CELEX: 
Language: en
Date: 2019-01-24
Title: COMMISSION IMPLEMENTING REGULATION (EU) …/... amending Implementing Regulation (EU) No 1191/2014 as regards the reporting of data on production and on imports and exports of polyols containing hydrofluorocarbons pursuant to Article 19 of Regulation (EU) No 517/2014

COMMISSION IMPLEMENTING REGULATION (EU) …/...
            
            
               of XXX
            
            
               amending Implementing Regulation (EU) No 1191/2014 as regards the reporting of data on production and on imports and exports of polyols containing hydrofluorocarbons pursuant to Article 19 of Regulation (EU) No 517/2014 
            
            
               THE EUROPEAN COMMISSION,
            
            
               Having regard to the Treaty on the Functioning of the European Union,
            
            
               Having regard to Regulation (EU) No 517/2014 of the European Parliament and of the Council of 16 April 2014 on fluorinated greenhouse gases and repealing Regulation (EC) No 842/2006
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               , and in particular Article 19(7) thereof,
            
            
               Whereas:
            
            
               (1)Commission Implementing Regulation (EU) No 1191/2014
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                specifies the means and format for the report to be submitted pursuant to Article 19 of Regulation (EU) No 517/2014, in relation to the use of certain fluorinated greenhouse gases as feedstock or where products or equipment which contain those gases are placed on the market by producers, importers and exporters of those gases and by undertakings that destroy those gases. 
            
            
               (2)Decision XXX/10
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                of the Parties to the Montreal Protocol on substances that deplete the ozone layer to the Vienna Convention for the Protection of the Ozone Layer
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                (Montreal Protocol) sets out the revised reporting forms to be used for reporting on controlled substances, including on hydrofluorocarbon-23 (HFC-23) by-production and imports and exports of polyols containing hydrofluorocarbons following the global entry into force of the Kigali Amendment to that Protocol regarding the phase-down of hydrofluorocarbons (HFCs) on 1 January 2019
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               . 
            
            
               (3)The reporting format set out in the Annex to Implementing Regulation (EU) No 1191/2014 should be amended in order to align it with the reporting format set out in Decision XXX/10 used by the Parties to the Montreal Protocol. This would enable the Union to comply with its reporting obligations under the Montreal Protocol. 
            
            
               (4)The measures provided for in this Regulation are in accordance with the opinion of the Committee established by Article 24(1) of Regulation (EU) No 517/2014, 
            
            
               HAS ADOPTED THIS REGULATION:
            
            
               Article 1
            
            
               The Annex to Implementing Regulation (EU) No 1191/2014 is amended in accordance with the Annex to this Regulation. 
            
            
               Article 2
            
            
               This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. 
            
            
            
               This Regulation shall be binding in its entirety and directly applicable in all Member States.
            
            
         
         
            
               Done at Brussels,
            
            
               
                     For the Commission
               
               
                     The President
                     […]
                  
            
         
         
      
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               ANNEX 
            
            
               The Annex to Regulation (EU) No 1191/2014 is amended as follows:
            
            
               (1) In Section 1, the table is replaced by the following:
            
            
                     
                         
                     
                  
                  
                     
                        "INFORMATION TO BE REPORTED 
                     
                  
                  
                     
                        COMMENTS 
                     
                  
               
                     
                        1A
                     
                  
                  
                     
                          — thereof: Total quantity of production from facilities in the Union
                     
                  
                  
                     
                         
                     
                  
               
                     
                  
                  
                     
                        1Aa
                     
                  
                  
                     
                         — thereof: Amounts not captured
                     
                  
                  
                     
                  
               
                     
                  
                  
                     
                  
                  
                     
                        1A_a
                     
                  
                  
                     
                          — thereof: Amounts destroyed
                     
                  
                  
                     
                        If the in-line destruction is carried out by another undertaking, the latter should be specified
                     
                     
                        Reports from producers which carry out destruction on the total quantities destroyed shall be made in reporting Section 8
                     
                  
               
                     
                  
                  
                     
                        AUTOMATICALLY CALCULATED QUANTITIES
                     
                  
                  
                     
                  
               
                     
                  
                  
                     
                        1Ab
                     
                  
                  
                     
                         — thereof: Total amount generated and captured
                     
                  
                  
                     
                        1Ab = 1A - 1Aa
                     
                  
               
                     
                  
                  
                     
                        INFORMATION TO BE REPORTED
                     
                  
                  
                     
                  
               
                     
                         
                     
                  
                  
                     
                  
                  
                     
                        1B
                     
                  
                  
                     
                  
                  
                     
                        Reports from producers which carry out destruction on the total quantities destroyed shall be made in reporting Section 8
                     
                  
               
                     
                         
                     
                  
                  
                     
                  
                  
                     
                        1C
                     
                  
                  
                     
                  
                  
                     
                        The undertaking carrying out the destruction shall be identified
                     
                  
               
                     
                  
                  
                     
                  
                  
                     
                        1C_a
                     
                  
                  
                     
                  
                  
                     
                        The Member State where feedstock use will take place shall be indicated
                     
                  
               
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                        1C_a1
                     
                  
                  
                     
                         — thereof: Without prior capture
                     
                  
                  
                     
                        Only to be reported for HFC-23
                     
                  
               
                     
                  
                  
                     
                        AUTOMATICALLY CALCULATED QUANTITIES
                     
                  
                  
                     
                  
               
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                        1C_a2
                     
                  
                  
                     
                        — thereof: After prior capture
                     
                  
                  
                     
                        1C_a2 = 1C_a – 1C_a1;
                     
                     
                        To be calculated only for HFC-23
                     
                  
               
                     
                  
                  
                     
                        INFORMATION TO BE REPORTED
                     
                  
                  
                     
                  
               
                     
                  
                  
                     
                  
                  
                     
                        1C_b
                     
                  
                  
                     
                  
                  
                     
                        The type of exempted use shall be specified
                     
                  
               
                     
                  
                  
                     
                        AUTOMATICALLY CALCULATED QUANTITIES
                     
                  
                  
                     
                  
               
                     
                         
                     
                  
                  
                     
                  
                  
                     
                        1D
                     
                  
                  
                     
                  
                  
                     
                        1D = 1B + 1C
                     
                  
               
                     
                        1E
                     
                  
                  
                     
                  
                  
                     
                        Production available for sale or feedstock use
                     
                  
                  
                     
                        1E = 1A  – 1D – 1Aaa"
                     
                  
               
            
               (2) In Section 2, in the table, the following row 2F is added:
            
            
                     
                  
                  
                     
                        "2F
                     
                  
                  
                     
                        Amount of hydrofluorocarbons contained in pre-blended polyols"
                     
                  
                  
                     
                  
               
            
               (3) In Section 3, in the table, the following row 3J is added:
            
            
                     
                  
                  
                     
                        "3J
                     
                  
                  
                     
                        Amount of hydrofluorocarbons contained in pre-blended polyols"