding rules of the Montreal Protocol. Productions that maintain production today will receive rights based on the historic baseline of 2011 to 2013, while the Commission may, at the request of a Member State and within that State’s production limits set by the Protocol, allocate additional rights to new entrants. The latter does not exempt HFCs exported inside of products and equipment. The proposal also establishes a reduction schedule for the placing on the market of HFCs by establishing individual quantitative limits (quotas) for producers and importers. Importers and producers must ensure that they have sufficient quota to cover the quantities of HFCs placed on the market, at the moment the placing on the market occurs (i.e. for importers at the time of release for free circulation). HFCs for certain uses are exempted from the quota requirements. However, the exemption from the phase-down of metered dose inhalers (MDIs) for pharmaceutical use is removed to align with the consumption phase-down schedule of the Montreal Protocol, where the latter products are not exempted. The use of HFCs as propellants for MDIs is fully emissive, i.e. the whole HFC quantity filled into these products will eventually end up in the atmosphere, and has grown by 45% between 2015 and 2019. Even though two suitable climate-friendly alternatives are available that would not require any adaptation for the MDIs use by patients and that the approval process by the medical authority (EMA) is under way, the industry expects a slow market uptake in the absence of a policy signal. By including MDIs under the quota system, a significant amount of emissions can be saved by 2050, at very little costs to manufacturers and the patients. Quotas are allocated every year to new entrants exclusively on the basis of a declaration and to historic importers and producers (incumbents) on the basis of their reference values (and on the basis of a declaration if made). Certain conditions apply for the allocation of quotas to all importers and producers, including the payment of an allocation amount. Importers and producers that share the same beneficial owner(s) shall be considered as one undertaking for the purpose of the determination of reference values and the allocation of quotas. HFCs charged in certain equipment should also be accounted for in the quota system. Importers and producers that have a reference value may transfer some or all of their allocated quota to another undertaking for the purpose of placing HFCs on the market in bulk and may also authorise the use of all or some of their quota to another undertaking for the purpose of placing equipment charged with HFCs on the market. The proposal also envisages the operation of the F-gas Portal for the implementation of the quota allocation system, licensing and reporting obligations and its inter-connection with the EU Single Window for Customs. Registered importers and producers have access to their individual quota allocations, penalties, quantities placed on the market as reported, as well as transfers and authorisations to use quota recorded by these undertakings. Alleged clerical errors in the recording of information by undertakings and in their reported data must be substantiated by evidence and must be timely presented to the Commission. Chapter V The proposal imposes as a condition to trade, a valid license to be presented to customs authorities in cases of import and export. The proposal also clarifies the role of customs authorities and market surveillance authorities in enforcing the controls on trade envisaged therein. The information that should be provided in cases of imports and exports is listed as well as what customs authorities should check in particular during customs controls carried out on a risk basis. Non-refillable containers should be confiscated or seized or taken out of the market. For other goods, customs and market surveillance authorities shall take all necessary measures, including confiscation or seizure where needed, to enter that prohibited goods do not re-enter the market from another EU customs office. Re-export of unlawful gases or products covered under the Regulation shall be prohibited. Only designated or approved places and customs offices shall be allowed to handle cases of imports and exports of F-gases; only these designated offices and places shall be allowed to open or close a transit procedure. Finally, the proposal imposes a ban on the trade of HFCs with non-Parties to the Protocol, in line with the obligations set out in the Protocol as from 2028. Chapter VI The proposal establishes reporting obligations in particular for producers, importers of gases in bulk as well as charged in products and equipment, exporters, feedstock users, destruction and reclamation facilities and undertakings that received hydrofluorocarbons that fall under the exemptions from the quota rules. The reporting is done electronically via the F-gas Portal. Verification, subject to quantitative limits, of reported data shall also be done via the F-gas Portal. The proposal requires Member States to collect emission data electronically where possible. Chapter VII The proposal specifies the cases where exchange of information and cooperation with competent authorities within a Member State, as well as amongst Member States and with competent authorities of third countries is required. The proposal also establishes the obligation for competent authorities to check on the compliance of undertakings with the Regulation on a risk basis and where concrete evidence are available.

The proposal also ensures that reports by whistle-blowers in relation to infringements of the Regulation benefit from the level of protection envisaged under Directive (EU) 2019/1937. Chapter VIII Finally, the proposal establishes that the level and type of administrative penalties for infringements of the Regulation must be effective, dissuasive and proportionate and shall also take into account relevant criteria (such as the nature and gravity of the infringement). In particular, it proposes an administrative fine to be imposed in cases of illegal production, use or trade of gases and of the products and equipment covered under this Regulation. The proposed provisions are aligned, and compliment the Commission Proposal for a Directive of the European Parliament and of the Council on the protection of the environment through criminal penalties adopted on 15 December 2021. The proposal also establishes a consultation forum represented by Member States and representatives of civil society, including environmental organisations, representatives of manufacturers, operators and certified persons who will advise and provide expertise to the Commission in the implementation of this Regulation. 2022/0099 (COD) Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on fluorinated greenhouse gases, amending Directive (EU) 2019/1937 and repealing Regulation (EU) No 517/2014 (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 European Commission, After transmission of the draft legislative act to the national parliaments, Having regard to the opinion of the European Economic and Social Committee, Having regard to the opinion of the Committee of the Regions, Acting in accordance with the ordinary legislative procedure, Whereas: (1)The European Green Deal launched a new growth strategy for the Union that aims to transform the Union into a fair and prosperous society with a modern, resource-efficient and competitive economy. It reaffirms the Commission’s ambition to increase its climate targets and make Europe the first climate-neutral continent by 2050 and aims to protect the health and well-being of citizens from environment-related risks and impacts. Furthermore, the EU is committed to the 2030 Agenda for Sustainable Development and its Sustainable Development Goals. (2)Fluorinated greenhouse gases are human-made chemicals that are very strong greenhouse gases (‘GHG’), often several thousand times stronger than carbon dioxide (‘CO2’). Together with CO2, methane and nitrous oxide, they belong to the group of GHG emissions covered by the Paris Agreement adopted under the United Nations Framework Convention on Climate Change (‘the Paris Agreement’). Fluorinated greenhouse gas emissions amount today to 2.5 % of total GHG emissions, in the Union, but have doubled from 1990 to 2014 in contrast to other GHG emissions, which have fallen. (3)Regulation (EU) No 517/2014 of the European Parliament and of the Council was adopted to reverse the increase in fluorinated greenhouse gas emissions. As concluded by an evaluation prepared by the Commission, Regulation (EU) No 517/2014 has led to a year-on-year decrease of fluorinated greenhouse gas emissions. The supply of hydrofluorocarbons (‘HFCs’) has declined by 37 % in metric tonnes and 47 % in terms of tonnes CO2 equivalent from 2015 until 2019. There has also been a clear shift to the use of alternatives with lower global warming potential (‘GWP’) including natural alternatives (for example CO2, ammonia, hydrocarbons, water) in many types of equipment that used fluorinated greenhouse gases traditionally.

(4)The Intergovernmental Panel on Climate Change (IPCC) Special report concluded that emission decreases for fluorinated greenhouse gases of up to 90 % by 2050 globally compared to the year 2015 would be needed. In response to the urgency for climate action, the Union increased its climate ambition through Regulation (EU) 2021/1119 of the European Parliament and of the Council (the European Climate Law). That Regulation establishes a binding net GHG reduction target of at least 55 % by 2030 compared to 1990 and climate neutrality by 2050. The Union has also enhanced its initial nationally determined contribution under the Paris Agreement from at least 40 % greenhouse gas emissions reductions by 2030, to at least 55 %. However, the evaluation of Regulation (EU) No 517/2014 shows that the emission savings envisaged by 2030 in the context of the outdated Union climate objectives will not be fully achieved. (5)Due to rising HFC emissions globally, Parties to the 1987 Montreal Protocol on Substances that Deplete the Ozone Layer (‘the Protocol’) decided in 2016 under the Kigali Amendment to implement an HFC phase-down that is to reduce HFC production and consumption by more than 80 % over the next 30 years. This implies that each Party must comply with an HFC consumption and production reduction schedule as well as providing for a licencing system for imports and exports and reporting on HFCs. It is estimated that the Kigali Amendment alone will save up to 0,4°C of additional warming by the end of the century. (6)It is important that this Regulation ensures that the Union complies with its international obligations under the Kigali Amendment to the Protocol in the long-term, in particular, with regards to the reduction of consumption and production of HFCs, reporting and licensing requirements, in particular by introducing a phase-down for production and adding reduction steps for the placing of HFCs on the market for the time after 2030. (7)To ensure coherence with the reporting requirements under the Protocol, global warming potentials of HFCs should be calculated in terms of the 100-year global warming potential of one kilogram of a gas relative to one kilogram of CO2 based on the Fourth Assessment Report adopted by the IPCC. For other substances, the most recent IPCC Assessment Report should be used. Where available, the 20-year global warming potential should be provided to better inform about the climate impacts of the substances covered by this Regulation. (8)The intentional release of fluorinated substances, where unlawful, is a serious infringement of this Regulation and should be explicitly prohibited; operators and manufacturers of equipment should be obliged to prevent leakage of such substances to the extent possible, including through leak checking of the most relevant equipment. (9)Given that the production process for some fluorinated compounds can result in significant emissions of other fluorinated greenhouse gases produced as by-products, such by-product emissions should be destroyed or recovered for subsequent use as a condition for the placing of fluorinated greenhouse gases on the market. Producers and importers should be required to document measures adopted to prevent emissions of trifluoromethane during the production process. (10)To prevent emissions of fluorinated substances, it is necessary to lay down provisions on the recovery of substances from products and equipment and the prevention of leakages of such substances. Foams containing fluorinated greenhouse gases should be treated in accordance with Directive 2012/19/EU of the European Parliament and of the Council. Recovery obligations should also be extended to building owners and contractors when removing certain foams from buildings, in order to maximise emissions reductions. (11)To encourage the use of technologies with no impact or lower impact on the climate that may involve the use substances that are toxic, flammable or highly pressurized, the training of natural persons who carry out activities involving fluorinated greenhouse gases should cover technologies replacing or reducing the use of fluorinated greenhouse gases, including information on energy efficiency aspects and applicable regulations and technical standards. Certification and training programmes established under Regulation (EU) No 517/2014, which may be integrated in national vocational training systems, should be reviewed or adapted enabling technicians to handle alternative technologies safely. (12)The existing prohibitions on specific uses of sulphur hexafluoride, the most climate damaging substance known, should be retained and be complemented by additional restrictions on the use in the critical sector of power distribution. (13)Where suitable alternatives to the use of specific fluorinated greenhouse gases are available, bans should be introduced on the placing on the market of new equipment for refrigeration, air-conditioning and fire protection that contains fluorinated greenhouse gases or whose functioning relies upon those gases. Where alternatives are not available or cannot be used for technical or safety reasons, or where the use of such alternatives would entail disproportionate costs, it should be possible for the Commission to authorise an exemption to allow the placing on the market of such products and equipment for a limited period. (14)For reasons of reducing the indirect impact of the operation of equipment for refrigeration, air-conditioning on the climate, the maximum energy consumption of such equipment set out in relevant implementing measures adopted under Directive 2009/125/EC of the European Parliament and of the Council should continue to be considered as reason for exempting specified types of equipment from the prohibition to use fluorinated greenhouse gases. (15)Non-refillable containers for ozone depleting substances, should be banned, considering that an amount of refrigerant inevitably remains in these containers when emptied, which is then released into the atmosphere. In this respect, this Regulation should prohibit their import, placing on the market, subsequent supply or making available on the market, use unless for laboratory and analytical uses, and their export. (16)In order to facilitate the enforcement of the placing on the market prohibitions and the restriction to products and equipment that contain fluorinated greenhouse gases or whose functioning relies upon those gases, including when placed on the market in containers, it is important to establish the necessary labelling requirements for those goods. (17)To implement the Protocol, including the gradual reduction of the quantities of HFCs, the Commission should continue to allocate quotas to individual producers and importers for the placing of HFCs on the market, ensuring that the overall quantitative limit permitted und the Protocol is not exceeded. To protect the integrity of the gradual reduction of the quantities of HFCs placed on the market, HFCs contained in equipment should continue to be accounted for under the quota system. (18)Initially, the calculation of reference values and the allocation of quotas to individual producers and importers was based on the quantities of HFCs that they reported as having been placed on the market during the reference period 2009 to 2012. However, in order not to exclude undertakings from entering the market, or expanding their activities, a smaller part of the overall maximum quantity should be reserved for importers and producers who have previously not placed HFCs on the market and for importers and producers having a reference value that wish to increase their quota allocation. (19)By a triannual recalculation of the reference values and quotas, the Commission should ensure that undertakings are allowed to continue their activities on the basis of the average volumes they placed on the market in recent years, also including undertakings that previously had no reference value. (20)Considering the market value of the allocated quota, it is appropriate to claim a price for its allocation. This avoids a further fragmentation of the market to the detriment of those undertakings that are in need of the HFC supply and already dependent on HFC trade in the declining market. It is assumed that undertakings that decide not to claim and pay any quota, for which they would be entitled in the year(s) prior to the calculation of reference values, have decided to leave the market and thus they do not get a new reference value. The revenue should be used to cover administrative costs. (21)To maintain the flexibility of the market in bulk HFCs, it should be possible to transfer quotas from undertakings that have received a reference value to other producers or importers in the Union or to other producers or importers which are represented in the Union by an only representative. (22)A central so-called F-gas Portal should be set up and operated by the Commission to manage quotas for the placing of HFCs on the market, registration of concerned undertakings, and the reporting on all substances and on all equipment placed on the market, in particular where the equipment is pre-charged with HFCs that have not been placed on the market prior to the charging. To ensure that only genuine operators are registering in the F-gas Portal, specific conditions should be established. A valid registration in the F-gas Portal should constitute a license, which is an essential requirement under the Protocol for the monitoring of trade and preventing illegal activities in this respect. (23)In order to ensure automatic, real-time, customs controls, at shipment level as well as an electronic exchange and storing of information on all shipments of fluorinated greenhouse gases and the concerned products and equipment presented to customs it is necessary to interconnect the F-gas Portal with European Union Single Window Environment for Customs established by Regulation (EU) No …/… of the European Parliament and of the Council [the full reference to be inserted once that Regulation has been adopted].

(24)To enable the monitoring of the effectiveness of this Regulation, the scope of the reporting obligations should be extended to cover other fluorinated substances that have significant global warming potential or that are likely to replace the use of fluorinated greenhouse gases. For the same reason, the destruction of fluorinated greenhouse gases and the importation into the Union 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 where it does not result in non-compliance with the Protocol. (25)To ensure that reports on substantial quantities of substances are accurate and that the quantities of HFCs contained in pre-charged equipment are accounted for under the Union quota system, third party verification should be required. (26)The use of consistent, high-quality data to report on fluorinated greenhouse gas emissions is essential to ensuring the quality of emissions reporting under the United Nations Framework Convention on Climate Change. The establishment of reporting systems by Member States of emissions of fluorinated greenhouse gases would provide coherence with Regulation (EU) 2018/1999 of the European Parliament and of the Council. Data on leakage of fluorinated greenhouse gases from equipment collected by companies under this Regulation could significantly improve those emission reporting systems. In that way, it should lead to a better estimation of emissions of fluorinated greenhouse gases in the national greenhouse gases inventories. (27)In order to facilitate customs controls, it is important to specify the information to be submitted to customs authorities in cases of imports and exports of the gases and products covered by this Regulation, as well as the tasks for customs authorities when implementing the prohibitions and restrictions to imports and exports of those substances and the products and equipment covered by this Regulation. (28)Competent authorities of Member States should take all necessary measures, including confiscation and seizure, in order to prevent the unlawful entry or exit into and from the Union of gases and products covered by this Regulation. The re-export of illegally imported products covered by this Regulation should be prohibited in any event. (29)Member States should ensure that customs authorities carrying out controls under this Regulation have the appropriate resources and knowledge, for example via training made available to them, and are sufficiently equipped in view of addressing cases of illegal trade of the gases and products and equipment covered by this Regulation. Member States should designate those customs offices that meet those conditions and are therefore mandated to carry out customs controls on imports, exports and in cases of transit. (30)Cooperation and exchange of the necessary information between all competent authorities involved in the implementation of this Regulation, namely customs authorities, market surveillance authorities, environmental authorities and any other competent authorities with inspection functions, amongst Member States and with the Commission, is extremely important for tackling infringements of this Regulation, notably illegal trade. Due to the confidential nature of the exchange of customs risk-related information, the Customs Risk Management System should be used for that purpose. (31)In carrying out the tasks assigned to it by this Regulation, and in view of promoting cooperation and adequate exchange of information between competent authorities and the Commission in cases of compliance checks and illegal trade in fluorinated greenhouse gases, the Commission should be assisted by the European Anti-Fraud Office (OLAF). OLAF should have access to all necessary information to facilitate the performance of its tasks. (32)The import and export of HFCs as well as products and equipment containing HFCs or whose functioning relies upon those gases from and to a State not party to the Protocol should be prohibited as from 2028. The parallel prohibition envisaged under the Protocol as from 2033 has thus been advanced, to ensure that the global HFC reduction measures of the Kigali Amendment provide the envisaged benefit to the climate as soon as possible. (33)Member States should lay down rules on penalties applicable to infringements of the provisions of this Regulation and ensure that they are implemented. Those penalties should be effective, proportionate and dissuasive. (34)It is also necessary to provide for administrative penalties of such a level and type that truly deter violations of this Regulations. (35)Serious infringements of this Regulation should also be prosecuted under criminal law, in accordance with Directive 2008/99/EC of the European Parliament and of the Council. (36)Competent authorities of the Member States, including their environmental authorities, market surveillance and customs authorities, should carry out checks, on a risk-based approach, in order to ensure compliance with all provisions of this Regulation. Such approach is necessary in order to target the activities representing the highest risk of illegal trade or unlawful release of fluorinated greenhouse gases covered by this Regulation. In addition, competent authorities should carry out checks when in possession of evidence or other relevant information on potential cases of non-compliance. Where relevant and to the extent possible, such information should be communicated to customs authorities in order to proceed to a risk analysis prior to controls, in accordance with Article 47 of Regulation (EU) 952/2013 of the European Parliament and of the Council. It is important to ensure that competent authorities responsible for following up the issuing of penalties are informed when cases of infringements of this Regulation have been established by other competent authorities. (37)Whistle-blowers can bring new information to the attention of competent authorities which may help the competent authorities detect infringements of this Regulation and enable them to impose penalties. It should be ensured that adequate arrangements are in place to enable whistle-blowers to alert the competent authorities to actual or potential infringements of this Regulation and to protect the whistle-blowers from retaliation. For that purpose, it should be provided in this Regulation that Directive (EU) 2019/1937 of the European Parliament and of the Council is applicable to the reporting of breaches of this Regulation and to the protection of persons reporting such breaches. (38)To enhance legal certainty, the applicability, pursuant to this Regulation, of Directive (EU) 2019/1937 to reports of breaches of this Regulation and to the protection of persons reporting such breaches should be reflected in Directive (EU) 2019/1937. The Annex to Directive (EU) 2019/1937 should therefore be amended accordingly. It is for the Member States to ensure that that amendment is reflected in their transposition measures adopted in accordance with the Directive, although neither the amendment nor the adaptation of national transposition measures are a condition for the applicability of Directive (EU) 2019/1937 to the reporting of breaches of this Regulation and to the protection of reporting persons. (39)In implementing this Regulation, the Commission should establish a so-called Consultation Forum to ensure a balanced participation of Member States’ representatives and representatives of civil society, including environmental organisations, representatives of manufacturers, operators and certified persons. (40)In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission as regards evidence to be provided on the destruction or recovery of trifluoromethane by-production during the manufacturing of other fluorinated substances; requirements for leak checks; the format of the records, their establishment and maintenance; minimum requirements for certification programmes and training attestations; the format of the notification of certification and training programmes; exemptions for products and equipment falling under a placing on the market prohibition; the format of labels; the determination of production rights for producers of HFCs; exemptions from the quota requirement for HFCs for use in specific applications, or specific categories of products or equipment; the determination of reference values for producers and importers for the placing on the market of HFCs; the modalities and detailed arrangements for the payment of the amount due; the detailed arrangements for the declaration of conformity for pre-charged equipment and their verification as well as for the accreditation of verifiers; the smooth functioning of the registry; the authorisation of trade with entities not covered by the Protocol; the details of the verification of reporting and of the accreditation of verifiers and the format for submitting reports. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council. (41)In order to amend certain non-essential elements of this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union (‘TFEU’) should be delegated to the Commission in respect of the establishment of a list of products and equipment for which the recovery of gases or their destruction is technically and economically feasible and the specification of the technologies to be applied; labelling requirements; the exclusion from quota requirements of HFCs in accordance with decisions of the Parties to the Protocol; concerning the amounts due for the allocation of quota and the mechanism to allocate remaining quotas; additional measures for the monitoring of substances and of products and equipment placed under temporary storage and customs procedures; the rules applicable to the release for free circulation of products and equipment imported from and exported to any entity not covered by the Protocol; the update of global warming potentials of listed substances. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level and that those consultations be conducted in accordance with the principles laid down in the Inter-institutional Agreement of 13 April 2016 on Better Law-Making. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. (42)The protection of individuals with regard to the processing of personal data by the Member States is governed by Regulation (EU) 2016/679 of the European Parliament and of the Council and the protection of individuals with regard to the processing of personal data by the Commission is governed by Regulation (EU) 2018/1725 of the European Parliament and of the Council in particular as regards the requirements of confidentiality and security of processing, the transfer of personal data from the Commission to the Member States, the lawfulness of processing, and the rights of data subjects to information, access to and rectification of their personal data. (43)The European Data Protection Supervisor was consulted in accordance with Article 42(1) of Regulation (EU) 2018/1725 of the European Parliament and of the Council and delivered an opinion on [date of delivery of the opinion].

(44)Since the objectives of this Regulation cannot be sufficiently achieved by the Member States but can rather, by reason of the transboundary nature of the environmental problem addressed and the effects of this Regulation on the intra-Union and external trade, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives. (45)A number of amendments are to be made to Regulation (EU) No 517/2014. In the interests of clarity, that Regulation should be repealed and replaced. (46)In view of the yearly quota allocation and reporting process set out in this Regulation, it is appropriate that this Regulation applies as from 1 January [OP please insert the year following the year of the date of entry into force of this Regulation], HAVE ADOPTED THIS REGULATION: CHAPTER I GENERAL PROVISIONS Article 1 Subject-matter This Regulation: (a)lays down rules on containment, use, recovery and destruction of fluorinated greenhouse gases and on related ancillary measures, and facilitates the safe use of alternative substances; (b)imposes conditions on the import, export, placing on the market, further supply and use of fluorinated greenhouse gases and specific products and equipment containing fluorinated greenhouse gases or whose functioning relies upon those gases; (c)imposes conditions on specific uses of fluorinated greenhouse gases; (d)establishes quantitative limits for the placing of hydrofluorocarbons on the market; (e)establishes rules on reporting. Article 2 Scope 1.This Regulation applies to the fluorinated greenhouse gases listed in Annexes I, II and II, whether alone or in a mixture. 2.This Regulation also applies to products and equipment, and parts thereof, containing fluorinated greenhouse gases or whose functioning relies upon those gases. Article 3

Definitions For the purposes of this Regulation the following definitions apply: (1)‘global warming potential’ or ‘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, unless specified otherwise, of one kilogram of a greenhouse gas relative to one kilogram of CO2, as set out in Annexes I, II, III and VI or in the case of mixtures, calculated in accordance with Annex VI; (2)‘mixture’ means a fluid composed of two or more substances, at least one of which is a substance listed in Annexes I, II or III; (3)'tonne(s) of CO2 equivalent’ means a quantity of greenhouse gases expressed as the product of the weight of the greenhouse gases in metric tonnes and of their global warming potential; (4)‘hydrofluorocarbons’ or ‘HFCs’ means the substances listed in Annex I, Section 1, or mixtures containing any of those substances; (5)‘operator‘ means the undertaking exercising actual power over the technical functioning of products and equipment covered by this Regulation or the owner where designated by a Member State as being responsible for the operator’s obligations in specific cases; (6)‘placing on the market’ means the supplying or making available to another person within the Union, for the first time, for payment or free of charge, the customs release for free circulation in the Union, and the use of substances produced or the use of products or equipment manufactured for own use; (7)‘import’ means the entry of substances, products and equipment covered by this Regulation into the customs territory of the Union as far as the territory is covered by a ratification of the 1987 Montreal Protocol on Substances that Deplete the Ozone Layer and includes temporary storage and the customs procedures referred to in Articles 201 and 210 of Regulation (EU) 952/2013; (8)‘export’ means the exit from the customs territory of the Union, in so far as the territory is covered by a ratification of the 1987 Montreal Protocol on Substances that Deplete the Ozone Layer, of substances, products and equipment; (9)‘hermetically sealed equipment’ means equipment in which all fluorinated greenhouse gas containing parts are made tight during its manufacturing process at the premises of the manufacturer by welding, brazing or a similar permanent connection, which may include capped valves or capped service ports that allow proper repair or disposal; (10)‘container’ means a product which is designed primarily for transporting or storing fluorinated greenhouse gases; (11)'recovery’ means the collection and storage of fluorinated greenhouse gases from products, including containers, and equipment during maintenance or servicing or prior to the disposal of the products or equipment; (12)‘recycling’ means the reuse of a recovered fluorinated greenhouse gas following a basic cleaning process, including filtering and drying; (13)‘reclamation’ means the reprocessing of a recovered fluorinated greenhouse gas in order to match the equivalent performance of a virgin substance, taking into account its intended use; (14)‘destruction’ means the process of permanently transforming or decomposing completely, to the extent possible, a fluorinated greenhouse gas into one or more stable substances that are not fluorinated greenhouse gases; (15)‘decommissioning’ means the removal from operation or usage of a product or equipment, containing fluorinated greenhouse gases, including the final shut-down of an installation; (16)‘repair’ means the restoration of damaged or leaking products or equipment that contain fluorinated greenhouse gases or whose functioning relies upon those gases, involving a part containing or designed to contain such gases; (17)‘installation’ means joining two or more pieces of equipment or circuits containing or designed to contain fluorinated greenhouse gases, with a view to assembling a system in the location where it will be operated, that entails joining together gas carrying conductors of a system to complete a circuit; (18)‘maintenance or servicing’ means all activities, excluding recovery in accordance with Article 8 and leak checks in accordance with Article 4 and Article 10(1), point (b), of this Regulation, that entails opening the circuits containing or designed to contain fluorinated greenhouse gases, supplying the system with fluorinated greenhouse gases, removing one or more pieces of circuit or equipment, reassembling two or more pieces of circuit or equipment, as well as repairing leaks;

(19)‘virgin substances’ means substance which have not previously been used; (20)'stationary’ means not normally in transit during operation and includes moveable room air-conditioning appliances; (21)‘mobile’ means normally in transit during operation; (22)‘one-component foam’ means a foam composition contained in a single aerosol dispenser in unreacted or partly reacted liquid state and that expands and hardens when it leaves the dispenser; (23)‘refrigerated truck’ means a motor vehicle with a mass of more than 3,5 tonnes that is designed and constructed primarily to carry goods and that is equipped with a refrigeration unit; (24)‘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; (25)‘leakage detection system’ means a calibrated mechanical, electrical or electronic device for detecting leakage of fluorinated greenhouse gases which, on detection, alerts the operator; (26)‘undertaking’ means any natural or legal person which carries out an activity referred to in this Regulation; (27)‘feedstock’ means any fluorinated greenhouse gas listed in Annexes I and II, that undergoes chemical transformation in a process in which it is entirely converted from its original composition and emissions are insignificant; (28)‘commercial use’ means use for the storage, display or dispensing of products, for sale to end users, in retail and food services; (29)‘fire protection equipment’ means the equipment and systems utilised in fire prevention or suppression applications and includes fire extinguishers; (30)‘organic Rankine cycle’ means a cycle containing condensable substances converting heat from a heat source into power for the generation of electric or mechanical energy; (31)‘military equipment’ mean arms, munitions and material intended specifically for military purposes which are necessary for the protection of the essential interests of the security of Member States; (32)‘electrical switchgear’ means switching devices and their combination with associated control, measuring, protective and regulating equipment, and assemblies of such devices and equipment with associated interconnections, accessories, enclosures and supporting structures, intended for usage in connection with the generation, transmission, distribution and conversion of electric energy; (33)‘multipack centralised refrigeration systems’ means systems with two or more compressors operated in parallel, which are connected to one or more common condensers and to a number of cooling devices such as display cases, cabinets and freezers, or to chilled store rooms; (34)‘primary refrigerant circuit of cascade systems’ means the primary circuit in indirect medium temperature systems where a combination of two or more separate refrigeration circuits are connected in series such that the primary circuit absorbs the condenser heat from a secondary circuit for the medium temperature; (35)‘use’ means the utilisation of fluorinated greenhouse gases in the production, maintenance or servicing, including refilling, of products and equipment, or in other activities referred to in this Regulation; (36)‘establishment within the Union’ means for a natural person to have his or her habitual residence in the Union and for a legal person to have in the Union a permanent business establishment as referred to in Article 5(32) of Regulation (EU) No 952/2013 in the Union. CHAPTER II CONTAINMENT

Article 4 Prevention of emissions 1.The intentional release into the atmosphere of fluorinated greenhouse gases listed in Annexes I and II shall be prohibited where the release is not technically necessary for the intended use. 2.Operators and manufacturers of equipment and installations that contain fluorinated greenhouse gases listed in Annexes I or II, as well as undertakings in possession of such equipment during its transport or storage, shall take all necessary precautions to prevent the unintentional release of any such gases. They shall take all measures that are technically and economically feasible to minimise leakage of the gases. 3.During the production, storage, transport, and transfer from one container or system to another or to an equipment or installation, of fluorinated greenhouse gases listed in Annexes I and II, the undertaking shall take all necessary precautions to limit release of fluorinated greenhouse gases listed in Annexes I and II to the greatest extent possible. This paragraph also applies where fluorinated greenhouse gases listed in Annexes I and II are produced as by-products. 4.Where a leakage of fluorinated greenhouse gases listed in Annex I or II is detected, the operators, manufacturers of equipment and installations and the undertakings in possession of the equipment during its transport, or storage, shall ensure that the equipment or installation is repaired without undue delay. Where the equipment is subject to leak checks under Article 5(1), and a leak in the equipment has been repaired, the operators shall ensure that the equipment is checked by a natural person certified in accordance with Article 10 within one month after the repair to verify that the repair has been effective. 5.Without prejudice to Article 11(1), first subparagraph, the placing on the market of fluorinated greenhouse gases shall be prohibited, unless producers or importers provide evidence to the competent authority at the time of such placing, that any trifluoromethane, produced as a by-product during the manufacturing process, including during the manufacturing of feedstock for their production, has been destroyed or recovered for subsequent use, using best available techniques. For the purpose of providing that evidence, importers and producers shall draw up a declaration of conformity and join supporting documentation on the production facility and the mitigation measures adopted to prevent emissions of trifluoromethane. Producers and importers shall keep the declaration of conformity and supporting documentation for a period of at least five years after the placing on the market and make them available, upon request, to national competent authorities and to the Commission. The Commission may, by means of implementing acts, determine the detailed arrangements relating to the declaration of conformity and supporting documentation referred to in the second subparagraph. Those implementing acts shall be adopted in accordance with Article 34(2). 6.Natural persons carrying out the tasks referred to in Article 10(1), points (a) to (c), shall be certified in accordance with Article 10 and shall take precautionary measures to prevent leakage of fluorinated greenhouse gases listed in Annexes I and II. Undertakings carrying out the installation, servicing, maintenance, repair or decommissioning of the equipment listed in Article 5(2), points (a) to (f), shall be certified in accordance with Article 10 and shall take precautionary measures to prevent leakage of fluorinated greenhouse gases listed in Annexes I and II. Article 5 Leak checks 1.Operators of equipment that contains 5 tonnes of CO2 equivalent or more of fluorinated greenhouse gases listed in Annex I or 1 kilogram or more of fluorinated greenhouse gases listed in Annex II, Section I, not contained in foams, shall ensure that the equipment is checked for leaks. Hermetically sealed equipment that contains less than 10 tonnes of CO2 equivalent of fluorinated greenhouse gases listed in Annex I or 2 kilograms of fluorinated greenhouse gases listed in Annex II, Section I, shall not be checked for leaks, provided the equipment is labelled as hermetically sealed and its connected parts have a tested leakage rate of less than 3 grams per year under a pressure of at least a quarter of the maximum allowable pressure. Electrical switchgear shall not be checked for leaks provided it complies with one of the following conditions: (a)it has a tested leakage rate of less than 0,1 % per year as set out in the technical specification of the manufacturer and is labelled accordingly; (b)it is equipped with a pressure or density monitoring device; (c)it contains less than 6 kilograms of fluorinated greenhouse gases listed in Annex I.

2.Paragraph 1 applies to operators of the following equipment that contains fluorinated greenhouse gases listed in Annex I or in Annex II, Section I: (a)stationary refrigeration equipment; (b)stationary air-conditioning equipment; (c)stationary heat pumps; (d)stationary fire protection equipment; (e)refrigeration units of refrigerated trucks and trailers; (f)organic Rankine cycles. (g)electrical switchgear. As regards the equipment referred to in the first subparagraph, points (a) to (f), the checks shall be carried out by natural persons certified in accordance with the rules provided for in Article 10. 3.The leak checks referred to in paragraph 1 shall be carried out with the following frequency: (a)for equipment that contains less than 50 tonnes of CO2 equivalent of fluorinated greenhouse gases listed in Annex I or less than 10 kilograms of fluorinated greenhouse gases listed in Annex II, Section I: at least every 12 months; or where a leakage detection system is installed, at least every 24 months; (b)for equipment that contains 50 tonnes of CO2 equivalent or more, but less than 500 tonnes of CO2 equivalent of fluorinated greenhouse gases listed in Annex I or between 10 to 100 kilograms of fluorinated greenhouse gases listed in Annex II, Section I : at least every six months or, where a leakage detection system is installed, at least every 12 months; (c)for equipment that contains 500 tonnes of CO2 equivalent or more of fluorinated greenhouse gases listed in Annex I or more than 100 kilograms of fluorinated greenhouse gases listed in Annex II, Section I: at least every three months or, where a leakage detection system is installed, at least every six months. 4.The obligations set out in paragraph 1 for fire protection equipment as referred to in paragraph 2, point (d), shall be considered to be fulfilled provided the following two conditions are met: (a)the existing inspection regime meets ISO 14520 or EN 15004 standards; and (b)the fire protection equipment is inspected as often as is required under paragraph 3. 5.The Commission may, by means of implementing acts, specify requirements for the leak checks to be carried out in accordance with paragraph 1 for each type of equipment referred to in paragraph 2 and identify those parts of the equipment most likely to leak. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 34(2). Article 6 Leakage detection systems 1.Operators of the equipment listed in Article 5(2), points (a) to (d), and containing fluorinated greenhouse gases listed in Annex I in quantities of 500 tonnes of CO2 equivalent or more, shall ensure that the equipment is provided with a leakage detection system which alerts the operator or a service company of any leakage.

2.Operators of the equipment listed in Article 5(2), points (f) and (g), and containing fluorinated greenhouse gases listed in Annex I in quantities of 500 tonnes of CO2 equivalent or more and installed from 1 January 2017, shall ensure that equipment is provided with a leakage detection system which alerts the operator or a service company of any leakage. 3.Operators of the equipment listed in Article 5(2), points (a) to (d) and (f), that is subject to paragraphs 1 or 2 shall ensure that leakage detection systems are checked at least once every twelve months to ensure their proper functioning. 4.Operators of the equipment listed in Article 5(2), point (g), that is subject to paragraph 2 shall ensure that leakage detection systems are checked at least once every six years to ensure their proper functioning. Article 7 Record keeping 1.Operators of equipment which is required to be checked for leaks pursuant to Article 5(1), shall establish and maintain records for each piece of such equipment specifying the following information: (a)the quantity and type of gases installed; (b)the quantities of gases added during installation, maintenance or servicing or due to leakage; (c)whether the quantities of gases have been recycled or reclaimed, including the name and address in the Union of the recycling or reclamation facility and, where applicable, the certificate number; (d)the quantity of gases recovered; (e)the identity of the undertaking which installed, serviced, maintained and where applicable repaired or decommissioned the equipment, including, where applicable, the number of its certificate; (f)the dates and results of the checks carried out under Article 5(1), (2) and (3), as well as the dates and results of any leak repairs; (g)if the equipment was decommissioned, the measures taken to recover and dispose of the gases. 2.Unless the records referred to in paragraph 1 are stored in a database set up by the competent authorities of the Member States the following rules apply: (a)the operators referred to in paragraph 1 shall keep the records referred to in that paragraph for at least five years; (b)undertakings carrying out the activities referred to in paragraph 1, point (e), for operators shall keep copies of the records referred to in paragraph 1 for at least five years. The records referred to in paragraph 1 shall be made available, on request, to the competent authority of the Member State concerned and to the Commission. 3.For the purpose of Article 11(5), undertakings supplying fluorinated greenhouse gases listed in Annex I and Annex II, Section 1, shall establish records of relevant information on the purchasers of these fluorinated greenhouse gases including the following details: (a)the numbers of certificates of the purchasers; (b)the respective quantities of those gases purchased.

The undertakings supplying those gases shall maintain those records for at least five years. The undertakings supplying these gases shall make such records available, on request, to the competent authority of the Member State concerned and to the Commission. 4.The Commission may, by means of an implementing act, determine the format of the records referred to in paragraphs 1 and 3 and specify how they should be established and maintained. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 34(2). Article 8 Recovery and destruction 1.Operators of stationary equipment or of refrigeration units of refrigerated trucks and trailers that contain fluorinated greenhouse gases listed in Annex I and Annex II, Section 1, not contained in foams, shall ensure that the recovery of those gases is carried out by natural persons that hold the relevant certificates provided for in Article 10, so and that those gases are recycled, reclaimed or destroyed. This obligation applies to operators of any of the following equipment: (a)the cooling circuits of stationary refrigeration, stationary air-conditioning and stationary heat pump equipment; (b)the cooling circuits of refrigeration units of refrigerated trucks and trailers; (c)stationary equipment that contains fluorinated greenhouse gas-based solvents; (d)stationary fire protection equipment; (e)stationary electrical switchgear. 2.Any recovered fluorinated greenhouse gases listed in Annex I and Annex II, Section 1, shall not be used for filling or refilling equipment unless the gas has been recycled or reclaimed. 3.The undertaking that uses a container with fluorinated greenhouse gases listed in Annex I and Annex II, Section 1, shall immediately prior to its disposal arrange for the recovery of any residual gases to make sure they are recycled, reclaimed or destroyed. 4.As from 1 January 2024, building owners and contractors shall ensure that during renovation, refurbishing or demolition activities implying the removal of metal-faced panels that contain foams with fluorinated greenhouse gases listed in Annex I and Annex II, Section 1, the emissions are avoided to the extent possible by recovery for reuse or destruction of the foams and the gases contained therein. The recovery shall be carried out by appropriately qualified natural persons. 5.As from 1 January 2024, building owners and contractors shall ensure that during renovation, refurbishing or demolition activities implying the removal of foams in laminated boards installed in cavities or built-up structures that contain fluorinated greenhouse gases listed in Annex I and Annex II, Section 1, the emissions are avoided to the extent possible by recovery for reuse or destruction of the foams and the gases contained therein. The recovery shall be carried out by appropriately qualified natural persons. Where recovery of the foams referred to in the first subparagraph is not technically feasible, the building owner or contractor shall draw up documentation providing evidence for the infeasibility of the recovery in the specific case. Such documentation shall be retained for five years and shall be made available, on request, to the competent authorities of a Member State and to the Commission. 6.Operators of products and equipment not listed in paragraphs 1, 6 and 7 that contain fluorinated greenhouse gases listed in Annex I and Annex II, Section 1, shall arrange for the recovery of the gases, unless it can be established that it is not technically feasible or entails disproportionate costs. The operators shall ensure that the recovery is carried out by appropriately qualified natural persons, so that the gases are recycled, reclaimed or destroyed or shall arrange for their destruction without prior recovery. The recovery of fluorinated greenhouse gases listed in Annex I and Annex II, Section 1, from air-conditioning equipment in road vehicles outside the scope of Directive 2006/40/EC of the European Parliament and of the Council shall be carried out by appropriately qualified natural persons. For the recovery of fluorinated greenhouse gases listed in Annex I and Annex II, Section 1, from air-conditioning equipment in motor vehicles falling within the scope of Directive 2006/40/EC only natural persons holding at least a training attestation in accordance with Article 10(2) shall be considered appropriately qualified.

7.Fluorinated greenhouse gases listed in Annex I, Section 1, and products containing such gases shall only be destroyed by technologies approved by the Parties to the 1987 Montreal Protocol on Substances that Deplete the Ozone Layer (‘the Protocol’) or by technologies not yet approved, but are environmentally equivalent and comply with Union and national legislation on waste and with additional requirements under such legislation. Other fluorinated greenhouse gases for which destruction technologies have not been approved, shall only be destroyed by the most environmentally acceptable destruction technology not entailing excessive costs, and that comply with Union and national legislation on waste and that additional requirements under such legislation are met. 8.The Commission is empowered to adopt delegated acts in accordance with Article 32 to supplement this Regulation by establishing a list of products and equipment for which the recovery of fluorinated greenhouse gases listed in Annex I and Annex II, Section 1, or destruction of products and equipment containing such gases without prior recovery of these gases shall be considered technically and economically feasible, specifying, if appropriate, the technologies to be applied. 9.Member States shall promote the recovery, recycling, reclamation and destruction of fluorinated greenhouse gases listed in Annex I and Annex II, Section 1. Article 9 Producer responsibility schemes Without prejudice to existing Union legislation, Member States shall encourage the development of producer responsibility schemes for the recovery of fluorinated greenhouse gases listed in Annexes I and II and their recycling, reclamation or destruction. Member States shall inform the Commission on the actions undertaken. Article 10 Certification and training 1.Member States shall, on the basis of the minimum requirements referred to in paragraph 5, establish or adapt certification programmes, including evaluation processes, and ensure that training on practical skills and theoretical knowledge is available for natural persons carrying out the following tasks involving fluorinated greenhouse gases listed in Annex I and Annex II, Section 1 and other relevant alternatives to fluorinated greenhouse gases: (a)installation, servicing, maintenance, repair or decommissioning of the equipment listed in Article 5(2), points (a) to (g); (b)leak checks of the equipment referred to Article 5(2), points (a) to (f), as provided for in Article 5(1); (c)recovery as provided for in Article 8(1). 2.Member States shall ensure that training programmes for natural persons recovering fluorinated greenhouse gases listed in Annex I and Annex II, Section I from air-conditioning equipment in motor vehicles falling within the scope of Directive 2006/40/EC of the European Parliament and of the Council are available, pursuant to paragraph 5. 3.The certification programmes and training provided for in paragraphs 1 and 2 shall cover the following, (a)applicable regulations and technical standards; (b)emission prevention; (c)recovery of fluorinated greenhouse gases listed in Annex I and Annex II, Section 1; (d)safe handling of equipment of the type and size covered by the certificate; and

(e)energy efficiency aspects. 4.Certificates under the certification programmes referred to in paragraph 1 shall be subject to the condition that the applicant has successfully completed