Legal provisions of COM(2022)150 - Fluorinated greenhouse gases

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This page contains a limited version of this dossier in the EU Monitor.

dossier COM(2022)150 - Fluorinated greenhouse gases.
document COM(2022)150 EN
date February  7, 2024

Contents

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 41 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 42 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 an evaluation process established in accordance with paragraphs 1, 3 and 5.

5. The Commission shall, by means of implementing acts, establish the minimum requirements for certification programmes and training attestations. Those minimum requirements shall specify, for each type of equipment referred to in paragraphs 1 and 2, the required practical skills and theoretical knowledge, where appropriate, differentiating between different activities to be covered, the modalities of the certification or attestation as well as the conditions for mutual recognition of certificates and training attestations. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 34(2).

6. Member States shall establish or adapt certification programmes on the basis of the minimum requirements referred to in paragraph 5 for undertakings carrying out installation, servicing, maintenance, repair or decommissioning of the equipment listed in Article 5(2), points (a) to (f), containing fluorinated greenhouse gases listed in Annex I and Annex II, Section I, and other relevant alternatives to fluorinated greenhouse gases for other parties.

7. Existing certificates and training attestations issued in accordance with Regulation (EU) No 517/2014 shall remain valid, in accordance with the conditions under which they were originally issued.

8. By 1 January [OP, please insert the date = one year following the entry into force of this Regulation] Member States shall notify the Commission of certification and training programmes.

Member States shall recognise certificates and training attestations issued in another Member State in accordance with this Article. They shall not restrict the freedom to provide services or the freedom of establishment because a certificate was issued in another Member State.

9. The Commission may, by means of implementing acts, determine the format of the notification referred to in paragraph 8. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 34(2).

10. Any undertaking which assigns a task referred to in paragraph 1 to another undertaking shall take reasonable steps to ascertain that the latter holds the necessary certificates for the required tasks referred to in paragraph 1.

11. Where the obligations under this Article relating to the provision of certification and training would impose disproportionate burdens on a Member State because of the small size of its population and the consequent lack of demand for such training and certification, compliance may be achieved through the recognition of certificates issued in other Member States.

Member States applying this paragraph shall inform the Commission who shall inform other Member States.

12. This Article shall not prevent Member States from setting up further certification and training programmes in respect of equipment other than that referred to in paragraph 1.

CHAPTER III - RESTRICTIONS AND CONTROL OF USE

Article 11 - Restrictions on placing on the market and sale

1. The placing on the market of products and equipment, including parts thereof, listed in Annex IV, with an exemption for military equipment, shall be prohibited from the date specified in that Annex, differentiating, where applicable, according to the type or global warming potential of the gas contained.

Products and equipment unlawfully placed on the market after the date referred to in the first subparagraph, shall not be subsequently used or supplied, or made available to other persons within the Union for payment or free of charge or exported. Such products and equipment may only be stored or transported for subsequent disposal and for the recovery of the gas prior to the disposal pursuant to Article 8.

Two years following the individual dates listed in Annex IV, the subsequent supply or making available to another party in the Union for payment or free of charge of products or equipment lawfully placed on the market prior to the date referred to in the first subparagraph shall be allowed only if evidence is provided that the product or equipment was placed lawfully on the market prior to the date.

2. The prohibition set out in paragraph 1, first subparagraph, shall not apply to equipment for which it has been established in ecodesign requirements adopted under Directive 2009/125/EC that due to higher energy efficiency during its operation, its lifecycle CO2 equivalent emissions would be lower than those of equivalent equipment which meets relevant ecodesign requirements.

3. In addition to the placing on the market prohibition set out in Annex IV, point 1, the import, placing on the market, any subsequent supply, or making available to other persons within the Union for payment or free of charge, use or export of non-refillable containers for fluorinated greenhouse gases listed in Annex I and Annex II, Section 1, empty or fully or partially filled shall be prohibited. Such containers may only be stored or transported for subsequent disposal. This prohibition does not apply to containers for laboratory or analytical uses.

The paragraph applies to:

(a)containers which cannot be refilled without being adapted for that purpose (non-refillable); and

(b) containers that could be refilled but are imported or placed on the market without provision having been made for their return for refilling.

4. Following a substantiated request by a competent authority of a Member State and taking into account the objectives of this Regulation, the Commission may, exceptionally, by means of implementing acts, authorise an exemption for up to four years to allow the placing on the market of products and equipment listed in Annex IV, including parts thereof, containing fluorinated greenhouse gases or whose functioning relies upon those gases, where it is demonstrated that:

(a)for a specific product or a piece of equipment, or for a specific category of products or equipment, alternatives are not available, or cannot be used for technical or safety reasons; or

(b)the use of technically feasible and safe alternatives would entail disproportionate costs.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 34(2).

5. Only undertakings that hold a certificate required under Article 10(1), point (a) or the training attestation required under Article 10(2), or undertakings that employ persons holding such a certificate or a training attestation shall be allowed to purchase fluorinated greenhouse gases listed in Annex I or Annex II, Section 1, for the purpose of carrying out the installation, servicing, maintenance or repair of the equipment containing those gases, or whose functioning relies upon those gases, referred to in Article 5(2), points (a) to (g), and Article 10(2).

This paragraph shall not prevent non-certified undertakings, who do not carry out such activities, from collecting, transporting or delivering fluorinated greenhouse gases listed in Annex I and Annex II, Section 1.

6. Non-hermetically sealed equipment charged with fluorinated greenhouse gases listed in Annex I and Annex II, Section 1 may only be sold to an end user where evidence is provided that the installation is to be carried out by an undertaking certified in accordance with Article 10.

Article 12 - Labelling and product and equipment information

1. The following products and equipment that contain fluorinated greenhouse gases or whose functioning relies upon those gases listed in Annexes I and II, may only be placed on the market if they are labelled:

(a)refrigeration equipment;

(b)air-conditioning equipment;

(c)heat pumps;

(d)fire protection equipment;

(e)electrical switchgear;

(f)aerosol dispenser that contain fluorinated greenhouse gases, including metered dose inhalers;

(g)all fluorinated greenhouse gas containers;

(h)fluorinated greenhouse gas-based solvents;

(i)organic Rankine cycles.

2. Products or equipment subject to an exemption as referred to in Article 11 (4) shall be labelled accordingly and shall include a reference that those products or equipment may only be used for the purpose for which an exemption under that Article was granted.

3. The label required pursuant to paragraph 1 shall indicate the following information:

(a)an indication that the product or equipment contains fluorinated greenhouse gases or that its functioning relies upon those gases;

(b)the accepted industry designation for the fluorinated greenhouse gases concerned or, if no such designation is available, the chemical name;

(c)from 1 January 2017, the quantity expressed in weight and in CO2 equivalent of fluorinated greenhouse gases contained in the product or equipment, or the quantity of fluorinated greenhouse gases for which the equipment is designed, and the global warming potential of those gases.

The label shall indicate the following information, where applicable:

(a)a reference that the fluorinated greenhouse gases are contained in hermetically sealed equipment;

(b)a reference that the electrical switchgear has a tested leakage rate of less than 0,1 % per year as set out in the technical specification of the manufacturer.

4. The label required pursuant to paragraph 1 shall be clearly legible and indelible and shall be placed either:

(a)adjacent to the service ports for charging or recovering the fluorinated greenhouse gas; or

(b)on that part of the product or equipment that contains the fluorinated greenhouse gas.

The label shall be in the official languages of the Member State in which the good is to be placed on the market.

5. Foams and pre-blended polyols that contain fluorinated greenhouse gases listed in Annexes I and II shall not be placed on the market unless the fluorinated greenhouse gases are identified with a label using the accepted industry designation or, if no such designation is available, the chemical name. The label shall clearly indicate that the foam or pre-blended polyol contains fluorinated greenhouse gases. In the case of foam boards, that information shall be clearly and indelibly stated on the boards.

6. Reclaimed or recycled fluorinated greenhouse gases shall be labelled with an indication that the substance has been reclaimed or recycled, information on the batch number and the name and address of the reclamation or recycling facility in the Union.

7. Fluorinated greenhouse gases listed in Annex I and placed on the market for destruction shall be labelled with an indication that the contents of the container may only be destroyed.

8. Fluorinated greenhouse gases listed in Annex I and intended for direct export shall be labelled with an indication that the contents of the container may only be directly exported.

9. Fluorinated greenhouse gases listed in Annex I and placed on the market for use in military equipment shall be labelled with an indication that the contents of the container may only be used for that purpose.

10. Fluorinated greenhouse gases listed in Annexes I and II placed on the market for etching of semiconductor material or cleaning of chemicals vapour deposition chambers within the semiconductor manufacturing sector shall be labelled with an indication that the contents of the container may only be used for that purpose.

11. Fluorinated greenhouse gases listed in Annex I and placed on the market for feedstock use shall be labelled with an indication that the contents of the container may only be used as feedstock.

12. Fluorinated greenhouse gases listed in Annex I and placed on the market for producing metered dose inhalers for the delivery of pharmaceutical ingredients shall be labelled with an indication that the contents of the container may only be used for that purpose.

13. In case of hydrofluorocarbons, the label referred to in paragraphs 7 to 11 shall include the indication “exempted from quota under Regulation (EU) No …/… [OP: Please add reference to this Regulation]”.

In the absence of the labelling requirements referred to in the first subparagraph and in paragraphs 7 to 11, the hydrofluorocarbons shall be subject to the quota requirements pursuant to Article 16(1).

14. In the cases referred to in Annex IV, points 3, 8, 18(b) and (c), 19 and 20, the product shall be labelled with an indication that it may be used only where required by the safety standard to be specified. In the case referred to in Annex IV, points 20 and 22, the product shall be labelled with an indication that the product may only be used where required by the medical application to be specified.

15. The information referred to in paragraphs 3 and 5 shall be included in instruction manuals for the products and equipment concerned.

In the case of products and equipment that contain fluorinated greenhouse gases in Annexes I and II with a global warming potential of 150 or more that information shall also be included in descriptions used for advertising.

16. The Commission may, by means of implementing acts, determine the format of the labels referred to in paragraph 1 and paragraphs 4 to 14. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 34(2).

17. The Commission is empowered to adopt delegated acts in accordance with Article 32 amending the labelling requirements set out in paragraphs 4 to 14 where appropriate in view of commercial or technological development.

Article 13 - Control of use

1. The use of sulphur hexafluoride in magnesium die-casting and in the recycling of magnesium die-casting alloys is prohibited.

2. The use of sulphur hexafluoride to fill vehicle tyres is prohibited.

3. From 1 January 2024, the use of fluorinated greenhouse gases listed in Annex I, with a global warming potential of 2 500 or more, for the servicing or maintenance of refrigeration equipment is prohibited.

This paragraph shall not apply to military equipment or equipment intended for applications designed to cool products to temperatures below - 50 °C.

The prohibition referred to in the first subparagraph shall not apply to the following categories of fluorinated greenhouse gases until 1 January 2030:

(a)reclaimed fluorinated greenhouse gases listed in Annex I with a global warming potential of 2 500 or more used for the maintenance or servicing of existing refrigeration equipment, provided that they have been labelled in accordance with Article 12(6);

(b)recycled fluorinated greenhouse gases listed in Annex I with a global warming potential of 2 500 or more used for the maintenance or servicing of existing refrigeration equipment provided they have been recovered from such equipment. Such recycled gases may only be used by the undertaking which carried out their recovery as part of maintenance or servicing or the undertaking for which the recovery was carried out as part of maintenance or servicing.

The prohibition referred to in the first subparagraph shall not apply to refrigeration equipment for which an exemption has been authorised in accordance with Article 11(4).

4. The use of desflurane as inhalation anaesthetic is prohibited as from 1 January 2026, except when such use is strictly required and no other anaesthetic can be used on medical grounds. The user shall provide evidence, upon request, on the medical justification to the competent authority of the Member State and the Commission.

CHAPTER IV - PRODUCTION SCHEDULE AND REDUCTION OF THE QUANTITY OF HYDROFLUOROCARBONS PLACED ON THE MARKET

Article 14 - Production of hydrofluorocarbons

1. The production of hydrofluorocarbons is allowed to the extent that producers have been allocated productions rights by the Commission as set out in this Article.

2. The Commission shall, by means of implementing acts, allocate production rights on the basis of Annex V for producers that produced hydrofluorocarbons in 2022, based on data reported under Article 19 of Regulation (EU) No 517/2014. Such implementing acts shall be adopted in accordance with Article 34(2).

3. The Commission may, by means of implementing acts, at the request of the competent authority of a Member State, amend the implementing acts referred to in paragraph 2 in order to allocate additional production rights to the producers referred to in paragraph 2 or any other undertakings established in the Union, while respecting the production limits of the Member State under the Protocol. Such implementing acts shall be adopted in accordance with Article 34(2).

4. Three years following the adoption of the implementing acts referred to in paragraph 2, and every three years thereafter, the Commission shall review and amend if needed these implementing acts, taking into account the changes to the production rights pursuant to Article 15 during the preceding three years period. Such implementing acts shall be adopted in accordance with Article 34(2).

Article 15

Transfer and authorisation of production rights for industrial rationalisation

1. For the purpose of industrial rationalisation within a Member State, producers may transfer totally or partially their production rights to any other undertaking in that Member State, as long as the production limits of Parties under the Protocol are respected. Transfers shall be approved by the Commission and the relevant competent authorities and carried out via the F-gas Portal. 

2. For the purpose of industrial rationalisation between Member States, the Commission may, in agreement with both the competent authority of the Member State in which a producer’s relevant production is situated, and the competent authority of the Member State in which excess production rights are available, authorise via the F-gas Portal that producer to exceed its production referred to in Article 14(2) by a specified amount, considering conditions set out in the Protocol.

3. The Commission may, in agreement with both the competent authority of the Member State in which a producer’s relevant production is situated and the competent authority of the third country Party concerned, authorise a producer to combine the calculated levels of production referred to in Article 14(2) with the calculated levels of production allowed to a producer in a third country Party under the Protocol and that producer’s national legislation for the purpose of industrial rationalisation with a third country Party, provided that the combined calculated levels of production by the two producers do not lead to an exceedance of production rights under the Montreal Protocol and any relevant national legislation is respected.

Article 16 - Reduction of the quantity of hydrofluorocarbons placed on the market

1. The placing on the market of hydrofluorocarbons is only allowed to the extent that producers and importers have been allocated quotas by the Commission as set out in Article 17.

Producers and importers shall ensure that the quantities of hydrofluorocarbons they place on the market do not exceed their respective quota available to them at the moment of placing on the market.

2. Paragraph 1 shall not apply to hydrofluorocarbons that are:

(a)imported into the Union for destruction;

(b)used by a producer in feedstock applications or supplied directly by a producer or an importer to undertakings for use in feedstock applications;

(c)supplied directly by a producer or an importer to undertakings, for export out of the Union, not contained in products or equipment, where those hydrofluorocarbons are not subsequently made available to any other party within the Union, prior to export;

(d)supplied directly by a producer or an importer for use in military equipment;

(e)supplied directly by a producer or an importer to an undertaking using it for the etching of semiconductor material or the cleaning of chemicals vapour deposition chambers within the semiconductor manufacturing sector.

3. The Commission is empowered to adopt delegated acts in accordance with Article 32 to amend paragraph 2 and exclude from the quota requirement laid down in paragraph 1 hydrofluorocarbons in accordance with decisions of the Parties to the Protocol.

4. Following a substantiated request by a competent authority of a Member State and taking into account the objectives of this Regulation, the Commission may, exceptionally by means of implementing acts, authorise an exemption for up to four years to exclude from the quota requirement laid down in paragraph 1 hydrofluorocarbons for use in specific applications, or specific categories of products or equipment, where it is demonstrated in the request that:

(a)for those particular applications, products or equipment, alternatives are not available, or cannot be used for technical or safety reasons; and

(b)a sufficient supply of hydrofluorocarbons cannot be ensured without entailing disproportionate costs.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 34(2).

5. The emission of hydrofluorocarbons during production shall be considered as being placed on the market the year in which they occur.

6. This Article and Articles 17, 20 to 29 and 31 shall also apply to hydrofluorocarbons contained in pre-blended polyols.

Article 17 - Determination of reference values and allocation of quotas for placing hydrofluorocarbons on the market

1. By 31 October [OP: Please insert the year of application of this Regulation] and every three years thereafter, the Commission shall determine reference values for producers and importers in accordance with Annex VII for the placing on the market of hydrofluorocarbons.

The Commission shall determine those reference values for all importers and producers that imported or produced hydrofluorocarbons during the previous three years, by means of an implementing act determining references values for all importers and producers. Those implementing acts shall be adopted in accordance with the examination procedure referred to in 34(2).

2. An importer or producer may notify the Commission of a permanent succession or acquisition of the part of its business relevant to this Article, resulting in a change of the attribution of its and the legal successor’s reference values.

The Commission may request relevant documentation to this effect. The adjusted reference values shall be made accessible in the F-gas Portal.

3. By 1 April [OP: Please insert the year of application of this Regulation] and every three years thereafter, producers and importers may make a declaration for receiving quotas from the reserve referred in Annex VIII via the F-gas Portal.

4. By 31 December [PO: Please insert the year of application of this Regulation], and every year thereafter, the Commission shall allocate quotas for each importer and producer for placing hydrofluorocarbons on the market, pursuant to Annex VIII. Quotas shall be notified via the F-gas Portal to importers and producers.

5. The allocation of quotas is subject to the payment of the amount due which equals to three euro for each tonne of CO2 equivalent of quota to be allocated. Importers and producers shall be notified via the F-gas Portal of the total amount due for its calculated maximum quota allocation for the following calendar year and of the deadline for completing the payment. The Commission may, by means of implementing acts, determine the modalities and the detailed arrangements for the payment of the amount due. Those implementing acts shall be adopted in accordance with the examination procedure referred to in 34(2).

Importers and producers may pay only for a part of the calculated maximum quota allocation offered to them. In such a case, these importers and producers shall be allocated the quota corresponding to the payment made by the set deadline.

The Commission shall redistribute the quota for which a payment has not been made by the set deadline, free of charge, to only those importers and producers that have paid the total amount due for their calculated maximum quota allocation referred to in the first subparagraph and that have made a declaration referred to in paragraph 3. This distribution shall be made on the basis of each importer's or producer’s share of the sum of all the maximum calculated quota offered to and paid for in full by those importers and producers.

The Commission shall be authorised not to fully allocate the maximum quantity referred to in Annex VII or allocate additional quotas, as contingency for implementation issues during the allocation period.

6. The Commission is empowered to adopt delegated acts in accordance with Article 32 to amend paragraph 5 as regards the amounts due for the allocation of quota and the mechanism to allocate remaining quotas, where necessary to prevent major disruptions of the market of hydrofluorocarbons, or where the mechanism is not fulfilling its purpose and is having undesirable or unintended effects.

7. The revenue generated from the quota allocation amount shall constitute external assigned revenue in accordance with Article 21(5) of Regulation (EU, Euratom) No 2018/1046. That revenue shall be assigned to the LIFE programme and to Heading 7 of the multiannual financial framework (European Public Administration), to cover the costs of external staff working on the management of the quota allocation, IT services, and licensing systems for the purpose of implementation of this Regulation and for ensuring compliance with the Protocol. Any revenue remaining after covering these costs shall be entered into the general budget of the Union.

Article 18 - Conditions for registration and receiving quota allocations

1. Quotas shall only be allocated to producers or importers that have an establishment within the Union, or which have mandated an only representative with an establishment within the Union that assumes the full responsibility of complying with this Regulation. The only representative may be the same as the one mandated pursuant to Article 8 of Regulation (EC) No 1907/2006 of the European Parliament and of the Council 43 . 

2. Only importers and producers that have experience in trading activities of chemicals for three consecutive years prior to the quota allocation period, shall be allowed to submit a declaration referred to in Article 17(3) or receive a quota allocation on that basis pursuant to Article 17(4). The importers and producers shall submit evidence to this effect, on request, to the Commission.

3. For the purpose of registration in the F-gas Portal, importers and producers shall provide a physical address where the company is located and from where it conducts its business. Only one undertaking shall be registered under the same physical address.

For the purpose of submitting a quota declaration pursuant to Article 17(3) and receiving a quota allocation pursuant to Article 17(4) as well as for the purpose of determining reference values pursuant to Article 17(1), all undertakings that share the same beneficial owner, shall be considered as one single undertaking. Only that single undertaking, which is the one registered first in the registry unless indicated otherwise by the beneficial owner, shall be entitled to a reference value pursuant to Article 17(1) and a quota allocation pursuant to Article 17(4).

Article 19 - Pre-charging of equipment with hydrofluorocarbons

1. Refrigeration, air conditioning and heat pump equipment charged with hydrofluorocarbons shall not be placed on the market unless hydrofluorocarbons charged into the equipment are accounted for within the quota system referred to in this Chapter.

2. When placing pre-charged equipment as referred to in paragraph 1 on the market, manufacturers and importers of equipment shall ensure that compliance with paragraph 1 is fully documented and shall draw up a declaration of conformity in this respect.

By drawing up the declaration of conformity, manufacturers and importers of equipment shall assume responsibility for compliance with this paragraph and paragraph 1.

Manufacturers and importers of equipment shall keep this documentation and the declaration of conformity for a period of at least five years after the placing on the market of that equipment and shall make it available, on request, to the competent authorities of Member States and the Commission.

3. Where hydrofluorocarbons contained in the equipment referred to in paragraph 1 have not been placed on the market prior to the charging of the equipment, importers of that equipment shall ensure that, by 30 April [OP: Please insert the year of application of this Regulation] and every year thereafter, the accuracy of the documentation, the declaration of conformity and the veracity of their report pursuant to Article 26 is confirmed, for the preceding calendar year, at a reasonable level of assurance by an independent auditor registered in the F-gas Portal.

The independent auditor shall be either:

(a)accredited pursuant to Directive 2003/87/EC of the European Parliament and of the Council 44 ; or,

(b)accredited to verify financial statements in accordance with the legislation of the Member State concerned.

4. The Commission shall, by means of implementing acts, determine the detailed arrangements relating to the declaration of conformity referred to in paragraph 2, the verification by the independent auditor and of the accreditation of verifiers. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 34(2).

5. Importers of equipment referred to in paragraph 1, which has no establishment in the Union, shall mandate an only representative with an establishment within the Union that assumes the full responsibility of complying with this Regulation. The only representative may be the same as the one mandated pursuant to Article 8 of Regulation (EC) No 1907/2006.

6. This Article shall not apply to undertakings that placed on the market less than 100 tonnes of CO2 equivalent of hydrofluorocarbons, per year, contained in the equipment referred to in paragraph 1.

Article 20 - The F-gas Portal

1. The Commission shall set up and ensure the operation of an electronic system for the management of the quota system, licensing of imports and exports and reporting (‘the F-gas Portal’).

2. The Commission shall ensure the interconnection of the F-gas Portal with the European Union Single Window Environment for Customs through the European Union Customs Single Window - Certificate Exchange System established by Regulation (EU) No …/… [the full reference to be inserted once that Regulation has been adopted].

3. Member States shall ensure the interconnection of their national single window environments for customs with the European Union Customs Single Window - Certificate Exchange System for the purpose of exchanging information with the F-gas Portal.

4. Undertakings shall have a valid registration in the F-gas Portal prior to the import or export of fluorinated greenhouse gases and products and equipment containing fluorinated greenhouse gases or whose functioning relies upon those gases except in cases of temporary storage and for the following activities:

(a)submitting a declaration pursuant to Article 17(3);

(b)receiving a quota allocation for the placing on the market of hydrofluorocarbons in accordance with Article 17(4) or making or receiving a quota transfer in accordance with Article 21(1) or making or receiving an authorisation to use quota in accordance with Article 21(2) or delegating that authorisation to use quota in accordance with Article 21(3);

(c)supplying, or receiving hydrofluorocarbons for the purposes listed in points (a) to (e) of Article 16(2);

(d)for carrying out the activities that require reporting under Article 26;

(e)for receiving production rights pursuant to Article 14 and for making or receiving a transfer and an authorisation of production rights referred to in Article 15;

(f)for verifying reports referred to in Articles 19(3) and 26(8).

Registration shall be valid only once the Commission validates it and for as long as it is not suspended or revoked by the Commission or withdrawn by the undertaking.

5. A valid registration in the F-Gas Portal at the moment of import or export constitutes a licence required under Article 22.

6. The Commission shall, to the extent necessary, by means of implementing acts, ensure the smooth functioning of the F-gas Portal. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 34(2).

7. The competent authorities, including customs authorities, of the Member States shall have access to the F-gas Portal to enable the implementation of the relevant requirements and controls. Access to the F-gas Portal by customs authorities shall be ensured via the European Union Single Window Environments for Customs. 

The Commission and competent authorities of the Member States shall ensure the confidentiality of the data included in the F-gas Portal.

8. Any requests by importers and producers for corrections of the information recorded in the F-gas Portal, by themselves, concerning transfers of quota referred to in Article 21(1), authorisations to use quota referred to in Article 21(2) or delegations of authorisations referred to in Article 21(3), shall be communicated, with the consent of all undertakings involved in the transaction, to the Commission without undue delay and at the latest until 31 March of the year following the year of the recording of the transfer of quota or the authorisation to use quota and shall be substantiated with evidence establishing that it concerns a clerical error.

Notwithstanding the conditions set out in the first subparagraph, requests for corrections of data that negatively affect the entitlements of other importers and producers not involved in the underlying transaction shall be refused.

Article 21 - Transfer of quotas and authorisation to use quotas for the placing on the market of hydrofluorocarbons in imported equipment

1. Any producer or importer for whom a reference value has been determined pursuant to Article 17(1) may transfer in the F-gas Portal its quota allocation on the basis of Article 17(4), for all or any quantities, to another producer or importer in the Union or to another producer or importer which is represented in the Union by an only representative referred to in Article 18(1).

Transferred quota as referred to in the first subparagraph shall not be transferred a second time.

2. Any producer or importer for whom a reference value has been determined pursuant to Article 17(1), may authorize in the F-gas Portal an undertaking in the Union or represented in the Union by an only representative referred to in Article 19(5), to use all or part of its quota for the purpose of importing pre-charged equipment referred to in Article 19.

The respective quantities of hydrofluorocarbons shall be deemed to be placed on the market by the authorising producer or importer at the moment of the authorisation.

3. Any undertaking receiving authorisations may delegate that authorisation to use quota received in accordance with paragraph 2 in the F-gas Portal to an undertaking for the purpose of importing pre-charged equipment referred to in Article 19. A delegated authorisation shall not be delegated a second time.

4. Transfers of quota, authorisations to use quota and delegations of authorisations carried out via the F-gas Portal shall only be valid if the receiving undertaking accepts it via the F-gas Portal.

CHAPTER V

TRADE

Article 22 - Imports and exports

The import and export of fluorinated greenhouse gases and products and equipment containing those gases or whose functioning relies upon those gases except in cases of temporary storage, is subject to the presentation of a valid licence to customs authorities pursuant to Article 20(4).

Fluorinated greenhouse gases imported into the Union shall be considered as virgin gases.

Article 23 - Controls of trade

1. Customs authorities and market surveillance authorities shall enforce the prohibitions and other restrictions set out in this Regulation with regards to imports and exports.

2. For the purpose of release for free circulation, the undertaking holding quota or authorisations to use quota as required under this Regulation and registered in the F-gas Portal pursuant to Article 20 shall be the importer indicated in the customs declaration.

For the purpose of imports, other than release for free circulation, the undertaking registered in the F-gas Portal pursuant to Article 20 shall be the declarant indicated in the customs declaration.

For the purpose of exports, the undertaking registered in the F-gas Portal pursuant to Article 20 shall be the exporter indicated in the customs declaration.

3. In cases of imports of fluorinated greenhouse gases and of products and equipment containing those gases or whose functioning relies upon those gases the importer, or where not available the declarant, indicated in the customs declaration or in the temporary storage declaration, and in cases of exports the exporter indicated in the customs declaration, shall provide to customs authorities in the declaration the following, where relevant:

(a)the F-gas Portal registration identification number;

(b)the Economic Operators Registration and Identification (EORI) number;

(c)the net mass of bulk gases and of gases charged in products and equipment;

(d)the commodity code under which the goods are classified;

(e)the tonnes of CO2 equivalent of bulk gases and of gases contained in products or equipment, and parts thereof.

4. Customs authorities shall verify, in particular, that in cases of release for free circulation, the importer indicated in the customs declaration has quota or authorisations to use quota as required by this Regulation before releasing the goods for free circulation. Customs authorities shall also ensure that in cases of imports the importer indicated in the customs declaration, or where not available the declarant, and in cases of exports the exporter, indicated in the customs declaration is registered in the F-gas Portal pursuant to Article 20.

5. Where relevant, customs authorities shall communicate information regarding the customs clearance of goods to the F-gas Portal via the European Union Single Window Environment for Customs.

6. Importers of fluorinated greenhouse gases listed in Annex I and Annex II, Section 1, in refillable containers shall make available to customs authorities, at the time the customs declaration related to the release for free circulation is submitted, a declaration of conformity including evidence confirming the arrangements in place for the return of the container for the purpose of refilling. 

7. Importers of fluorinated greenhouse gases shall make available to customs authorities, at the time the customs declaration related to the release for free circulation in the Union is submitted, the evidence referred to in Article 4(5).

8. The declaration of conformity and the documentation referred to in Article 19(2) shall be made available to customs authorities at the time the customs declaration related to the release for free circulation in the Union is submitted.

9. Customs authorities shall verify compliance with the rules on imports and exports set out in this Regulation when carrying out the controls based on risk analysis in the context of Customs Risk Management Framework and in accordance with Article 46 of Regulation (EU) No 952/2013. The risk analysis shall take into account, in particular, any available information on the likelihood of illegal trade of fluorinated greenhouse gases, and the compliance history of the undertaking concerned.

10. Based on risk analysis, when carrying out physical customs controls of the gases and products covered under this Regulation, the customs authority shall, in particular, verify the following on imports and exports:

(a)that the goods presented correspond to those described in the licence and in the customs declaration;

(b)that the product or equipment presented does not fall under the restrictions referred to in Article 11(1) and (3);

(c)that the goods are appropriately labelled in accordance with Article 12 before releasing the goods for free circulation.

The importer, or where not available the declarant, or exporter shall make their licence available to customs authorities during controls in accordance with Article 15 of Regulation (EU) No 952/2013.     

11. Customs authorities or market surveillance authorities shall take all necessary measures to prevent attempts to import or export the substances and the products covered under this Regulation that were already not allowed to enter or exit the territory.

12. Customs authorities shall confiscate or seize non-refillable containers prohibited by this Regulation for disposal in accordance with Articles 197 and 198 of Regulation (EU) 952/2013. Market surveillance authorities shall also withdraw or recall from the market such containers in accordance with Article 16 of Regulation (EU) No 2019/1020 of the European Parliament and the Council 45 .

For other substances and products and equipment covered by this Regulation, alternative measures may be taken to prevent unlawful import, further supply, or export, in particular in cases of hydrofluorocarbons placed on the market in bulk or charged in products and equipment in violation of the quota and authorisation requirements set out in this Regulation.

The re-export of gases and products and equipment that do not comply with this Regulation is prohibited.

13. Member States customs authorities shall designate or approve customs offices or other places and shall specify the route to those offices and places, in accordance with Articles 135 and 267 of Regulation (EU) No 952/2013, for the presentation to customs of the fluorinated greenhouse gases listed in Annex I and of the products and equipment referred to in Article 19 at their entry into or at their exit from the customs territory of the Union. Those customs offices or places shall be sufficiently equipped to carry out the relevant physical controls based on risk analysis, and shall be knowledgeable on matters related to the prevention of illegal activities by this Regulation.

Only the designated or approved places and customs offices referred to in the first subparagraph shall be authorised to open or end a transit procedure of the gases and products or equipment covered by this Regulation.

Article 24 - Measures to monitor illegal trade

The Commission is empowered to adopt delegated acts in accordance with Article 32 to supplement this Regulation by establishing additional measures to those set out in this Regulation for the monitoring of fluorinated greenhouse gases and of products and equipment containing those gases or whose functioning relies upon those gases placed under temporary storage, or a customs procedure including customs warehousing or free zone procedure or in transit through the customs territory of the Union, on the basis of an evaluation of the potential risks of illegal trade linked to such movements, including tracing methodologies for gases placed on the market, taking into account the environmental benefits and socio-economic impacts of such measures.

Article 25 - Trade with states or regional economic integration organisations and territories not covered by the Protocol

1. Import and export of hydrofluorocarbons and of products and equipment containing, hydrofluorocarbons or whose functioning relies upon those gases from and to any state or regional economic integration organisation that has not agreed to be bound by the provisions of the Protocol applicable to those gases shall be prohibited as from 1 January from 2028. 

2. The Commission is empowered to adopt delegated acts in accordance with Article 32 to supplement this Regulation by establishing the rules applicable to the release for free circulation in the Union and export of products and equipment imported from and exported to any State or regional economic integration organisation subject to paragraph 1, which were produced using hydrofluorocarbons but do not contain gases which can be positively identified as hydrofluorocarbons, as well as rules on the identification of such products and equipment. When adopting those delegating acts the Commission shall take into account the relevant decisions taken by the Parties to the Protocol and, as regards the rules on the identification of such products and equipment, periodical technical advice given to the Parties to the Protocol.

3. By way of derogation from paragraph 1, trade with any state or regional economic integration organisation subject to paragraph 1 in hydrofluorocarbons and equipment containing hydrofluorocarbons or whose functioning replies upon those gases or which are produced by means of one or more such gases may be authorised by the Commission, by means of implementing acts, to the extent that the state or regional economic integration organisation is determined by a meeting of the Parties to the Protocol pursuant to Article 4(8) of the Protocol to be in full compliance with the Protocol and has submitted data to that effect as specified in Article 7 of the Protocol. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 34(2). 

4. Subject to any decision taken under paragraph 2, paragraph 1 shall apply to any territory not covered by the Protocol in the same way as such decisions apply to any state or regional economic integration organisation subject to paragraph 1.

5. Where the authorities of a territory not covered by the Protocol are in full compliance with the Protocol and have submitted data to that effect as specified in Article 7 of the Protocol, the Commission may decide, by means of implementing acts, that some or all of the provisions of paragraph 1 of this Article shall not apply in respect of that territory. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 34(2).

CHAPTER VI

REPORTING AND COLLECTION OF EMISSION DATA

Article 26 - Reporting by undertakings

1. By 31 March [OP: Please insert the year of application of this Regulation], and every year thereafter, each producer, importer and exporter that produced, imported or exported hydrofluorocarbons or quantities exceeding one metric tonne or 100 tonnes of CO2 equivalent of other fluorinated greenhouse gases during the preceding calendar year shall report to the Commission the data specified in Annex IX on each of those substances for that calendar year. This paragraph shall also apply to all undertakings receiving quotas pursuant to Article 21(1).

By 31 March [OP: Please insert the year of application of this Regulation], and every year thereafter, each importer or producer that has been allocated quota pursuant to Article 17(4), or has received quotas pursuant to Article 21(1) but has not placed any quantities of hydrofluorocarbons on the market during the preceding calendar year, shall report to the Commission by submitting a ‘nil-report’.

2. By 31 March [OP: Please insert the year of application of this Regulation], and every year thereafter, each undertaking that destroyed hydrofluorocarbons or quantities exceeding one metric tonne or 100 tonnes of CO2 equivalent of other fluorinated greenhouse gases during the preceding calendar year shall report to the Commission the data specified in Annex IX on each of those substances for that calendar year.

3. By 31 March [[OP: Please insert the year of application of this Regulation], each undertaking that used 1 000 tonnes of CO2 equivalent or more of fluorinated greenhouse gases listed in Annex I as feedstock during the preceding calendar year shall report to the Commission the data specified in Annex IX on each of those substances for that calendar year.

4. By 31 March [OP: Please insert the year of application of this Regulation], each undertaking that placed 100 tonnes of CO2 equivalent or more of hydrofluorocarbons, or 500 tonnes of CO2 equivalent or more of other fluorinated greenhouse gases, contained in products or equipment on the market during the preceding calendar year shall report to the Commission the data specified in Annex IX on each of those substances for that calendar year.

5. By 31 March [OP: Please insert the year of application of this Regulation], and every year thereafter, each undertaking that received any quantities of hydrofluorocarbons referred to in Article 16(2) shall report to the Commission the data specified in Annex IX on each of those substances for that calendar year.

By 31 March [OP: Please insert the year of application of this Regulation], and every year thereafter, each producer or importer that placed on the market hydrofluorocarbons for the purpose of producing metered dose inhalers for the delivery of pharmaceutical ingredients shall report to the Commission the data specified in Annex IX. The manufactures of such metered dose inhalers shall report to the Commission the data specified in Annex IX on the hydrofluorocarbons received.

6. By 31 March [OP: Please insert the year of application of this Regulation], and every year thereafter, each undertaking that reclaimed quantities exceeding 1 metric tonne or 100 tonnes of CO2 equivalent of fluorinated greenhouse gases shall report to the Commission the data specified in Annex IX on each of those substances for that calendar year.

7. By 30 April [OP: Please insert the year of application of this Regulation], each importer of equipment that placed on the market pre-charged equipment as referred to in Article 19 containing at least 1 000 tonnes of CO2 equivalent hydrofluorocarbons, and where those hydrofluorocarbons have not been placed on the market prior to the charging of the equipment, shall submit to the Commission a verification report issued pursuant to Article 19(3).

8. By 30 April [OP: Please insert the year of application of this Regulation], and every year thereafter, each undertaking which under paragraph 1 reports on the placing on the market of 1 000 tonnes of CO2 equivalent or more of hydrofluorocarbons during the preceding calendar year shall, in addition, ensure that the veracity of its report is confirmed, at a reasonable level of assurance, by an independent auditor. The auditor shall be registered in the F-gas Portal and shall be either:

(a)accredited pursuant to Directive 2003/87/EC; or

(b)accredited to verify financial statements in accordance with the legislation of the Member State concerned.

Transactions referred to in Article 16(2), point (c), of shall be verified regardless of the quantities involved.

The Commission may request an undertaking to ensure that the veracity of its report is confirmed at a reasonable level of assurance, by an independent auditor, regardless of the quantities involved, where needed to confirm its compliance with the rules under this Regulation. 

The Commission may, by means of implementing acts, specify the details of the verification of reports and of the accreditation of verifiers. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 34(2).

9. All reporting and verification referred to in this Article shall be carried out via the F-gas Portal.

The Commission may, by means of implementing acts, determine the format of submitting the reports referred to in this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 34(2).

Article 27 - Collection of emissions data

Member States shall establish reporting systems for the relevant sectors referred to in this Regulation, with the objective of acquiring emissions data.

Member States shall, where appropriate, enable the recording of the information collected in accordance with Article 7 via a centralised electronic system.

CHAPTER VII

ENFORCEMENT

Article 28 - Cooperation and exchange of information

1. The competent authorities of Member States, including customs authorities, market surveillance authorities, environmental authorities and other authorities with inspection functions, shall cooperate with each other, with the competent authorities of other Member States, with the Commission, and if necessary, with administrative authorities of third countries in order to ensure compliance with this Regulation.

When cooperation with customs authorities is needed to ensure a proper implementation of the customs risk management framework, competent authorities shall provide all necessary information to customs in accordance with Article 47(2) of Regulation (EU) 952/2013.

2. When customs authorities, market surveillance authorities or any other competent authority of a Member State have detected an infringement of this Regulation, that competent authority shall notify the environmental authority or if not relevant any other authority responsible for the enforcement of penalties in accordance with Article 31.

3. Member States shall ensure that their competent authorities are able to efficiently have access to and exchange between them any information necessary for the enforcement of this Regulation. Such information shall include customs related data, information on ownership and financial status, any environmental violations, as well as data recorded in the F-gas Portal. 

That information shall also be made available to competent authorities of other Member States and to the Commission when needed to ensure the enforcement of this Regulation. Competent authorities shall immediately inform the Commission of infringements of Article 16(1).

4. Competent authorities shall alert competent authorities of other Member States when they detect infringement of this Regulation that may affect more than one Member State. Competent authorities shall, in particular, inform competent authorities of other Member States when they detect a relevant product on the market that is not compliant with this Regulation, to enable that it is seized, confiscated, withdrawn or recalled from the market for disposal.

The Customs Risk Management System shall be used for the exchange of customs risk-related information.

Customs authorities shall also exchange any relevant information related to infringement of the provisions of this Regulation in accordance with Regulation (EC) No 515/97 of the European Parliament and of the Council 46 and shall request assistance from the other Member States and the Commission where relevant.

Article 29 - Obligation to carry out checks

1. The competent authorities of Member States shall carry out checks to establish whether undertakings comply with their obligations under this Regulation.

2. The checks shall be carried out following a risk-based approach, which takes into consideration in particular, the history of compliance of undertakings, the risk of non-compliance of a specific product with this Regulation, and any other relevant information received from the Commission, national customs authorities, market surveillance authorities and environmental authorities or from competent authorities of third countries.

Competent authorities shall also conduct checks when they are in possession of evidence or other relevant information, including based on substantiated concerns provided by third parties, concerning potential non-compliance with this Regulation.

The competent authorities of the Member States shall also carry out the checks that the Commission considers necessary to ensure compliance with this Regulation.

3. Checks referred to in paragraphs 1 and 2, shall include on-site visits of establishments with the appropriate frequency and verification of relevant documentation and equipment.

Checks shall be carried out without prior warning of the undertaking, except where prior notification is necessary in order to ensure the effectiveness of the checks. Member States shall ensure that undertakings afford the competent authorities all necessary assistance to enable those authorities to carry out the checks provided for by this Article.

4. The competent authorities shall keep records of the checks indicating in particular their nature and results, as well as on the measures taken in case of non-compliance. Records of all checks shall be kept for at least five years.

5. At the request of another Member State, a Member State may conduct checks on undertakings suspected of being engaged in the illegal movement of the gases and products and equipment covered by this Regulation and which are operating on the territory of that Member State. The requesting Member State shall be informed about the result of the check.

6. In carrying out the tasks assigned to it by this Regulation, the Commission may request all necessary information from the competent authorities of the Member States and from undertakings. When requesting information from an undertaking the Commission shall at the same time forward a copy of the request to the competent authority of the Member State within the territory of which the undertaking’s seat is situated. 

7. The Commission shall take appropriate steps to promote an adequate exchange of information and cooperation between competent authorities of the Member States and between competent authorities of the Member States and the Commission. The Commission shall take appropriate steps to protect the confidentiality of information obtained under this Article. 

Article 30 - Reporting of breaches and protection of reporting persons

Directive (EU) 2019/1937 shall apply to the reporting of breaches of this Regulation and the protection of persons reporting such breaches.

CHAPTER VIII

PENALTIES, CONSULTATION FORUM, COMMITTEE PROCEDURE, AND EXERCISE OF DELEGATION

Article 31 - Penalties

1. Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. Member States shall, by 1 January [OP please insert the year = 1 year following the date of entry into force of this Regulation] notify the Commission of those rules and of those measures and shall notify it, without delay, of any subsequent amendment affecting them.

2. Without prejudice to the obligations of Member States under Directive 2008/99/EC, Member States shall, in accordance with national law, provide for competent authorities to have the power to impose appropriate administrative penalties and take other administrative measures in relation to those infringements.

3. Member States shall ensure that level and type of penalties are appropriate and proportionate and are applied considering at least to the following criteria:

(a)the nature and gravity of the infringement;

(b)the intentional or negligent character of the infringement;

(c)any previous infringements of this Regulation by the undertaking held responsible;

(d)the financial situation of the undertaking held responsible;

(e)the economic benefits derived or expected to be derived from the infringement.

4. The Member States shall ensure that their competent authorities are able to at least impose the following penalties in case of infringements of this Regulation:

(a)fines;

(b)confiscation or seizure of illegally obtained goods or of revenues gained by the undertaking from the infringement;

(c)suspension or revocation of the authorisation to carry out activities where those fall under the scope of this Regulation.

5. In cases of unlawful production, import, export, placing on the market, or use of fluorinated greenhouse gases or of products and equipment containing those gases or whose functioning relies on those gases, Member States shall envisage maximum administrative fines of at least five times the market value of the concerned gases or products and equipment concerned. In case of a repeated infringement within a five-year period, the Member States shall envisage maximum administrative fines of at least eight times the value of the gases or products and equipment concerned.

In cases of infringements of Article 4(1), the potential impact on the climate shall be reflected by taking into account the carbon price in the determination of an administrative fine.

6. In addition to the penalties referred to in paragraph 1, undertakings that have exceeded their quota for placing hydrofluorocarbons on the market, allocated in accordance with Article 17(4) or transferred to them in accordance with Article 21(1), may only be allocated a reduced quota allocation for the allocation period after the excess has been detected.

The amount of reduction shall be calculated as 200 % of the amount by which the quota was exceeded. If the amount of the reduction is higher than the amount to be allocated in accordance with Article 17(4) as a quota for the allocation period after the excess has been detected, no quota shall be allocated for that allocation period and the quota for the following allocation periods shall be reduced likewise until the full amount has been deducted. The reduction(s) shall be recorded in the F-gas Portal.

Article 32 - Exercise of the delegation

1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

2. The power to adopt delegated acts referred to in Article 8(8), Article 12(17), Article 16(3), 17(6), Article 24, Article 25(2) and Article 35 shall be conferred on the Commission for an indeterminate period of time [from the date of application of the Regulation].

3. The delegation of power referred to in Article 8(8), Article 12(17), Article 16(3), Article 17(6), Article 24, Article 25(2) and Article 35 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Inter-institutional Agreement of 13 April 2016 on Better Law-Making.

5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

6. A delegated act adopted pursuant to in Article 8(8), Article 12(17), Article 16(3), Article 17(6), Article 24, Article 25(2) and Article 35 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

Article 33 - Consultation Forum

The Commission shall establish a Consultation Forum for providing advice and expertise in relation to the implementation of this Regulation. The rules of procedure of the Consultation Forum shall be established by the Commission and shall be published.

Article 34 - Committee procedure

1. The Commission shall be assisted by a committee on fluorinated greenhouse gases. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

CHAPTER IX

TRANSITIONAL AND FINAL PROVISIONS

Article 35 - Review

The Commission is empowered to adopt delegated acts in accordance with Article 32 to amend Annexes I, II III and VI as regards the global warming potential of the listed gases, where it is necessary in the light of new Assessment Reports adopted by the Intergovernmental Panel on Climate Change or new reports of the Scientific Assessment Panel (SAP) of the Montreal Protocol.  

By 1 January 2033, the Commission shall publish a report on the implementation of this Regulation.

Article 36 - Repeal

Regulation (EU) No 517/2014 is repealed.

References to Regulation (EU) No 517/2014 shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex X.

Article 37 -  Amendment to Directive (EU) No 2019/1937

In Part I, Section E, point 2, of the Annex to Directive (EU) No 2019/1937, the following point is added:

Regulation (EU) No [OP: please insert the number of this 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 [OP: please insert the OJ reference to this Regulation]’.

Article 38 - Entry into force and application

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

It shall apply from 1 January [OP: Please insert the year following the year of entry into force of this Regulation].

Articles 20(2), 20(3) and 23(5) shall apply from:

(a)[[1 March 2023] date = the application date specified in Regulation of the European Parliament and of the Council establishing the European Union Single Window Environment for Customs and amending Regulation (EU) No 952/2013 in the Annex for the part concerning fluorinated greenhouse gases] for release for free circulation referred to in Article 201 of Regulation (EU) 952/2013;

(b)[[1 March 2025] date = the application date specified in Regulation of the European Parliament and of the Council establishing the European Union Single Window Environment for Customs and amending Regulation (EU) No 952/2013 in the Annex for the part concerning fluorinated greenhouse gases] for import procedures other than the one referred to in point (a), and export.

Article 17(5) shall apply from [OP: Please insert the year following the year of the application of this Regulation].

This Regulation shall be binding in its entirety and directly applicable in all Member States.