REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the exercise of the power to adopt delegated acts conferred on the Commission pursuant to Regulation (EU) No 517/2014 on fluorinated gases and repealing Regulation (EC) No 842/2006
Date: 2018-08-03
Institutions: Directorate-General for Climate Action, European Commission
Subjects: EU emission allowance, air quality, delegated legislation, environmental monitoring, environmental standard, fluorine, greenhouse gas, marketing standard, powers of the institutions (EU), reduction of gas emissions

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  EN 

   EUROPEAN COMMISSION  Brussels, 3.8.2018 COM(2018) 569 final  REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the exercise of the power to adopt delegated acts conferred on the Commission pursuant to  Regulation (EU) No 517/2014 on fluorinated gases and repealing Regulation (EC) No 842/2006   
 
 
1. INTRODUCTION  

Regulation  (EU)  No  517/2014  of  the  Council  and  of  the  European  Parliament  of  16  April 
2014  on  fluorinated  gases  and  repealing  Regulation  (EC)  No  842/20061  (the  F-gas 
Regulation) lays down rules to protect the environment by reducing emissions of fluorinated 
greenhouse gases.  

To this end the Regulation notably establishes rules regarding: 

-  containment, use, recovery and destruction of fluorinated greenhouse gases; 
-  conditions for the placing on the market of specific products and equipment that 

contain or whose function relies upon- fluorinated gases;  

-  conditions for the use of fluorinated gases; and  
-  quantitative limits for the placing on the market of hydrofluorocarbons. 

Articles  12(15)  and  21(1)  of  the  F-gas  Regulation  empowers  the  Commission  to  adopt 
delegated acts.  

In Article 12(15) the empowerment concerns "amending the labelling requirements set out in 
paragraphs  4  to  12  where  appropriate  in  the  view  of  commercial  or  technological 
development."  

In Article 21(1) the empowerment concerns "updating of Annexes I, II and IV on the basis of 
New Assessments Reports adopted by the Intergovernmental Panel on Climate Change or new 
reports  of  the  Scientific  Assessment  Panel  (SAP)  of  the  Montreal  Protocol  on  the  global 
warming potential of the listed substances." Annex I lists hydrofluorocarbons covered by the 
Regulation, Annex II lists other fluorinated gases that are subject to reporting under Article 19 
of  the  Regulation  and  Annex  IV  establishes  the  method  of  calculating  the  global  warming 
potential of a mixture (a fluid composed of two or more substances, at least one of which is 
listed in Annex I or in Annex II).  

2. LEGAL BASIS 

The present report is required under Article 22(2) of the F-gas Regulation. Under this Article 
the Commission has the power to adopt delegated acts for a period of five years from 10 June 
2014.  The  Commission  is  also  required  to  prepare  a  report  in  respect  of  the  delegation  of 
power  not  later  than  nine  months  before  the  end  of  the  five  year  period.  Article  22(2)  also 
stipulates  that the delegation  of power to  adopt  delegated acts  "shall be tacitly  extended for 
further periods of five years, unless the Parliament or the Council opposes such extension not 
later than three months before the end of each such period." 

3. EXERCISE OF THE DELEGATION  

Since the entry into force of the Regulation (EU) No 517/2014 on fluorinated gases and the 
period  covered  by  this  report,  the  Commission  has  not  made  use  of  the  power  to  adopt 

1 OJ L 150, 20.5.2014, p. 195-230. 

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delegated acts referred to in Articles 12(15) and 21(1). However, the reasons that led the co-
legislators to confer the power to adopt delegated acts on the Commission remain valid.  

As  regards  the  empowerment  in  Article  12(15)  concerning  labelling,  the  need  to  possibly 
update  these  requirements  in  view  of  commercial  or  technological  development  still  apply. 
The exact timing of any such developments and the impact on labelling is not predictable or 
time-limited. Similarly, the empowerment in Article 21(1) concerning updates of Annexes I, 
II and IV relies on developments at UN level that are neither predictable nor time-limited.    

4. CONCLUSION  

The Commission believes that despite the fact that the Commission to date has not adopted 
any delegated acts, as the requested developments for the Commission's use of the conferred 
power to adopt delegated acts has not yet materialised, it is likely that it will in the future.  

Therefore  the  delegation  of  powers  referred  to  in  both  Article  12(15)  and  in  Article  21(1) 
should be extended tacitly for a further period of five years as foreseen by Article 22(2) of the 
Regulation.  

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