CELEX: 
Language: en
Date: 2017-03-17
Title: COMMISSION IMPLEMENTING REGULATION (EU) …/... amending Commission Implementing Regulation (EU) No 1191/2014 determining the format and means for submitting the report referred to in Article 19 of Regulation (EU) No 517/2014 of the European Parliament and of the Council on fluorinated greenhouse gases

COMMISSION IMPLEMENTING REGULATION (EU) …/...
            
            
               of XXX
            
            
               amending Commission Implementing Regulation (EU) No 1191/2014 determining the format and means for submitting the report referred to in Article 19 of Regulation (EU) No 517/2014 of the European Parliament and of the Council on fluorinated greenhouse gases
            
            
               THE EUROPEAN COMMISSION,
            
            
               Having regard to the Treaty on the Functioning of the European Union,
            
            
               Having regard to Regulation (EU) No 517/2014 of the European Parliament and of the Council of 16 April 2014 on fluorinated greenhouse gases and repealing Regulation (EC) No 842/2006
                  1
               , and in particular Article 19(7) thereof,
            
            
               Whereas:
            
            
               (1)Commission Implementing Regulation (EU) No 1191/2014
                  2
                specifies the way information is reported pursuant to Article 19 of Regulation (EU) No 517/2014, in relation to the use of certain fluorinated greenhouse gases as feedstock or where products or equipment which contain those gases are placed on the market by producers, importers and exporters of those gases and by undertakings that destroy those gases.
            
            
               (2)To enable the effective monitoring of compliance with the reporting obligations in Article 19 of Regulation (EU) No 517/2014, undertakings should be required, to register their use of the electronic reporting tool referred to in Article 1 of Implementing Regulation (EU) No 1191/2014 prior to carrying out relevant activities. This would enable Member State competent authorities to verify at the time of import, export or other relevant activity whether an undertaking would be subject to compliance verification based on its report under Article 19 of Regulation (EU) No 517/2014.
            
            
               (3)The Annex to Regulation (EU) No 1191/2014 should be amended as regards the structure of the information required on certain characteristics of hydrofluorocarbons (HFC) in order to align it with the reporting format used by the parties to the Montreal Protocol on substances that deplete the ozone layer to the Vienna Convention for the Protection of the Ozone Layer
                  3
                (Montreal Protocol). This would enable the Union to comply with its reporting obligations under Montreal Protocol. For the same reason, information on the destination of exports and the origin of imports should be also required to be reported as of 2020, which would provide sufficient time to adapt the electronic reporting tool.
            
            
               (4)Additional differentiations and comments should added in section 2 to reflect the reporting practice developed during the first two reporting cycles and the description in section 12 should be clarified to avoid misinterpretations by reporting undertakings that occurred. 
            
            
               (5)Commission Implementing Regulation (EU) 2016/879
                  4
                established the electronic registry in relation to quotas for placing hydrofluorocarbons on the market in which all relevant data relating to authorisations referred to in Article 18(2) of Regulation (EU) No 517/2014 are recorded.  The corresponding reporting format set out in Section 13 of the Annex to Regulation (EU) No 1191/2014 is therefore obsolete and should be deleted.
            
            
               (6)The measures provided for in this Regulation are in accordance with the opinion of the Committee established by Article 24(1) of Regulation (EU) No 517/2014,
            
            
               HAS ADOPTED THIS REGULATION:
            
            
               Article 1
            
            
               Regulation (EU) No 1191/2014 is amended as follows:
            
            
            
               (1) 
                     Article 1 is replaced by the following:
            
            
               "Article 1
            
         
         
            
               1.
                     The reports required in accordance with Article 19 of Regulation (EU) No 517/2014 shall be submitted electronically using the reporting tool based on the format set out in the Annex to this Regulation which is made available on the website of the Commission for that purpose.
            
            
               2.
                     Prior to carrying out the activities to be reported under Article 19 of Regulation (EU) No 517/2014, any undertaking shall register on the website of the Commission for using the electronic reporting tool."
            
            
               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
               
            
         
         
            
                  
                     (1)
                  
                        OJ L 150, 20.5.2014, p. 195.
               
               
                  
                     (2)
                  
                        Commission Implementing Regulation (EU) No 1191/2014 of 30 October 2014 determining the format and means for submitting the report referred to in Article 19 of Regulation (EU) No 517/2014 of the European Parliament and of the Council on fluorinated greenhouse gases (OJ L 318, 5.11.2014, p. 5).
               
               
                  
                     (3)
                  
                        Council Decision 88/540/EEC of 14 October 1988 concerning the conclusion of the Vienna Convention for the protection of the ozone layer and the Montreal Protocol on substances that deplete the ozone layer (OJ L 297, 31.10.1988, p. 8).
               
               
                  
                     (4)
                  
                        Commission Implementing Regulation (EU) 2016/879 of 2 June 2016 establishing, pursuant to Regulation (EU) No 517/2014 of the European Parliament and of the Council, detailed arrangements relating to the declaration of conformity when placing refrigeration, air conditioning and heat pump equipment charged with hydrofluorocarbons on the market and its verification by an independent auditor (OJ L 146, 3.6.2016, p. 1).
               
            
      
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               ANNEX
            
            
               to the
            
            
               COMMISSION IMPLEMENTING REGULATION (EU) …/...
            
            
               amending Commission Implementing Regulation (EU) No 1191/2014 determining the format and means for submitting the report referred to in Article 19 of Regulation (EU) No 517/2014 of the European Parliament and of the Council on fluorinated greenhouse gases
            
            
               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
                     
                  
                  
                     
                        Total quantity of production from facilities in the Union
                     
                  
                  
                     
                         
                     
                  
               
                     
                         
                     
                  
                  
                     
                        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
                     
                  
                  
                     
                        Amount of hydrofluorocarbons produced for feedstock uses within the Union
                     
                  
                  
                     
                  
               
                     
                  
                  
                     
                        1C_b
                     
                  
                  
                     
                        Amount of hydrofluorocarbons produced for uses within the Union exempted under the Montreal Protocol
                     
                  
                  
                     
                        The type of exempted use shall be specified
                     
                  
               
                     
                  
                  
                     
                        AUTOMATICALLY CALCULATED QUANTITIES
                     
                  
                  
                     
                  
               
                     
                         
                     
                  
                  
                     
                        1D
                     
                  
                  
                     
                        Total quantity of own production destroyed which has not been placed on the market previously
                     
                  
                  
                     
                        1D = 1B + 1C
                     
                  
               
                     
                        1E
                     
                  
                  
                     
                        Production available for sale
                     
                  
                  
                     
                        1E = 1A – 1D
                     
                  
               
               (2) Section 2 is amended as follows:
            
            
               (a) in the second paragraph, the following sentence is added: 
            
            
               "For the first time for the reporting on activities in 2019, quantities of hydrofluorocarbons shall be reported separately for each country of origin, except where indicated otherwise in the table below.";
            
            
               (b) the table is replaced by the following:
            
            
                     
                         
                     
                  
                  
                     
                        INFORMATION TO BE REPORTED 
                     
                  
                  
                     
                        COMMENTS 
                     
                  
               
                     
                        2A
                     
                  
                  
                     
                        Amount imported into the Union
                     
                  
                  
                     
                         
                     
                  
               
                     
                  
                  
                     
                        2B
                     
                  
                  
                     
                        Amount imported into the Union by the reporting undertaking, not released for free circulation, and re-exported contained in products or equipment by the reporting undertaking 
                     
                  
                  
                     
                        Reporting of hydrofluorocarbons by the country of origin is not necessary.
                     
                     
                        Bulk gases imported for inward processing, charged into products or equipment and subsequently re-exported.
                     
                     
                        Where the re-export in products or equipment (Section 2B) does not take place in the same calendar year as the import, the quantities reported in Section 2B may include re-exports in products or equipment of 1 January stocks not placed on the Union market as reported in Section 4C
                     
                     
                        Bulk gas exports shall only be reported in Section 3
                     
                  
               
                     
                  
                  
                     
                        2C
                     
                  
                  
                     
                        Amount of used, recycled or reclaimed hydrofluorocarbons
                     
                  
                  
                     
                  
               
                     
                  
                  
                     
                        2D
                     
                  
                  
                     
                        Amount of virgin hydrofluorocarbons imported for feedstock use
                     
                  
                  
                     
                  
               
                     
                  
                  
                     
                        2E
                     
                  
                  
                     
                        Amount of virgin hydrofluorocarbons imported for uses exempted under the Montreal Protocol 
                     
                  
                  
                     
                        The type of exempted use shall be specified"
                     
                  
               
               (3) Section 3 is amended as follows:
            
            
               (a)
                     in the second paragraph, the following sentence is added: 
            
            
               "For the first time for the reporting on activities in 2019, quantities of hydrofluorocarbons shall be reported separately for each country of destination, except where indicated otherwise in the table below.";
            
            
               (b) 
                     the table is replaced by the following:
            
            
                     
                         
                     
                  
                  
                     
                        INFORMATION TO BE REPORTED 
                     
                  
                  
                     
                        COMMENTS 
                     
                  
               
                     
                        3A
                     
                  
                  
                     
                        Total amount exported from the Union
                     
                  
               
                     
                  
                  
                     
                        3B
                     
                  
                  
                     
                        Exported amounts from own production or import
                     
                  
                  
                     
                        Reporting of by country of destination is not necessary
                     
                  
               
                     
                         
                     
                  
                  
                     
                        AUTOMATICALLY CALCULATED QUANTITIES 
                     
                  
                  
                     
                  
               
                     
                         
                     
                  
                  
                     
                        3C
                     
                  
                  
                     
                        Exported amount purchased from other undertakings within the Union
                     
                  
                  
                     
                        3C = 3A – 3B
                     
                  
               
                     
                         
                     
                  
                  
                     
                        INFORMATION TO BE REPORTED 
                     
                  
                  
                     
                  
               
                     
                  
                  
                     
                        3D
                     
                  
                  
                     
                        Amount exported for recycling
                     
                  
                  
                     
                        Reporting of by the country of destination is not necessary
                     
                  
               
                     
                  
                  
                     
                        3E
                     
                  
                  
                     
                        Amount exported for reclamation
                     
                  
                  
                     
                        Reporting of by the country of destination is not necessary
                     
                  
               
                     
                  
                  
                     
                        3F
                     
                  
                  
                     
                        Amount exported for destruction
                     
                  
                  
                     
                        Reporting of by the country of destination is not necessary
                     
                  
               
                     
                  
                  
                     
                        3G
                     
                  
                  
                     
                        Amount of used, recycled or reclaimed hydrofluorocarbons exported
                     
                  
                  
                     
                  
               
                     
                  
                  
                     
                        3H
                     
                  
                  
                     
                        Amount of virgin hydrofluorocarbons exported for feedstock use
                     
                  
                  
                     
                  
               
                     
                  
                  
                     
                        3I
                     
                  
                  
                     
                        Amount of virgin hydrofluorocarbons exported for uses exempted under the Montreal Protocol 
                     
                  
                  
                     
                        The type of exempted use shall be specified"
                     
                  
               
               (4)
                     In Section, 4 the line referring to 4M of the table is replaced by the following:
            
         
         
            
                     
                        4M
                     
                  
                  
                     
                        Total amount physically placed on the market
                     
                  
                  
                     
                        4M = 1E + 2A – 2B – 3B + 4C – 4H
                     
                  
               
                (5)
                      In Section 12, the table is replaced by the following:
            
            
                     
                  
                  
                     
                        INFORMATION TO BE REPORTED
                     
                  
                  
                     
                        COMMENTS
                     
                  
               
                     
                        12A
                     
                  
                  
                     
                        Amount of hydrofluorocarbons charged into the imported equipment, released by customs for free circulation in the Union, for which the hydrofluorocarbons had previously been exported from the Union and which had been subject to the hydrofluorocarbon quota limitation for placing on the Union market
                     
                  
                  
                     
                        The hydrofluorocarbon exporting undertaking/s and the year/s of export shall be specified.
                     
                     
                        The undertaking/s having placed the hydrofluorocarbons on the Union market for the first time and the year/s of that placing on the market shall be specified.
                     
                  
               
               (6)
                     Section 13 is deleted.