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Environmental Protection (Controls On Ozone-Depleting Substances) Act 2014


Published: 2014-06-12

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Environmental Protection (Controls on Ozone-Depleting Substances)

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

2014-13

ENVIRONMENTAL PROTECTION (CONTROLS ON

OZONE-DEPLETING SUBSTANCES) ACT 2014

Principal Act

Act. No. 2014-13 Commencement 12.6.2014

Assent 11.6.2014

Amending

enactments

Relevant current

provisions

Commencement

date

LN. 2014/257 Long title rr. 2,3, 4(1A), (3)(a), 7, 8,

9(2), 11, 12, 13(1)(a), Sch. 2 & 3

1.1.2015

Transposing:

Regulation (EC) No 1005/2009

Regulation (EU) No 744/2010

Regulation (EU) No 517/2014

EU Legislation/International Agreements involved:

_________________

ARRANGEMENT OF SECTIONS

Section

1. Title and Commencement.

2. Interpretation.

3. The competent authority.

4. Offences.

5. Penalties.

6. Offences by bodies corporate.

7. Enforcement.

8. Authorisation by the enforcing authority.

9. Enforcement notices.

10. Appeals against enforcement notices.

11. Powers of the Minister.

12. Power to seize and detain.

13. Review.

14. Repeal.

SCHEDULE 1

Meaning of “offshore installation”

SCHEDULE 2

Offences for breach of the EU Regulation

Environmental Protection (Controls on Ozone-Depleting Substances)

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2014-13

SCHEDULE 3

Offences for breach of the F-Gas Regulation

Environmental Protection (Controls on Ozone-Depleting Substances)

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2014-13

AN ACT TO GIVE EFFECT IN THE LAW OF GIBRALTAR TO

REGULATION (EC) NO 1005/2009 OF THE EUROPEAN

PARLIAMENT AND OF THE COUNCIL OF 16 SEPTEMBER 2009 ON

SUBSTANCES THAT DEPLETE THE OZONE LAYER AS AMENDED

BY COMMISSION REGULATION (EU) NO 744/2010 OF 18 AUGUST

2010 WITH REGARD TO THE CRITICAL USES OF HALONS AND TO

REGULATION (EU) NO 517/2014 OF THE EUROPEAN PARLIAMENT

AND OF THE COUNCIL OF 16 APRIL 2014 ON FLUORINATED

GREENHOUSE GASES AND REPEALING REGULATION (EC) NO

842/2006.

Title and Commencement.

1. This Act may be cited as the Environmental Protection (Controls on

Ozone-Depleting Substances) Act 2014 and comes into operation on the day

of publication.

Interpretation.

2.(1) In this Act–

“authorised person” means a person authorised by the Environmental

Agency or the Minister under section 8;

“controlled substances” means the substances in-

(a) Annex 1 of the Ozone Regulation as amended from time to

time; and

(b) Annex 1 of the F-Gas Regulation as amended from time to

time;

“enforcement notice” has the meaning given by section 9(1);

“enforcing authority” means a body or person enforcing the EU

Regulations under section 7;

“export” and “import” have the meaning given in Article 3 of the Ozone

Regulation;

“the EU Regulations” means the Ozone Regulation and the F-Gas

Regulation;

“the F-Gas Regulation” means Regulation (EU) No 517/2014 of the

European Parliament and of the Council of 16 April 2014 on

Fluorinated Greenhouse Gases and Repealing Regulation (EC) No

842/2006 as the same may be amended from time to time, and set

out in Schedule 4 for information purposes;

Environmental Protection (Controls on Ozone-Depleting Substances)

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2014-13

“the Minister” means the Minister with responsibility for the

environment; and

“offshore installation” has the meaning given by Schedule 1;

“the Ozone Regulation” means Regulation (EC) No 1005/2009 of the

European Parliament and of the Council on substances that deplete

the ozone layer as amended by Commission Regulation (EU) No

744/2010 of 18 August 2010.

(2) Unless the context otherwise requires expressions used in this Act and

in the EU Regulations have the same meaning in this Act as they have in

the EU Regulations.

The competent authority.

3. The Minister shall be the competent authority for the purposes of the EU

Regulations.

Offences.

4.(1) Any person who breaches a provision of the Ozone Regulation set out

in Schedule 2 commits an offence.

(1A) Any person who breaches a provision of the F-Gas Regulation set

out in Schedule 3 commits an offence.

(2) Failure to comply with any of the following is an offence–

(a) an enforcement notice;

(b) a notice under section 11.

(3) It is an offence–

(a) intentionally to obstruct any person acting in the execution or

enforcement of the EU Regulations;

(b) without reasonable cause, to fail to give to any such person any

assistance or information which that person may reasonably

require for those purposes;

(c) to furnish to any such person any information knowing it to be

false or misleading; or

(d) to fail to produce a document or record to any such person

when required to do so.

Penalties.

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2014-13

5. A person guilty of an offence under this Act is liable–

(a) on summary conviction, to a fine not exceeding the statutory

maximum on the standard scale; or

(b) on conviction on indictment, to a fine.

Offences by bodies corporate.

6. If an offence under this Act committed by a body corporate is proved–

(a) to have been committed with the consent or connivance of an

officer; or

(b) to be attributable to any neglect on the part of an officer,

the officer, as well as the body corporate, is guilty of the offence and liable

to be proceeded against and punished accordingly.

(2) In subsection (1) “officer”, in relation to a body corporate means–

(a) a director, manager, secretary or other similar officer of the

body; or

(b) a person purporting to act in any such capacity.

(3) If the affairs of a body corporate are managed by its members,

subsection (1) applies in relation to the acts and defaults of a member in

connection with the member’s functions of management as it applies to an

officer of a body corporate.

Enforcement.

7.(1) The Environmental Agency enforces the EU Regulations.

(2) In relation to–

(a) cases of a particular description; or

(b) a particular case,

the Minister may direct that the EU Regulations be enforced by him instead.

(3) The Minister enforces the EU Regulations in relation to offshore

installations.

Authorisation by the enforcing authority.

Environmental Protection (Controls on Ozone-Depleting Substances)

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2014-13

8. An enforcing authority may by notice in the Gazette authorise such

persons as may be required for the purposes of enforcing the EU

Regulations.

Enforcement notices.

9.(1) An enforcement notice is a notice requiring a person to take specified

steps to remedy or avert a contravention.

(2) An authorised person who is of the opinion that a person has

contravened, is contravening or is likely to contravene a provision of the EU

Regulations may serve an enforcement notice on that person.

(3) An enforcement notice must–

(a) state that the authorised person is of that opinion;

(b) specify the matters constituting the contravention or the

matters making it likely that the contravention will arise, as the

case may be;

(c) specify the steps that must be taken to remedy or avert the

contravention;

(d) specify the period within which those steps must be taken; and

(e) state–

(i) that the person on whom the notice is served has the

right of appeal to the magistrate’s court; and

(ii) the period within which the appeal may be brought.

(4) An authorised person may at any time withdraw an enforcement

notice.

(5) A person on whom an enforcement notice is served must comply with

it at their own expense.

(6) If an enforcement notice is not complied with, the enforcing authority

may arrange for it to be complied with at the expense of the person on

whom it was served.

Appeals against enforcement notices.

10.(1) A person who is aggrieved by an enforcement notice may appeal

against it.

(2) The right of appeal is to the magistrate’s court.

Environmental Protection (Controls on Ozone-Depleting Substances)

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2014-13

(3) The procedure on an appeal to the magistrate’s court is by way of

complaint and the Magistrates’ Court Act applies to the proceedings.

(4) An appeal may be brought not later than 28 days after the date on

which the enforcement notice is served.

(5) An enforcement notice is not suspended pending an appeal unless the

court orders otherwise.

(6) On appeal the court may either cancel the notice or confirm it, with or

without modification.

Powers of the Minister.

11. The Minister may by notice require a person in possession of a

controlled substance, or a product or equipment containing or relying on a

controlled substance, that has been produced, placed on the market or

imported or is intended to be or is being exported, in contravention of the

EU Regulations, to dispose of it or otherwise render it harmless in

accordance with the notice.

Power to seize and detain.

12.(1) A customs officer may seize and detain any controlled substance or

product or equipment containing or relying on a controlled substance which

the customs officer believes is being–

(a) imported in contravention of Article 15 of the Ozone

Regulation; or

(aa) imported in contravention of Article 11 or 12 of the F-Gas

Regulation;

(b) exported in contravention of Article 17 of the Ozone

Regulation.

(2) Anything seized and detained under subsection (1)–

(a) may be detained in the custody of the Collector of Customs

until either proceedings are completed or it is decided that that

no such proceedings shall be brought; and

(b) must be dealt with during the period of its detention in such

manner as the Collector of Customs may direct.

(3) In this section–

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2014-13

“customs officer” has the meaning as in section 2 of the Imports and

Exports Act, 1986; and

“working day” means any day other than a Saturday, a Sunday,

Christmas Day, Good Friday or a day which is a bank holiday

under the Banking and Financial Dealings Act.

Review.

13.(1) Before the end of each review period, the Minister must–

(a) carry out a review of this Act with respect to the Ozone

Regulation;

(b) set out the conclusions of the review in a report; and

(c) publish the report.

(2) The report must in particular–

(a) set out the objectives intended to be achieved by this Act;

(b) assess the extent to which the objectives have been achieved;

and

(c) assess whether the objectives remain appropriate and, if so, the

extent to which they could be achieved in a less burdensome

way.

(3) The first review period is the period of five years beginning with the

day on which this Act comes into force.

(4) Each subsequent review period is a period of five years beginning with

the date on which the report of the preceding review was published.

Repeal.

14. The Environmental Protection (Controls on Substances that Deplete the

Ozone Layer) Act 1997 is repealed.

Environmental Protection (Controls on Ozone-Depleting Substances)

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

2014-13

SCHEDULE 1

Section 2(1)

Meaning of “offshore installation”

1.(1) “Offshore installation” means an installation or structure, other than a

ship, used for carrying on an activity in sub-paragraph (2) which is situated

in the waters of, or on or under the seabed in, the marine area.

(2) The activities are–

(a) the exploitation, or the exploration with a view to exploitation,

of mineral resources in or under the shore or bed of waters in

the marine area;

(b) the exploration of a place in, under or over such waters with a

view to the storage of gas;

(c) the conversion of a place under the shore or bed of such waters

for the purpose of storing gas;

(d) the storage of gas in, under or over such waters or the recovery

of gas so stored;

(e) the unloading of gas at a place in, under or over such waters;

(f) the conveyance of things by means of a pipe, or system of

pipes, constructed or placed on, in or under the shore or bed of

such waters; or

(g) the provision of accommodation for persons who work on or

from an installation which is or has been maintained, or is

intended to be established, for the carrying on of an activity in

this sub-paragraph.

(3) In sub-paragraph (1) “marine area” means the tidal waters and parts of

the sea in or adjacent to Gibraltar up to the seaward limits of the territorial

sea.

(4) In sub-paragraph (2)–

(a) references (in whatever form) to storing gas include storing gas

with a view to its permanent disposal; and

(b) “gas” means–

Environmental Protection (Controls on Ozone-Depleting Substances)

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2014-13

(i) any substance which is gaseous at a temperature of 15oC

and a pressure of 101.325 kPa (1013.25 mb); or

(ii) carbon dioxide.

Environmental Protection (Controls on Ozone-Depleting Substances)

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2014-13

SCHEDULE 2

Section 4(1)

Offences for breach of the EU Regulations

Provision of the EU Subject matter

Regulation

Article 4 Production of controlled substances

Article 5(1) Placing on the market and use of controlled

substances

Article 5(2) Placing on the market of controlled substances in

non-refillable containers

Article 6(1) Placing on the market of products and equipment

containing or relying on controlled substances

Article 6(2) Prohibition and decommissioning of fire protection

systems and fire extinguishers containing halons

Article 13(3) Decommissioning of fire protection systems and fire

extinguishers containing halons

Article 15(1) Imports of controlled substances and products and

equipment containing or relying on controlled

substances

Article 17(1) Exports of controlled substances or products and

equipment containing or relying on controlled

substances

Article 20 Trade with a State party not party to the Montreal

Protocol on substances that deplete the ozone layer or

a territory not covered by that Protocol

Article 22(1), (2) Recovery and destruction, recycling and

and (4) reclamation of controlled substances

Article 23(1) Precautionary measures to prevent and minimise

leakages and emissions of controlled substances

Article 23(2) Requirements for specified stationery equipment or

systems

Article 23(3) Record keeping by undertakings

Article 23(5) Precautionary measures to prevent and minimise

leakages and emissions of controlled substances used

as feedstock or process agents

Article 23(6) Precautionary measures to prevent and minimise

leakages and emissions of controlled substances

inadvertently produced in the manufacture of other

chemicals

Article 24(1) Production, import, placing on the market, use or

export of new substances

Environmental Protection (Controls on Ozone-Depleting Substances)

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2014-13

SCHEDULE 3

Section 4(1A)

Offences for breach of the F-Gas Regulation

Provision of the EU Subject matter

Regulation

Article 3(1),(2), Prevention of emissions of fluorinated greenhouse

gases

(3) and (4)

Article 4(1),(2) Leak checks

and (3)

Article 5(1),(2), Leakage detection systems

(3) and (4)

Article 6(1),(2), Record keeping

and (3)

Article 7(1) and (2) Emissions of fluorinated greenhouse gases in relation

to production

Article 8(1), (2) Recovery

and (3)

Article 11(1), (4) Restrictions on the placing on the market.

and (5)

Article 12(1) to (13) Labelling.

Article 13(1), (2) Control of use

and (3)

Article 14(1) and (2) Pre-charging of equipment with hydrofluorocarbons

Article 15(1) and (3) Reduction of the quantity of hydrofluorocarbons

placed on the market

SCHEDULE 4

Section 2

REGULATION (EU) No 517/2014 OF THE EUROPEAN

PARLIAMENT AND OF THE COUNCIL

Environmental Protection (Controls on Ozone-Depleting Substances)

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2014-13

of 16 April 2014

on fluorinated greenhouse gases and repealing Regulation (EC) No

842/2006

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE

EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and

in particular Article 192(1) thereof, Having regard to the proposal from the

European Commission,

After transmission of the draft legislative act to the national parliaments,

Having regard to the opinion of the European Economic and Social

Committee, After consulting the Committee of the Regions,

Acting in accordance with the ordinary legislative procedure,

Whereas:

(1) The Fourth Assessment Report of the Intergovernmental Panel on

Climate Change (‘IPCC’) of the United Nations Framework Convention on

Climate Change (‘UNFCCC’), to which the Union is party, stated that, on

the basis of existing scientific data, developed countries would need to

reduce greenhouse gas emissions by 80% to 95% below 1990 levels by

2050 to limit global climate change to a temperature increase of 2°C and

thus prevent undesirable climate effects.

(2) To reach this target, the Commission adopted a Roadmap for

moving to a competitive low carbon economy in 2050, which was notedby

the Council in its Conclusions of 17 May 2011, and endorsed by the

European Parliament in its Resolution of 15 March 2012. In that Roadmap,

the Commission laid out a cost-effective way of achieving the necessary

overall emission reductions in the Union by 2050. That roadmap establishes

the sectoral contributions needed in six areas. Non-CO2 emissions,

including fluorinated greenhouse gases but excluding non- CO2 emissions

from agriculture, should be reduced by 72% to 73% by 2030 and by 70% to

78% by 2050, compared to 1990 levels. If based on the reference year 2005,

a reduction in non-CO2 emissions, except those from agriculture, of 60% to

61% by 2030 is required. Fluorinated greenhouse gas emissions were

estimated at 90 million tonnes (Mt) of CO2 equivalent in 2005. A 60%

reduction means that emissions would have to be reduced to approximately

35 Mt of CO2 equivalent by 2030. Given estimated emissions of 104 Mt of

CO2 equivalent in 2030 based on the full application of current Union

Environmental Protection (Controls on Ozone-Depleting Substances)

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legislation, a further decrease of approximately 70 Mt of CO2 equivalent is

required.

(3) The Commission report of 26 September 2011 on the application,

effects and adequacy of Regulation (EC) No 842/2006 of the European

Parliament and of the Council (4) concluded that the current containment

measures, if fully applied, have the potential to reduce emissions of

fluorinated greenhouse gases. Those measures should therefore be

maintained and clarified on the basis of the experience gained in

implementing them. Certain measures should also be extended to other

appliances in which substantial quantities of fluorinated greenhouse gases

are used, such as refrigerated trucks and trailers. The obligation to establish

and maintain records of equipment that contains such gases should also

cover electrical switchgear. Given the importance of containment measures

at the end of life of products and equipment containing fluorinated

greenhouse gases, Member States should take account of the value of

producer responsibility schemes and encourage their establishment, based

on existing best practices.

(4) That report also concluded that more can be done to reduce

emissions of fluorinated greenhouse gases in the Union, in particular by

avoiding the use of such gases where there are safe and energy-efficient

alternative technologies with no impact or a lower impact on the climate. A

decrease of up to two thirds of the 2010 emissions by 2030 is cost-effective

because proven and tested alternatives are available in many sectors.

(5) The European Parliament Resolution of 14 September 2011 on a

comprehensive approach to non-CO2 climate- relevant anthropogenic

emissions welcomed the Union’s commitment to support action on

hydrofluorocarbons under the Montreal Protocol on substances that deplete

the ozone layer (‘Montreal Protocol’) as a prime example of a non-market

based approach to reducing greenhouse gas emissions. That Resolution also

called for the exploration of ways to promote an immediate phase down of

hydrofluorocarbons at international level through the Montreal Protocol.

(6) To encourage the use of technologies with no impact or lower

impact on the climate, the training of natural persons who carry out

activities involving fluorinated greenhouse gases should cover information

on technologies that serve to replace and reduce the use of fluorinated

greenhouse gases. Given that some alternatives to fluor- inated greenhouse

gases used in products and equipment to replace and reduce the use of

fluorinated greenhouse gases can be toxic, flammable or highly pressurised,

the Commission should examine existing Union legislation covering the

training of natural persons for the safe-handling of alternative refrigerants

and, if appropriate, should submit a legislative proposal to the European

Parliament and to the Council to amend the relevant Union legislation.

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(7) Certification and training programmes should be established or

adapted taking account of those established under Regulation (EC) No

842/2006 and may be integrated into the vocational training systems.

(8) To ensure coherence with monitoring and reporting requirements

under the UNFCCC and with Decision 4/CMP.7 of the Conference of the

Parties serving as the meeting of the Parties to the Kyoto Protocol to the

UNFCCC, adopted by the seventh Conference of the Parties of the

UNFCCC meeting in Durban on 11 December 2011, global warming

potentials should be calculated in terms of the 100 year global warming

potential of one kilogram of a gas relative to one kilogram of CO2. The

calculation should, where possible, be based on the Fourth Assessment

Report adopted by the IPCC.

(9) Effective monitoring of fluorinated greenhouse gas emissions is

critical for tracking progress towards the achievement of emission reduction

targets and for assessing the impact of this Regulation. The use of

consistent, high-quality data to report on fluorinated greenhouse gas

emissions is essential to ensuring the quality of emissions reporting. The

establishment of reporting systems by Member States of emissions of

fluorinated greenhouse gases would provide coherence with Regulation

(EU) No 525/2013 of the European Parliament and of the Council. Data on

leakage of fluorinated greenhouse gases from equipment collected by

companies under this Regulation could significantly improve those emission

reporting systems. In that way, it should be possible to check the

consistency of the data used to derive emissions and to improve

approximations based on calculations, leading to a better estimation of

emissions of fluorinated greenhouse gases in the national greenhouse gases

inventories.

(10) Given that there are suitable alternatives available, the current ban

on using sulphur hexafluoride in magnesium die-casting and the recycling

of magnesium die-casting alloys should be extended to facilities that use

less than 850 kg of sulphur hexafluoride per year. Similarly, with an

appropriate transitional period, the use of refrigerants with a very high

global warming potential of 2 500 or more to service or maintain

refrigeration equipment with a charge size of 40 tonnes of CO2 equivalent

or more should be banned.

(11) Where suitable alternatives to the use of specific fluorinated

greenhouse gases are available, bans on the placing on the market of new

equipment for refrigeration, air-conditioning and fire protection that

contains, or whose functioning relies upon, those substances should be

introduced. Where alternatives are not available or cannot be used for

technical or safety reasons, or where the use of such alternatives would

entail disproportionate costs, it should be possible for the Commission to

authorise an exemption to allow the placing on the market of such products

and equipment for a limited period. In the light of future technical

developments, the Commission should further assess bans on the placing on

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the market of new equipment for medium-voltage secondary switchgear and

new small single split air-conditioning systems.

(12) Equipment containing fluorinated greenhouse gases should be

allowed to be placed on the market if the overall greenhouse gas emissions

of that equipment, taking into account realistic leakage and recovery rates,

are lower, during its lifecycle, than those that would result from equivalent

equipment without fluorinated greenhouse gases, which has the maximum

allowed energy consumption set out in relevant implementing measures

adopted under Directive 2009/125/EC of the European Parliament and of

the Council. The regular and timely review of those implementing

measures, in accordance with that Directive would help to ensure that those

implementing measures continue to be effective and appropriate.

(13) Gradually reducing the quantities of hydrofluorocarbons that can be

placed on the market has been identified as the most effective and cost-

efficient way of reducing emissions of those substances in the long term.

(14) To implement the gradual reduction of the quantities of

hydrofluorocarbons that can be placed on the Union market, the

Commission should allocate quotas to individual producers and importers

for the placing of hydro- fluorocarbons on the market in order that the

overall quantitative limit for the placing hydrofluorocarbons on the market

is not exceeded. To protect the integrity of the gradual reduction of the

quantities of hydrofluorocarbons placed on the market, hydrofluorocarbons

contained in equipment should be accounted for under the Union quota

system. Where hydrofluorocarbons contained in equipment have not been

placed on the market prior to the charging of the equipment, a declaration

of conformity should be required to prove that those hydrofluorocarbons are

accounted for under the Union quota system.

(15) Initially, the calculation of reference values and the allocation of

quotas to individual producers and importers should be based on the

quantities of hydrofluorocarbons that they reported as having been placed

on the marked during the reference period from 2009 to 2012. However, in

order not to exclude small undertakings, eleven per cent of the overall

quantitative limit should be reserved for importers and producers who have

not placed on the market 1 tonne or more of fluorinated greenhouse gases in

the reference period.

(16) By regularly recalculating the reference values and quotas, the

Commission should ensure that undertakings are allowed to continue their

activities on the basis of the average volumes they placed on the market in

recent years.

(17) The manufacturing process for some fluorinated gases can result

in significant emissions of other fluorinated greenhouse gases produced as

by-products. Such by-product emissions should be destroyed or recovered

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for subsequent use as a condition for the placing of fluorinated greenhouse

gases on the market.

(18) The Commission should ensure that a central electronic registry is in

place to manage quotas, for the placing of hydrofluorocarbons on the

market, and the reporting, including the reporting on equipment placed on

the market, in particular where the equipment is pre-charged with

hydrofluorocarbons that have not been placed on the market prior to the

charging, thus requiring verification, through a declaration of conformity

and subsequent third party verification, that the quantities of

hydrofluorocarbons are accounted for under the Union quota system.

(19) To maintain the flexibility of the market in bulk hydrofluorocarbons,

it should be possible to transfer quotas allocated on the basis of reference

values to another producer or importer in the Union or to another producer

or importer which is represented in the Union by an only representative.

(20) To enable the monitoring of the effectiveness of this Regulation, the

scope of the current reporting obligations should be extended to cover other

fluorinated substances that have significant global warming potential or that

are likely to replace the fluorinated greenhouse gases listed in Annex I. For

the same reason the destruction of fluorinated greenhouse gases and the

importation into the Union of those gases when contained in products and

equipment should also be reported. De minimis thresholds should be set to

avoid disproportionate administrative burden, in particular for small and

medium-sized enterprises and micro-enterprises.

(21) The Commission should continuously monitor the effects of

reducing the quantities of hydrofluorocarbons placed on the market,

including its effects on the supply for equipment where the use of

hydrofluorocarbons would result in lower life-cycle emissions than if an

alternative technology was used. The Commission should produce a report

on the availability of hydrofluorocarbons on the Union market by the end of

2020. A comprehensive review

(22) In order to ensure uniform conditions for the implementation of this

Regulation, implementing powers should be conferred on the Commission.

Those powers should be exercised in accordance with Regulation (EU)

No182/2011 of the European Parliament and of the Council.

(23) In order to amend certain non-essential elements of this Regulation,

the power to adopt acts in accordance with Article 290 of the Treaty on the

Functioning of the European Union (‘TFEU’) should be delegated to the

Commission. It is of particular importance that the Commission carry out

appropriate consultations during its preparatory work, including at expert

level. The Commission, when preparing and drawing up delegated acts,

should ensure a simultaneous, timely and appropriate transmission of

relevant documents to the European Parliament and to the Council.

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(24) Since it is adopted pursuant to Article 192(1) TFEU, this Regulation

does not prevent Member States from maintaining or introducing more

stringent protective measures that are compatible with the TFEU. Pursuant

to Article 193 TFEU, Member States are to notify the Commission of any

such measures.

(25) This Regulation amends and complements the subject matter of

Regulation (EC) No 842/2006, which should therefore be repealed.

However, in order to ensure a smooth transition from the old regime to the

new regime, it is appropriate to provide that Commission Regulations (EC)

No 1493/2007 (2), (EC) No 1494/2007 (3), (EC) No

1497/2007 (4), (EC) No 1516/2007 (5), (EC) No 303/2008 (6), (EC) No

304/2008 (7), (EC) No 305/2008 (8), (EC) No 306/2008 (9), (EC) No

307/2008 (10) and (EC) No 308/2008 (11) should remain in force and

continue to apply unless and until repealed by delegated or implementing

acts adopted by the Commission pursuant to this Regulation.

(26) Since the objectives of this Regulation cannot be sufficiently

achieved by the Member States but can rather, by reason of the

transboundary nature of the environmental problem addressed and the

effects of this Regulation on the intra-Union and external trade, be better

achieved at Union level, the Union may adopt measures, in accordance with

the principle of subsidiarity as set out in Article 5 of the Treaty on

European Union. In accordance with the principle of proportionality, as

set out in that Article, this Regulation does not go beyond what is

necessary in order to achieve those objectives,

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HAVE ADOPTED THIS REGULATION:

CHAPTER I

GENERAL PROVISIONS

Article 1

Subject-matter

The objective of this Regulation is to protect the environment by reducing

emissions of fluorinated greenhouse gases. Accordingly, this Regulation:

(a) establishes rules on containment, use, recovery and destruction

of fluorinated greenhouse gases, and on related ancillary

measures;

(b) imposes conditions on the placing on the market of specific

products and equipment that contain, or whose functioning

relies upon, fluorinated greenhouse gases;

(c) imposes conditions on specific uses of fluorinated greenhouse

gases; and

(d) establishes quantitative limits for the placing on the market of

hydrofluorocarbons.

Article 2

Definitions

For the purposes of this Regulation the following definitions apply:

(1) ‘fluorinated greenhouse gases’ means the hydrofluorocarbons,

perfluorocarbons, sulphur hexafluoride and other greenhouse gases that

contain fluorine, listed in Annex I, or mixtures containing any of those

substances;

(2) ‘hydrofluorocarbons’ or ‘HFCs’ means the substances listed in section 1

of Annex I, or mixtures containing any of those substances;

(3) ‘perfluorocarbons’ or ‘PFCs’ means the substances listed in section 2 of

Annex I, or mixtures containing any of those substances;

(4) ‘sulphur hexafluoride’ or ‘SF6’ means the substance listed in section 3

of Annex I, or mixtures containing that substance;

(5) ‘mixture’ means a fluid composed of two or more substances, at least

one of which is a substance listed in Annex I or in Annex II;

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(6) ‘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 of one kilogram of a

greenhouse gas relative to one kilogram of CO2, as set out in Annexes I, II

and IV or in the case of mixtures, calculated in accordance with Annex IV;

(7) ‘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;

(8) ‘operator’ means the natural or legal person exercising actual power over

the technical functioning of products and equipment covered by this

Regulation; a Member State may, in defined, specific situations, designate

the owner as being responsible for the operator’s obligations;

(9) ‘use’ means the utilisation of fluorinated greenhouse gases in the

production, maintenance or servicing, including the refilling, of products

and equipment, or in other processes referred to in this Regulation;

(10) ‘placing on the market’ means supplying or making available to

another party in the Union for the first time, for payment or free of charge,

or using for its own account in the case of a producer, and includes customs

release for free circulation in the Union;

(11) ‘hermetically sealed equipment’ means equipment in which all

fluorinated greenhouse gas containing parts are made tight by welding,

brazing or a similar permanent connection, which may include capped

valves or capped service ports that allow proper repair or disposal, and

which 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;

(12) ‘container’ means a product which is designed primarily for

transporting or storing fluorinated greenhouse gases;

(13) ‘a non-refillable container’ means a container which cannot be refilled

without being adapted for that purpose or is placed on the market without

provision having been made for its return for refilling;

(14) ‘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;

(15) ‘recycling’ means the reuse of a recovered fluorinated greenhouse gas

following a basic cleaning process;

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(16) ‘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;

(17) ‘destruction’ means the process of permanently transforming or

decomposing all or most of a fluorinated greenhouse gas into one or more

stable substances that are not fluorinated greenhouse gases;

(18) ‘decommissioning’ means the final shut-down and removal from

operation or usage of a product or piece of equipment containing fluorinated

greenhouse gases;

(19) ‘repair’ means the restoration of damaged or leaking products or

equipment that contain, or whose functioning relies upon, fluorinated

greenhouse gases, involving a part containing or designed to contain such

gases;

(20) ‘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 irrespective of the need to charge the system after assembly;

(21) ‘maintenance or servicing’ means all activities, excluding recovery in

accordance with Article 8 and leak checks in accordance with Article 4 and

point (b) of Article 10(1) of this Regulation, that entail breaking into the

circuits containing or designed to contain fluorinated greenhouse gases, in

particular 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;

(22) ‘virgin substance’ means a substance which has not previously been

used;

(23) ‘stationary’ means not normally in transit during operation and includes

moveable room air-conditioning appliances;

(24) ‘mobile’ means normally in transit during operation;

(25) ‘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;

(26) ‘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;

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(27) ‘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;

(28) ‘technical aerosol’ means an aerosol dispenser used in maintaining,

repairing, cleaning, testing, disinsecting and manufacturing products and

equipment, installing equipment, and in other applications;

(29) ‘leakage detection system’ means a calibrated mechanical, electrical

or electronic device for detecting leakage of fluorinated greenhouse gases

which, on detection, alerts the operator;

(30) ‘undertaking’ means any natural or legal person who:

(a) produces, uses, recovers, collects, recycles, reclaims, or

destroys fluorinated greenhouse gases;

(b) imports or exports fluorinated greenhouse gases or products

and equipment that contain such gases;

(c) places on the market fluorinated greenhouse gases or products

and equipment that contain, or whose functioning relies upon,

such gases;

(d) installs, services, maintains, repairs, checks for leaks or

decommissions equipment that contains, or whose functioning

relies upon, fluorinated greenhouse gases;

(e) is the operator of equipment that contains, or whose

functioning relies upon, fluorinated greenhouse gases;

(f) produces, imports, exports, places on the market or destroys

gases listed in Annex II;

(g) places on the market products or equipment containing gases

listed in Annex II;

(31) ‘feedstock’ means any fluorinated greenhouse gas, or substance listed

in Annex II, that undergoes chemical transformation in a process in which

it is entirely converted from its original composition and its emissions are

insignificant;

(32) ‘commercial use’ means used for the storage, display or dispensing of

products, for sale to end users, in retail and food services;

(33) ‘fire protection equipment’ means the equipment and systems utilised

in fire prevention or suppression applications and includes fire

extinguishers;

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(34) ‘organic Rankine cycle’ means a cycle containing condensable

fluorinated greenhouse gas converting heat from a heat source into power

for the generation of electric or mechanical energy;

(35) ‘military equipment’ mean arms, munitions and war material intended

specifically for military purposes which are necessary for the protection of

the essential interests of the security of Member States;

(36) ‘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;

(37) ‘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, freezers or to chilled store rooms;

(38) ‘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;

(39) ‘single split air conditioning systems’ means systems for room air

conditioning that consist of one outdoor unit and one indoor unit linked by

refrigerant piping, needing installation at the site of usage.

SCHEDULE 3

Section 4(1A)

Offences for breach of the F-Gas Regulation

Provision of the EU Subject matter

Regulation

Article 3(1),(2), Prevention of emissions of fluorinated greenhouse

gases

(3) and (4)

Article 4(1),(2) Leak checks

and (3)

Article 5(1),(2), Leakage detection systems

(3) and (4)

Article 6(1),(2), Record keeping

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and (3)

Article 7(1) and (2) Emissions of fluorinated greenhouse gases in relation

to production

Article 8(1), (2) Recovery

and (3)

Article 11(1), (4) Restrictions on the placing on the market.

and (5)

Article 12(1) to (13) Labelling.

Article 13(1), (2) Control of use

and (3)

Article 14(1) and (2) Pre-charging of equipment with hydrofluorocarbons

Article 15(1) and (3) Reduction of the quantity of hydrofluorocarbons

placed on the market

SCHEDULE 4

Section 2

REGULATION (EU) No 517/2014 OF THE EUROPEAN

PARLIAMENT AND OF THE COUNCIL

of 16 April 2014

on fluorinated greenhouse gases and repealing Regulation (EC) No

842/2006

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE

EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and

in particular Article 192(1) thereof, Having regard to the proposal from the

European Commission,

After transmission of the draft legislative act to the national parliaments,

Having regard to the opinion of the European Economic and Social

Committee, After consulting the Committee of the Regions,

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Acting in accordance with the ordinary legislative procedure,

Whereas:

(1) The Fourth Assessment Report of the Intergovernmental Panel on

Climate Change (‘IPCC’) of the United Nations Framework Convention on

Climate Change (‘UNFCCC’), to which the Union is party, stated that, on

the basis of existing scientific data, developed countries would need to

reduce greenhouse gas emissions by 80% to 95% below 1990 levels by

2050 to limit global climate change to a temperature increase of 2°C and

thus prevent undesirable climate effects.

(2) To reach this target, the Commission adopted a Roadmap for

moving to a competitive low carbon economy in 2050, which was notedby

the Council in its Conclusions of 17 May 2011, and endorsed by the

European Parliament in its Resolution of 15 March 2012. In that Roadmap,

the Commission laid out a cost-effective way of achieving the necessary

overall emission reductions in the Union by 2050. That roadmap establishes

the sectoral contributions needed in six areas. Non-CO2 emissions,

including fluorinated greenhouse gases but excluding non- CO2 emissions

from agriculture, should be reduced by 72% to 73% by 2030 and by 70% to

78% by 2050, compared to 1990 levels. If based on the reference year 2005,

a reduction in non-CO2 emissions, except those from agriculture, of 60% to

61% by 2030 is required. Fluorinated greenhouse gas emissions were

estimated at 90 million tonnes (Mt) of CO2 equivalent in 2005. A 60%

reduction means that emissions would have to be reduced to approximately

35 Mt of CO2 equivalent by 2030. Given estimated emissions of 104 Mt of

CO2 equivalent in 2030 based on the full application of current Union

legislation, a further decrease of approximately 70 Mt of CO2 equivalent is

required.

(3) The Commission report of 26 September 2011 on the application,

effects and adequacy of Regulation (EC) No 842/2006 of the European

Parliament and of the Council (4) concluded that the current containment

measures, if fully applied, have the potential to reduce emissions of

fluorinated greenhouse gases. Those measures should therefore be

maintained and clarified on the basis of the experience gained in

implementing them. Certain measures should also be extended to other

appliances in which substantial quantities of fluorinated greenhouse gases

are used, such as refrigerated trucks and trailers. The obligation to establish

and maintain records of equipment that contains such gases should also

cover electrical switchgear. Given the importance of containment measures

at the end of life of products and equipment containing fluorinated

greenhouse gases, Member States should take account of the value of

producer responsibility schemes and encourage their establishment, based

on existing best practices.

(4) That report also concluded that more can be done to reduce

emissions of fluorinated greenhouse gases in the Union, in particular by

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avoiding the use of such gases where there are safe and energy-efficient

alternative technologies with no impact or a lower impact on the climate. A

decrease of up to two thirds of the 2010 emissions by 2030 is cost-effective

because proven and tested alternatives are available in many sectors.

(5) The European Parliament Resolution of 14 September 2011 on a

comprehensive approach to non-CO2 climate- relevant anthropogenic

emissions welcomed the Union’s commitment to support action on

hydrofluorocarbons under the Montreal Protocol on substances that deplete

the ozone layer (‘Montreal Protocol’) as a prime example of a non-market

based approach to reducing greenhouse gas emissions. That Resolution also

called for the exploration of ways to promote an immediate phase down of

hydrofluorocarbons at international level through the Montreal Protocol.

(6) To encourage the use of technologies with no impact or lower

impact on the climate, the training of natural persons who carry out

activities involving fluorinated greenhouse gases should cover information

on technologies that serve to replace and reduce the use of fluorinated

greenhouse gases. Given that some alternatives to fluor- inated greenhouse

gases used in products and equipment to replace and reduce the use of

fluorinated greenhouse gases can be toxic, flammable or highly pressurised,

the Commission should examine existing Union legislation covering the

training of natural persons for the safe-handling of alternative refrigerants

and, if appropriate, should submit a legislative proposal to the European

Parliament and to the Council to amend the relevant Union legislation.

(7) Certification and training programmes should be established or

adapted taking account of those established under Regulation (EC) No

842/2006 and may be integrated into the vocational training systems.

(8) To ensure coherence with monitoring and reporting requirements

under the UNFCCC and with Decision 4/CMP.7 of the Conference of the

Parties serving as the meeting of the Parties to the Kyoto Protocol to the

UNFCCC, adopted by the seventh Conference of the Parties of the

UNFCCC meeting in Durban on 11 December 2011, global warming

potentials should be calculated in terms of the 100 year global warming

potential of one kilogram of a gas relative to one kilogram of CO2. The

calculation should, where possible, be based on the Fourth Assessment

Report adopted by the IPCC.

(9) Effective monitoring of fluorinated greenhouse gas emissions is

critical for tracking progress towards the achievement of emission reduction

targets and for assessing the impact of this Regulation. The use of

consistent, high-quality data to report on fluorinated greenhouse gas

emissions is essential to ensuring the quality of emissions reporting. The

establishment of reporting systems by Member States of emissions of

fluorinated greenhouse gases would provide coherence with Regulation

(EU) No 525/2013 of the European Parliament and of the Council. Data on

leakage of fluorinated greenhouse gases from equipment collected by

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companies under this Regulation could significantly improve those emission

reporting systems. In that way, it should be possible to check the

consistency of the data used to derive emissions and to improve

approximations based on calculations, leading to a better estimation of

emissions of fluorinated greenhouse gases in the national greenhouse gases

inventories.

(10) Given that there are suitable alternatives available, the current ban

on using sulphur hexafluoride in magnesium die-casting and the recycling

of magnesium die-casting alloys should be extended to facilities that use

less than 850 kg of sulphur hexafluoride per year. Similarly, with an

appropriate transitional period, the use of refrigerants with a very high

global warming potential of 2 500 or more to service or maintain

refrigeration equipment with a charge size of 40 tonnes of CO2 equivalent

or more should be banned.

(11) Where suitable alternatives to the use of specific fluorinated

greenhouse gases are available, bans on the placing on the market of new

equipment for refrigeration, air-conditioning and fire protection that

contains, or whose functioning relies upon, those substances should be

introduced. Where alternatives are not available or cannot be used for

technical or safety reasons, or where the use of such alternatives would

entail disproportionate costs, it should be possible for the Commission to

authorise an exemption to allow the placing on the market of such products

and equipment for a limited period. In the light of future technical

developments, the Commission should further assess bans on the placing on

the market of new equipment for medium-voltage secondary switchgear and

new small single split air-conditioning systems.

(12) Equipment containing fluorinated greenhouse gases should be

allowed to be placed on the market if the overall greenhouse gas emissions

of that equipment, taking into account realistic leakage and recovery rates,

are lower, during its lifecycle, than those that would result from equivalent

equipment without fluorinated greenhouse gases, which has the maximum

allowed energy consumption set out in relevant implementing measures

adopted under Directive 2009/125/EC of the European Parliament and of

the Council. The regular and timely review of those implementing

measures, in accordance with that Directive would help to ensure that those

implementing measures continue to be effective and appropriate.

(13) Gradually reducing the quantities of hydrofluorocarbons that can be

placed on the market has been identified as the most effective and cost-

efficient way of reducing emissions of those substances in the long term.

(14) To implement the gradual reduction of the quantities of

hydrofluorocarbons that can be placed on the Union market, the

Commission should allocate quotas to individual producers and importers

for the placing of hydro- fluorocarbons on the market in order that the

overall quantitative limit for the placing hydrofluorocarbons on the market

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is not exceeded. To protect the integrity of the gradual reduction of the

quantities of hydrofluorocarbons placed on the market, hydrofluorocarbons

contained in equipment should be accounted for under the Union quota

system. Where hydrofluorocarbons contained in equipment have not been

placed on the market prior to the charging of the equipment, a declaration

of conformity should be required to prove that those hydrofluorocarbons are

accounted for under the Union quota system.

(15) Initially, the calculation of reference values and the allocation of

quotas to individual producers and importers should be based on the

quantities of hydrofluorocarbons that they reported as having been placed

on the marked during the reference period from 2009 to 2012. However, in

order not to exclude small undertakings, eleven per cent of the overall

quantitative limit should be reserved for importers and producers who have

not placed on the market 1 tonne or more of fluorinated greenhouse gases in

the reference period.

(16) By regularly recalculating the reference values and quotas, the

Commission should ensure that undertakings are allowed to continue their

activities on the basis of the average volumes they placed on the market in

recent years.

(17) The manufacturing process for some fluorinated gases can result

in significant emissions of other fluorinated greenhouse gases produced as

by-products. Such by-product emissions should be destroyed or recovered

for subsequent use as a condition for the placing of fluorinated greenhouse

gases on the market.

(18) The Commission should ensure that a central electronic registry is in

place to manage quotas, for the placing of hydrofluorocarbons on the

market, and the reporting, including the reporting on equipment placed on

the market, in particular where the equipment is pre-charged with

hydrofluorocarbons that have not been placed on the market prior to the

charging, thus requiring verification, through a declaration of conformity

and subsequent third party verification, that the quantities of

hydrofluorocarbons are accounted for under the Union quota system.

(19) To maintain the flexibility of the market in bulk hydrofluorocarbons,

it should be possible to transfer quotas allocated on the basis of reference

values to another producer or importer in the Union or to another producer

or importer which is represented in the Union by an only representative.

(20) To enable the monitoring of the effectiveness of this Regulation, the

scope of the current reporting obligations should be extended to cover other

fluorinated substances that have significant global warming potential or that

are likely to replace the fluorinated greenhouse gases listed in Annex I. For

the same reason the destruction of fluorinated greenhouse gases and the

importation into the Union of those gases when contained in products and

equipment should also be reported. De minimis thresholds should be set to

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avoid disproportionate administrative burden, in particular for small and

medium-sized enterprises and micro-enterprises.

(21) The Commission should continuously monitor the effects of

reducing the quantities of hydrofluorocarbons placed on the market,

including its effects on the supply for equipment where the use of

hydrofluorocarbons would result in lower life-cycle emissions than if an

alternative technology was used. The Commission should produce a report

on the availability of hydrofluorocarbons on the Union market by the end of

2020. A comprehensive review

(22) In order to ensure uniform conditions for the implementation of this

Regulation, implementing powers should be conferred on the Commission.

Those powers should be exercised in accordance with Regulation (EU)

No182/2011 of the European Parliament and of the Council.

(23) In order to amend certain non-essential elements of this Regulation,

the power to adopt acts in accordance with Article 290 of the Treaty on the

Functioning of the European Union (‘TFEU’) should be delegated to the

Commission. It is of particular importance that the Commission carry out

appropriate consultations during its preparatory work, including at expert

level. The Commission, when preparing and drawing up delegated acts,

should ensure a simultaneous, timely and appropriate transmission of

relevant documents to the European Parliament and to the Council.

(24) Since it is adopted pursuant to Article 192(1) TFEU, this Regulation

does not prevent Member States from maintaining or introducing more

stringent protective measures that are compatible with the TFEU. Pursuant

to Article 193 TFEU, Member States are to notify the Commission of any

such measures.

(25) This Regulation amends and complements the subject matter of

Regulation (EC) No 842/2006, which should therefore be repealed.

However, in order to ensure a smooth transition from the old regime to the

new regime, it is appropriate to provide that Commission Regulations (EC)

No 1493/2007 (2), (EC) No 1494/2007 (3), (EC) No

1497/2007 (4), (EC) No 1516/2007 (5), (EC) No 303/2008 (6), (EC) No

304/2008 (7), (EC) No 305/2008 (8), (EC) No 306/2008 (9), (EC) No

307/2008 (10) and (EC) No 308/2008 (11) should remain in force and

continue to apply unless and until repealed by delegated or implementing

acts adopted by the Commission pursuant to this Regulation.

(26) Since the objectives of this Regulation cannot be sufficiently

achieved by the Member States but can rather, by reason of the

transboundary nature of the environmental problem addressed and the

effects of this Regulation on the intra-Union and external trade, be better

achieved at Union level, the Union may adopt measures, in accordance with

the principle of subsidiarity as set out in Article 5 of the Treaty on

European Union. In accordance with the principle of proportionality, as

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set out in that Article, this Regulation does not go beyond what is

necessary in order to achieve those objectives,

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HAVE ADOPTED THIS REGULATION:

CHAPTER I

GENERAL PROVISIONS

Article 1

Subject-matter

The objective of this Regulation is to protect the environment by reducing

emissions of fluorinated greenhouse gases. Accordingly, this Regulation:

(a) establishes rules on containment, use, recovery and destruction

of fluorinated greenhouse gases, and on related ancillary

measures;

(b) imposes conditions on the placing on the market of specific

products and equipment that contain, or whose functioning

relies upon, fluorinated greenhouse gases;

(c) imposes conditions on specific uses of fluorinated greenhouse

gases; and

(d) establishes quantitative limits for the placing on the market of

hydrofluorocarbons.

Article 2

Definitions

For the purposes of this Regulation the following definitions apply:

(1) ‘fluorinated greenhouse gases’ means the hydrofluorocarbons,

perfluorocarbons, sulphur hexafluoride and other greenhouse gases that

contain fluorine, listed in Annex I, or mixtures containing any of those

substances;

(2) ‘hydrofluorocarbons’ or ‘HFCs’ means the substances listed in section 1

of Annex I, or mixtures containing any of those substances;

(3) ‘perfluorocarbons’ or ‘PFCs’ means the substances listed in section 2 of

Annex I, or mixtures containing any of those substances;

(4) ‘sulphur hexafluoride’ or ‘SF6’ means the substance listed in section 3

of Annex I, or mixtures containing that substance;

(5) ‘mixture’ means a fluid composed of two or more substances, at least

one of which is a substance listed in Annex I or in Annex II;

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(6) ‘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 of one kilogram of a

greenhouse gas relative to one kilogram of CO2, as set out in Annexes I, II

and IV or in the case of mixtures, calculated in accordance with Annex IV;

(7) ‘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;

(8) ‘operator’ means the natural or legal person exercising actual power over

the technical functioning of products and equipment covered by this

Regulation; a Member State may, in defined, specific situations, designate

the owner as being responsible for the operator’s obligations;

(9) ‘use’ means the utilisation of fluorinated greenhouse gases in the

production, maintenance or servicing, including the refilling, of products

and equipment, or in other processes referred to in this Regulation;

(10) ‘placing on the market’ means supplying or making available to

another party in the Union for the first time, for payment or free of charge,

or using for its own account in the case of a producer, and includes customs

release for free circulation in the Union;

(11) ‘hermetically sealed equipment’ means equipment in which all

fluorinated greenhouse gas containing parts are made tight by welding,

brazing or a similar permanent connection, which may include capped

valves or capped service ports that allow proper repair or disposal, and

which 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;

(12) ‘container’ means a product which is designed primarily for

transporting or storing fluorinated greenhouse gases;

(13) ‘a non-refillable container’ means a container which cannot be refilled

without being adapted for that purpose or is placed on the market without

provision having been made for its return for refilling;

(14) ‘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;

(15) ‘recycling’ means the reuse of a recovered fluorinated greenhouse gas

following a basic cleaning process;

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(16) ‘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;

(17) ‘destruction’ means the process of permanently transforming or

decomposing all or most of a fluorinated greenhouse gas into one or more

stable substances that are not fluorinated greenhouse gases;

(18) ‘decommissioning’ means the final shut-down and removal from

operation or usage of a product or piece of equipment containing fluorinated

greenhouse gases;

(19) ‘repair’ means the restoration of damaged or leaking products or

equipment that contain, or whose functioning relies upon, fluorinated

greenhouse gases, involving a part containing or designed to contain such

gases;

(20) ‘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 irrespective of the need to charge the system after assembly;

(21) ‘maintenance or servicing’ means all activities, excluding recovery in

accordance with Article 8 and leak checks in accordance with Article 4 and

point (b) of Article 10(1) of this Regulation, that entail breaking into the

circuits containing or designed to contain fluorinated greenhouse gases, in

particular 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;

(22) ‘virgin substance’ means a substance which has not previously been

used;

(23) ‘stationary’ means not normally in transit during operation and includes

moveable room air-conditioning appliances;

(24) ‘mobile’ means normally in transit during operation;

(25) ‘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;

(26) ‘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;

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(27) ‘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;

(28) ‘technical aerosol’ means an aerosol dispenser used in maintaining,

repairing, cleaning, testing, disinsecting and manufacturing products and

equipment, installing equipment, and in other applications;

(29) ‘leakage detection system’ means a calibrated mechanical, electrical

or electronic device for detecting leakage of fluorinated greenhouse gases

which, on detection, alerts the operator;

(30) ‘undertaking’ means any natural or legal person who:

(a) produces, uses, recovers, collects, recycles, reclaims, or

destroys fluorinated greenhouse gases;

(b) imports or exports fluorinated greenhouse gases or products

and equipment that contain such gases;

(c) places on the market fluorinated greenhouse gases or products

and equipment that contain, or whose functioning relies upon,

such gases;

(d) installs, services, maintains, repairs, checks for leaks or

decommissions equipment that contains, or whose functioning

relies upon, fluorinated greenhouse gases;

(e) is the operator of equipment that contains, or whose

functioning relies upon, fluorinated greenhouse gases;

(f) produces, imports, exports, places on the market or destroys

gases listed in Annex II;

(g) places on the market products or equipment containing gases

listed in Annex II;

(31) ‘feedstock’ means any fluorinated greenhouse gas, or substance listed

in Annex II, that undergoes chemical transformation in a process in which

it is entirely converted from its original composition and its emissions are

insignificant;

(32) ‘commercial use’ means used for the storage, display or dispensing of

products, for sale to end users, in retail and food services;

(33) ‘fire protection equipment’ means the equipment and systems utilised

in fire prevention or suppression applications and includes fire

extinguishers;

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(34) ‘organic Rankine cycle’ means a cycle containing condensable

fluorinated greenhouse gas converting heat from a heat source into power

for the generation of electric or mechanical energy;

(35) ‘military equipment’ mean arms, munitions and war material intended

specifically for military purposes which are necessary for the protection of

the essential interests of the security of Member States;

(36) ‘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;

(37) ‘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, freezers or to chilled store rooms;

(38) ‘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;

(39) ‘single split air conditioning systems’ means systems for room air

conditioning that consist of one outdoor unit and one indoor unit linked by

refrigerant piping, needing installation at the site of usage.

CHAPTER II

CONTAINMENT

Article 3

Prevention of emissions of fluorinated greenhouse gases

1. The intentional release of fluorinated greenhouse gases into the

atmosphere shall be prohibited where the release is not technically

necessary for the intended use.

2. Operators of equipment that contains fluorinated greenhouse gases shall

take precautions to prevent the unintentional release (‘leakage’) of those

gases. They shall take all measures which are technically and economically

feasible to minimise leakage of fluorinated greenhouse gases.

3. Where a leakage of fluorinated greenhouse gases is detected, the

operators shall ensure that the equipment is repaired without undue delay.

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Where the equipment is subject to leak checks under Article 4(1), and a leak

in the equipment has been repaired, the operators shall ensure that the

equipment is checked by a certified natural person within one month after

the repair to verify that the repair has been effective.

4. Natural persons carrying out the tasks referred to in points (a) to (c) of

Article 10(1) shall be certified in accordance with Article 10(4) and (7) and

shall take precautionary measures to prevent leakage of fluorinated

greenhouse gases.

Undertakings carrying out the installation, servicing, maintenance, repair or

decommissioning of the equipment listed in points (a) to (d) of the Article

4(2) shall be certified in accordance with Article 10(6) and (7) and shall take

precautionary measures to prevent leakage of fluorinated greenhouse gases.

Article 4

Leak checks

1. Operators of equipment that contains fluorinated greenhouse gases in

quantities of 5 tonnes of CO2 equivalent or more and not contained in

foams shall ensure that the equipment is checked for leaks.

Hermetically sealed equipment that contains fluorinated greenhouse gases in

quantities of less than 10 tonnes of CO2 equivalent, shall not be subject to

leak checks under this Article, provided the equipment is labelled as

hermetically sealed.

Electrical switchgear shall not be subject to leak checks under this Article

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; or

(c) it contains less than 6 kg of fluorinated greenhouse gases.

2. Paragraph 1 applies to operators of the following equipment that contains

fluorinated greenhouse gases:

(a) stationary refrigeration equipment;

(b) stationary air-conditioning equipment; (c) stationary heat

pumps;

(d) stationary fire protection equipment;

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(e) refrigeration units of refrigerated trucks and trailers; (f)

electrical switchgear;

(g) organic Rankine cycles.

As regards the equipment referred to in points (a) to (e) of the first

subparagraph, the checks shall be carried out by natural persons certified in

accordance with the rules provided for in Article 10.

By way of derogation from the first subparagraph of paragraph 1, until 31

December 2016, equipment that contains less than 3 kg of fluorinated

greenhouse gases or hermetically sealed equipment, which is labelled

accordingly and contains less than 6 kg of fluorinated greenhouse gases

shall not be subject to leak checks.

3. The leak checks pursuant to paragraph 1 shall be carried out with the

following frequency:

(a) for equipment that contains fluorinated greenhouse gases in

quantities of 5 tonnes of CO2 equivalent or more, but of less

than 50 tonnes of CO2 equivalent: at least every 12 months; or

where a leakage detection system is installed, at least every 24

months;

(b) for equipment that contains fluorinated greenhouse gases in

quantities of 50 tonnes of CO2 equivalent or more, but of less

than 500 tonnes of CO2 equivalent: at least every six months

or, where a leakage detection system is installed, at least every

12 months;

(c) for equipment that contains fluorinated greenhouse gases in

quantities of 500 tonnes of CO2 equivalent or more: at least

every three months or, where a leakage detection system is

installed, at least every six months.

4. Obligations of paragraph 1 for fire protection equipment as referred to in

point (d) of paragraph 2 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 of this Article for each type of equipment referred to in that

paragraph, identify those parts of the equipment most likely to leak and

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repeal acts adopted pursuant to Article 3(7) of Regulation (EC) No

842/2006. Those implementing acts shall be adopted in accordance with the

examination procedure referred to in Article 24.

Article 5

Leakage detection systems

1. Operators of the equipment listed in points (a) to (d) of Article 4(2) and

containing fluorinated greenhouse gases 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 points (f) and (g) of Article 4(2) and

containing fluorinated greenhouse gases in quantities of 500 tonnes of CO2

equivalent or more and installed from 1 January 2017, shall ensure that this

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 points (a) to (d) and (g) of Article

4(2) that is subject to paragraph 1 or 2 of this Article shall ensure that

leakage detection systems are checked at least once every 12 months to

ensure their proper functioning.

4. Operators of the equipment listed in point (f) of Article 4(2) that is

subject to paragraph 2 of this Article shall ensure that leakage detection

systems are checked at least once every 6 years to ensure their proper

functioning.

Article 6

Record keeping

1. Operators of equipment which is required to be checked for leaks

pursuant to Article 4(1), shall establish and maintain records for each

piece of such equipment specifying the following information:

(a) the quantity and type of fluorinated greenhouse gases

installed;

(b) the quantities of fluorinated greenhouse gases added during

installation, maintenance or servicing or due to leakage;

(c) whether the quantities of installed fluorinated greenhouse

gases have been recycled or reclaimed, including the name

and address of the recycling or reclamation facility and, where

applicable, the certificate number;

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(d) the quantity of fluorinated greenhouse gases recovered;

(e) the identity of the undertaking which installed, serviced,

maintained and where applicable repaired or decommis-

sioned the equipment, including, where applicable, the number

of its certificate;

(f) the dates and results of the checks carried out under Article

4(1) to (3);

(g) if the equipment was decommissioned, the measures taken to

recover and dispose of the fluorinated greenhouse 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 point (e)

of paragraph 1 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 or to the

Commission. To the extent that such records contain environmental

information, Directive 2003/4/EC of the European Parliament and of the

Council or Regulation (EC) No 1367/2006 of the European Parliament and

of the Council shall apply as appropriate.

3. For the purpose of Article 11(4), undertakings supplying fluorinated

greenhouse gases shall establish records of relevant information on the

purchasers of fluorinated greenhouse gases including the following details:

(a) the numbers of certificates of the purchasers; and

(b) the respective quantities of fluorinated greenhouse gases

purchased.

The undertakings supplying fluorinated greenhouse gases shall maintain

those records for at least five years.

The undertakings supplying fluorinated greenhouse gases shall make such

records available, on request, to the competent authority of the Member

State concerned or to the Commission. To the extent that the records contain

environmental information, Directive 2003/4/EC or Regulation (EC) No

1367/2006 shall apply as appropriate.

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4. The Commission may, by means of an implementing act, determine the

format of the records referred to in paragraphs 1 and 3 of this Article 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 24.

Article 7

Emissions of fluorinated greenhouse gases in relation to production

1. Producers of fluorinated compounds shall take all necessary precautions

to limit emissions of fluorinated greenhouse gases to the greatest extent

possible during:

(a) production;

(b) transport; and

(c) storage.

This Article also applies where fluorinated greenhouse gases are produced

as by-products.

2. Without prejudice to Article 11(1), the placing on the market of

fluorinated greenhouse gases and gases listed in Annex II shall be

prohibited unless, where relevant, producers or importers provide evidence,

at the time of such placing, that trifluoromethane, produced as a by-product

during the manufacturing process, including during the manufacturing of

feedstocks for their production, has been destroyed or recovered for

subsequent use, in line with best available techniques.

This requirement shall apply from 11 June 2015.

Article 8

Recovery

1. Operators of stationary equipment or of refrigeration units of refrigerated

trucks and trailers that contain fluorinated greenhouse gases 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 by Article 10, so 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;

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(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. The undertaking that uses a fluorinated greenhouse gas container

immediately prior to its disposal shall arrange for the recovery of any

residual gases to make sure they are recycled, reclaimed or destroyed.

3. Operators of products and equipment not listed in paragraph 1,

including mobile equipment, that contain fluorinated greenhouse gases

shall arrange for the recovery of the gases, to the extent that it is

technically feasible and does not entail disproportionate costs, by

appropriately qualified natural persons, so that they are recycled,

reclaimed or destroyed or shall arrange for their destruction without prior

recovery.

The recovery of fluorinated greenhouse gases from air-conditioning

equipment in road vehicles outside the scope of Directive 2006/40/EC of the

European Parliament and of the Council shall be carried out by

appropriately qualified natural persons.

For the recovery of fluorinated greenhouse gases 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.

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 and their recycling, reclamation or

destruction.

Member States shall provide information to the Commission on the actions

undertaken under the first paragraph.

Article 10

Training and certification

1. Member States shall, on the basis of the minimum requirements

referred to in paragraph 5, establish or adapt certification programmes,

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including evaluation processes. Member States shall ensure that training is

available for natural persons carrying out the following tasks:

(a) installation, servicing, maintenance, repair or decommissioning

of the equipment listed in the points (a) to (f) of Article 4(2);

(b) leak checks of the equipment referred to in points (a) to (e) of

Article 4(2), as provided for in Article 4(1); (c) recovery of

fluorinated greenhouse gases as provided for in Article 8(1).

2. Member States shall ensure that training programmes for natural persons

recovering fluorinated greenhouse gases from air-conditioning equipment in

motor vehicles falling within the scope of Directive 2006/40/EC are

available, on the basis of the minimum requirements referred to in

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;

(d) safe handling of equipment of the type and size covered by

the certificate;

(e) information on relevant technologies to replace or to reduce

the use of fluorinated greenhouse gases and their safe

handling.

4. Certificates under the certification programmes provided for 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 minimum requirements for certification programmes are those laid

down in Regulations (EC) No 303/2008 to (EC) No 306/2008 and under

paragraph 12. The minimum requirements for training attestations are those

laid down in Regulation (EC) No 307/2008 and under paragraph 12. 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, as well as the conditions for mutual recognition of certificates

and training attestations.

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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 points (a) to (d) of Article 4(2)

for other parties.

7. Existing certificates and training attestations issued in accordance with

Regulation (EC) No 842/2006 shall remain valid, in accordance with the

conditions under which they were originally issued.

8. Member States shall ensure that all natural persons holding certificates

under certification programmes provided for in paragraphs 1 and 7 have

access to information regarding each of the following:

(a) technologies referred to point (e) of paragraph 3; and

(b) existing regulatory requirements for working with equipment

containing alternative refrigerants to fluorinated greenhouse

gases.

9. Member States shall ensure the availability of training for natural

persons who wish to update their knowledge in relation to the matters

referred to in paragraph 3.

10. By 1 January 2017 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.

11. 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 pursuant to this

Article.

12. In the event that it appears necessary for the purposes of the application

of this Article, to provide for a more harmonised approach to training and

certification, the Commission shall, by means of implementing acts, adapt

and update the minimum requirements as to the skills and knowledge to be

covered, specify the modalities of the certification or attestation and the

conditions for mutual recognition and repeal acts adopted pursuant to

Article 5(1) of Regulation (EC) No 842/2006. Those implementing acts

shall be adopted in accordance with the examination procedure referred to in

Article 24. When exercising the power conferred on it by this paragraph, the

Commission shall take into account relevant existing qualification or

certification schemes.

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13. The Commission may, by means of implementing acts, determine the

format of the notification referred to in paragraph 10 of this Article and may

repeal acts adopted pursuant to Article 5(5) of Regulation (EC) No

842/2006. Those implementing acts shall be adopted in accordance with the

examination procedure referred to in Article 24.

14. 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.

15. Nothing in this Article shall prevent Member States from setting up

further certification and training programmes in respect of equipment other

than that referred to in paragraph 1.

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CHAPTER III

PLACING ON THE MARKET AND CONTROL OF USE

Article 11

Restrictions on the placing on the market

1. The placing on the market of products and equipment listed in Annex III,

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 fluorinated greenhouse gas

contained.

2. The prohibition set out in paragraph 1 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 and

does not contain hydrofluorocarbons.

3. 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 III containing, or whose

functioning relies upon, fluorinated greenhouse 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 24.

4 For the purposes of carrying out the installation, servicing, maintenance

or repair of the equipment that contains fluorinated greenhouse gases or

whose functioning relies upon those gases for which certification or

attestation is required under Article 10, fluorinated greenhouse gases shall

only be sold to and purchased by undertakings that hold the relevant

certificates or attestations in accordance with Article 10 or undertakings

that employ persons holding a certificate or a training attestation in

accordance with Article 10(2) and (5). This paragraph shall not prevent non-

certified undertakings, who do not carry out the activities referred to in the

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first sentence of this paragraph, from collecting, transporting or delivering

fluorinated greenhouse gases.

5. Non-hermetically sealed equipment charged with fluorinated greenhouse

gases shall only be sold to the end user where evidence is provided that the

installation is to be carried out by an undertaking certified in accordance

with Article 10.

6. The Commission shall collect, on the basis of available data from

Member States, information on national codes, standards or legislation of

Member States with respect to replacement technologies using alternatives

to fluorinated greenhouse gases in refrigeration, air-conditioning and heat

pump equipment and in foams.

The Commission shall publish a synthesis report on the information

collected under the first subparagraph by 1 January 2017.

Article 12

Labelling and product and equipment information

1. Products and equipment that contain, or whose functioning relies upon,

fluorinated greenhouse gases shall not be placed on the market unless they

are labelled. This only applies to:

(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, with the

exception of metered dose inhalers for the delivery of pharmaceutical ingredients;

(g) all fluorinated greenhouse gas containers; (h) fluorinated greenhouse gas-

based solvents; (i) organic Rankine cycles.

2. Products or equipment subject to an exemption under Article 11(3) 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) a reference that the product or equipment contains fluorinated

greenhouse gases or that its functioning relies upon such gases;

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(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 required pursuant to paragraph 1 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 shall be clearly readable 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 it

is to be placed on the market.

5. Foams and pre-blended polyols that contain fluorinated greenhouse gases

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, this 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.

7. Fluorinated greenhouse gases placed on the market for destruction shall

be labelled with an indication that the contents of the container may only be

destroyed.

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8. Fluorinated greenhouse gases placed on the market for direct export shall

be labelled with an indication that the contents of the container may only be

directly exported.

9. Fluorinated greenhouse gases placed on the market for the 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 placed on the market for the etching of

semiconductor material or the 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 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 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. 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 with a global warming potential of 150 or more this information shall

also be included in descriptions used for advertising.

14. The Commission may, by means of implementing acts, determine the

format of the labels referred to in paragraph 1 and paragraphs 4 to 12 and

may repeal acts adopted pursuant to Article 7(3) of Regulation (EC) No

842/2006. Those implementing acts shall be adopted in accordance with the

examination procedure referred to in Article 24.

15. The Commission shall be empowered to adopt delegated acts in

accordance with Article 22 amending the labelling requirements set out in

paragraphs 4 to 12 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 shall be prohibited.

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As regards installations using a quantity of sulphur hexafluoride below 850

kg per year, in respect of magnesium die-casting and in the recycling of

magnesium die-casting alloys, this prohibition shall only apply from 1

January 2018.

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

3. From 1 January 2020, the use of fluorinated greenhouse gases, with a

global warming potential of 2 500 or more, to service or maintain

refrigeration equipment with a charge size of 40 tonnes of CO2 equivalent

or more, shall be 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 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 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

pursuant to Article 11(3).

Article 14

Pre-charging of equipment with hydrofluorocarbons

1. From 1 January 2017 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 Chapter IV.

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.

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From 1 January 2018, where hydrofluorocarbons contained in the

equipment have not been placed on the market prior to the charging of the

equipment, importers of that equipment shall ensure that by 31 March every

year the accuracy of the documentation and declaration of conformity is

verified, for the preceding calendar year, by an independent auditor. The

auditor shall be either:

(a) accredited pursuant to Directive 2003/87/EC of the European

Parliament and of the Council (1); or

(b) accredited to verify financial statements in accordance with the

legislation of the Member State concerned. Manufacturers and

importers of equipment referred to in paragraph 1 shall keep

the documentation and declaration of conformity for a period

of at least five years after the placing on the market of that

equipment. Importers of equipment placing on the market pre-

charged equipment where hydrofluorocarbons contained in that

equipment have not been placed on the market prior to the

charging of the equipment shall ensure they are registered

pursuant to point (e) of Article 17(1).

3. By drawing up the declaration of conformity, manufacturers and

importers of equipment referred to in paragraph 1 shall assume

responsibility for compliance with paragraphs 1 and 2.

4. The Commission shall, by means of implementing acts, determine the

detailed arrangements relating to the declaration of conformity and the

verification by the independent auditor referred to in the second

subparagraph of paragraph 2 of this Article. Those implementing acts shall

be adopted in accordance with the examination procedure referred to in

Article 24.

CHAPTER IV

REDUCTION OF THE QUANTITY OF HYDROFLUOROCARBONS

PLACED ON THE MARKET

Article 15

Reduction of the quantity of hydrofluorocarbons placed on the market

1. The Commission shall ensure that the quantity of hydrofluorocarbons

that producers and importers are entitled to place on the market in the Union

each year does not exceed the maximum quantity for the year in question

calculated in accordance with Annex V.

Producers and importers shall ensure that the quantity of

hydrofluorocarbons calculated in accordance with Annex V that that each of

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them places on the market does not exceed their respective quota allocated

pursuant to Article 16(5) or transferred pursuant to Article 18.

2. This Article shall not apply to producers or importers of less than 100

tonnes of CO2 equivalent of hydrofluorocarbons per year.

This Article shall also not apply to the following categories of

hydrofluorocarbons:

(a) hydrofluorocarbons imported into the Union for destruction;

(b) hydrofluorocarbons used by a producer in feedstock

applications or supplied directly by a producer or an importer

to undertakings for use in feedstock applications;

(c) hydrofluorocarbons supplied directly by a producer or an

importer to undertakings, for export out of the Union, where

those hydrofluorcarbons are not subsequently made available

to any other party within the Union, prior to export;

(d) hydrofluorocarbons supplied directly by a producer or an

importer for use in military equipment;

(e) hydrofluorocarbons 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;

(f) from 1 January 2018 onwards, hydrofluorocarbons supplied

directly by a producer or an importer to an undertaking

producing metered dose inhalers for the delivery of

pharmaceutical ingredients.

3. This Article and Articles 16, 18, 19 and 25 shall also apply to

hydrofluorocarbons contained in pre-blended polyols.

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 that:

(a) for those particular applications, products or equipment,

alternatives are not available, or cannot be used for technical or

safety reasons; and

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(b) a sufficient supply of hydrofluorcarbons cannot be ensured

without entailing disproportionate costs.

Those implementing acts shall be adopted in accordance with the

examination procedure referred to in Article 24.

Article 16

Allocation of quotas for placing hydrofluorocarbons on the market

1. By 31 October 2014 the Commission shall, by means of implementing

acts, determine for each producer or importer, having reported data under

Article 6 of Regulation (EC) No 842/2006, a reference value based on the

annual average of the quantities of hydrofluorocarbons the producer or

importer reported to have placed on the market from 2009 to 2012. The

reference values shall be calculated in accordance with Annex V to this

Regulation.

Those implementing acts shall be adopted in accordance with the

examination procedure referred to in Article 24.

2. Producers and importers that have not reported placing on the market

hydrofluorocarbons under Article 6 of Regulation (EC) No 842/2006 for the

reference period referred to in paragraph 1 may declare their intention to

place hydrofluorocarbons on the market in the following year.

The declaration shall be addressed to the Commission, specifying the types

of hydrofluorocarbons and the quantities that are expected to be placed on

the market.

The Commission shall issue a notice of the time-limit for submitting those

declarations. Before submitting a declaration pursuant to paragraphs 2 and

4 of this Article, undertakings shall register in the registry provided for in

Article 17.

3. By 31 October 2017 and every three years thereafter, the Commission

shall recalculate the reference values for the producers and importers

referred to in paragraphs 1 and 2 of this Article on the basis of the annual

average of the quantities of hydrofluorocarbons lawfully placed on the

market from 1 January 2015 as reported under Article 19 for the years

available. The Commission shall determine those reference values by means

of implementing acts.

Those implementing acts shall be adopted in accordance with the

examination procedure referred to in Article 24.

4. Producers and importers for which reference values have been

determined may declare additional anticipated quantities following the

procedure set out in paragraph 2.

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5. The Commission shall allocate quotas for placing hydrofluorocarbons on

the market for each producer and importer for each year beginning with the

year 2015, applying the allocation mechanism laid down in Annex VI.

Quotas shall only be allocated to producers or importers which are

established within the Union, or which have mandated an only

representative established within the Union for the purpose of compliance

with the requirements of 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.

The only representative shall comply with all obligations of producers and

importers under this Regulation.

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Article 17

Registry

1. By 1 January 2015, the Commission shall set up and ensure the operation

of an electronic registry for quotas for placing hydrofluorocarbons on the

market (‘the registry’).

Registration in the registry shall be compulsory for the following:

(a) producers and importers to which a quota for the placing on the

market of hydrofluorocarbons has been allocated in accordance

with Article 16(5);

(b) undertakings to which a quota is transferred in accordance with

Article 18;

(c) producers and importers declaring their intention to submit a

declaration pursuant to Article 16(2);

(d) producers and importers supplying, or undertakings in receipt

of hydrofluorocarbons for the purposes listed in points (a) to (f)

of the second subparagraph of Article 15(2);

(e) importers of equipment placing pre-charged equipment on the

market where the hydrofluorocarbons contained in the

equipment have not been placed on the market prior to the

charging of that equipment in accordance with Article 14.

Registration shall be effected by means of application to the Commission in

accordance with procedures to be set out by the Commission.

2. The Commission may, to the extent necessary, by means of

implementing acts, ensure the smooth functioning of the registry. Those

implementing acts shall be adopted in accordance with the examination

procedure in Article 24.

3. The Commission shall ensure that registered producers and importers are

informed via the registry about the quota allocated and about any changes to

it during the allocation period.

4. The competent authorities, including customs authorities, of the Member

States shall have access, for information purposes, to the registry.

Article 18

Transfer of quotas and authorisation to use quotas for the placing on

the market of hydrofluorocarbons in imported equipment

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1. Any producer or importer for whom a reference value has been

determined pursuant to Article 16(1) or (3) and who has been allocated a

quota in accordance with Article 16(5), may transfer in the registry referred

to in Article 17(1) that quota 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 the

second and third subparagraph of Article 16(5).

2. Any producer or importer having received its quota pursuant to Article

16(1) and (3) or to whom a quota has been transferred pursuant to paragraph

1 of this Article may authorise another undertaking to use its quota for the

purpose of Article 14.

Any producer or importer having received its quota exclusively on the basis

of a declaration pursuant to Article 16(2), may only authorise another

undertaking to use its quota for the purpose of Article 14 provided that the

corresponding quantities of hydrofluorocarbons are physically supplied by

the authorising producer or importer.

For the purpose of Articles 15, 16 and 19(1) and (6) 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. The

Commission may require from the authorising producer or importer

evidence that it is active in the supply of hydrofluorocarbons.

CHAPTER V REPORTING Article 19

Reporting on production, import, export, feedstock use and destruction

of the substances listed in

Annexes I or II

1. By 31 March 2015 and every year thereafter, each producer, importer

and exporter that produced, imported or exported one metric tonne or 100

tonnes of CO2 equivalent or more of fluorinated greenhouse gases and

gases listed in Annex II during the preceding calendar year shall report to

the Commission the data specified in Annex VII on each of

those substances for that calendar year. This paragraph shall also apply to

undertakings receiving quotas pursuant to

Article 18(1).

2. By 31 March 2015 and every year thereafter, each undertaking that

destroyed 1 metric tonne or 1 000 tonnes of CO2 equivalent or more of

fluorinated greenhouse gases and gases listed in Annex II during the

preceding calendar year shall report to the Commission the data specified in

Annex VII on each of those substances for that calendar year.

3. By 31 March 2015 and every year thereafter, each undertaking that used

1 000 tonnes of CO2 equivalent or more of fluorinated greenhouse gases as

feedstock during the preceding calendar year shall report to the Commission

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the data specified in Annex VII on each of those substances for that calendar

year.

4. By 31 March 2015 and every year thereafter, each undertaking that

placed 500 tonnes of CO2 equivalent or more of fluorinated greenhouse

gases and gases listed in Annex II contained in products or equipment on

the market during the preceding calendar year shall report to the

Commission the data specified in Annex VII on each of those substances for

that calendar year.

5. Each importer of equipment that place on the market pre-charged

equipment where hydrofluorocarbons contained in this equipment have not

been placed on the market prior to the charging of the equipment shall

submit to the Commission a verification document issued pursuant to

Article 14(2).

6. By 30 June 2015 and every year thereafter, each undertaking which

under paragraph 1 reports on the placing on the market 10 000 tonnes of

CO2 equivalent or more of hydrofluorocarbons during the preceding

calendar year shall, in addition, ensure that the accuracy of the data is

verified by an independent auditor. The auditor 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.

The undertaking shall keep the verification report for at least five years. The

verification report shall be made available, on request, to the competent

authority of the Member State concerned and to the Commission.

7. The Commission may, by means of implementing acts, determine the

format and means 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 24.

8. The Commission shall take appropriate measures to protect the

confidentiality of the information submitted to it in accordance with this

Article.

Article 20

Collection of emissions data

Member States shall establish reporting systems for the relevant sectors

referred to in this Regulation, with the objective of acquiring, to the extent

possible, emissions data.

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CHAPTER VI

FINAL PROVISIONS

Article 21

Review

1. The Commission shall be empowered to adopt delegated acts in

accordance with Article 22 concerning the updating of Annexes I, II and IV

on the basis 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 on the global warming potential of the listed

substances.

2. On the basis of information on the placing on the market of the gases

listed in Annexes I and II, reported in accordance with Article 19, and on

emissions of fluorinated greenhouse gases made available in accordance

with Article 20 and on the basis of any relevant information received from

Member States, the Commission shall monitor the application and effects of

this Regulation.

No later than 31 December 2020, the Commission shall publish a report on

the availability of hydrofluorocarbons on the Union market.

No later than 31 December 2022, it shall publish a comprehensive report on

the effects of this Regulation, including in particular:

(a) a forecast of the continued demand for hydrofluorocarbons up

to and beyond 2030;

(b) an assessment of the need for further action by the Union and

its Member States in light of existing and new international

commitments regarding the reduction of fluorinated

greenhouse gas emissions;

(c) an overview of European and international standards, national

safety legislation and building codes in Member States in

relation to the transition to alternative refrigerants;

(d) a review of the availability of technically feasible and cost-

effective alternatives to products and equipment containing

fluorinated greenhouse gases for products and equipment not

listed in Annex III, taking into account energy efficiency.

3. No later than 1 July 2017, the Commission shall publish a report

assessing the prohibition pursuant to point 13 of Annex III, considering in

particular, the availability of cost-effective, technically feasible, energy-

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efficient and reliable alternatives to multipack centralised refrigeration

systems referred to in that provision. In light of that report, the Commission

shall submit, if appropriate, a legislative proposal to the European

Parliament and to the Council with a view to amending the provision

pursuant to point 13 of Annex III.

4. No later than 1 July 2020, the Commission shall publish a report

assessing whether cost-effective, technically feasible, energy-efficient and

reliable alternatives exist, which make the replacement of fluorinated

greenhouse gases possible in new medium-voltage secondary switchgear

and new small single split air-conditioning systems and shall submit, if

appropriate, a legislative proposal to the European Parliament and to the

Council to amend the list set out in Annex III.

5. No later than 1 July 2017, the Commission shall publish a report

assessing the quota allocation method, including the impact of allocating

quotas for free, and the costs of implementing this Regulation in Member

States and of a possible international agreement on hydrofluorocarbons, if

applicable. In light of that report the Commission shall submit, if

appropriate, a legislative proposal to the European Parliament and to the

Council with a view to:

(a) amending the quota allocation method;

(b) establishing an appropriate method of distributing any possible

revenues.

6. No later than 1 January 2017, the Commission shall publish a report

examining Union legislation with respect to the training of natural persons

for the safe handling of alternative refrigerants to replace or reduce the use

of fluorinated greenhouse gases and shall submit, if appropriate, a

legislative proposal to the European Parliament and to the Council to amend

the relevant Union legislation.

Article 22

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 Articles 12(15) and

21(1) shall be conferred on the Commission for period of five years from 10

June 2014. The Commission shall draw up a report in respect of the

delegation of power not later than nine months before the end of the five

year period. The delegation of power shall be tacitly extended for further

periods of five years, unless the European Parliament or the Council

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opposes such extension not later than three months before the end of each

such period.

3. The delegation of power referred to in Articles 12(15) and 21(1) 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. As soon as it adopts a delegated act, the Commission shall notify it

simultaneously to the European Parliament and to the Council.

5. A delegated act adopted pursuant to Articles 12(15) and 21(1) 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 23

Consultation Forum

In implementing this Regulation, the Commission shall ensure a balanced

participation of Member States’ representatives and representatives of civil

society, including environmental organisations, representatives of

manufacturers, operators and certified persons. To that end, it shall establish

a Consultation Forum for those parties to meet and provide advice and

expertise to the Commission in relation to the implementation of this

Regulation, in particular with regard to the availability of alternatives to

fluorinated greenhouse gases, including the environmental, technical,

economic and safety aspects of their use. The rules of procedure of the

Consultation Forum shall be established by the Commission and shall be

published.

Article 24

Committee procedure

1. The Commission shall be assisted by a committee. 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. Where the committee delivers no opinion, the

Commission shall not adopt the draft implementing act and the third

subparagraph of Article 5(4) of Regulation (EU) No 182/2011 shall apply.

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Article 25

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 must be

effective, proportionate and dissuasive.

Member States shall notify those provisions to the Commission by 1

January 2017 at the latest and shall notify it without delay of any subsequent

amendment affecting them.

2. 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 16(5) or transferred to them in

accordance with Article 18, 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 16(5) 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.

Article 26

Repeal

Regulation (EC) No 842/2006 shall be repealed with effect from 1 January

2015, without prejudice to compliance with the requirements of that

Regulation in accordance with the timetable set out therein.

However, Regulations (EC) No 1493/2007, (EC) No 1494/2007, (EC) No

1497/2007, (EC) No 1516/2007, (EC) No 303/2008, (EC) No 304/2008,

(EC) No 305/2008, (EC) No 306/2008, (EC) No 307/2008 and (EC) No

308/2008 shall remain in force and continue to apply unless and until

repealed by delegated or implementing acts adopted by the Commission

pursuant to this Regulation.

References to Regulation (EC) No 842/2006 shall be construed as

references to this Regulation and shall be read in accordance with the

correlation table in Annex VIII.

Article 27

Entry into force and date of application

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This Regulation shall enter into force on the 20th day following that of its

publication in the Official Journal of the European Union.

It shall apply from 1 January 2015.

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

Member States. Done at Strasbourg, 16 April 2014.

For the European Parliament

The President

M. SCHULZ

For the Council

The President

D. KOURKOULAS

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ANNEX I

FLUORINATED GREENHOUSE GASES REFERRED TO IN POINT

1 OF ARTICLE 2

Substance

GWP (1)

Industrial designation

Chemical name

(Common name)

Chemical formula

HFC-23

trifluoromethane

(fluoroform)

CHF3

14 800

HFC-32

difluoromethane

CH2F2

675

HFC-41

fluoromethane

(methyl fluoride)

CH3F

92

HFC-125

pentafluoroethane

CHF2CF3

3 500

HFC-134

1,1,2,2-tetrafluoroethane

CHF2CHF2

1 100

HFC-134a

1,1,1,2-tetrafluoroethane

CH2FCF3

1 430

HFC-143

1,1,2-trifluoroethane

CH2FCHF2

353

HFC-143a

1,1,1-trifluoroethane

CH3CF3

4 470

HFC-152

1,2-difluoroethane

CH2FCH2F

53

HFC-152a

1,1-difluoroethane

CH3CHF2

124

HFC-161

fluoroethane

(ethyl fluoride)

CH3CH2F

12

HFC-227ea

1,1,1,2,3,3,3-

heptafluoropropane

CF3CHFCF3

3 220

HFC-236cb

1,1,1,2,2,3-

hexafluoropropane

CH2FCF2CF3

1 340

HFC-236ea

1,1,1,2,3,3-

hexafluoropropane

CHF2CHFCF3

1 370

HFC-236fa

1,1,1,3,3,3-

hexafluoropropane

CF3CH2CF3

9 810

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Section 1:

Hydrofluoro

carbons

(HFCs) Substance

GWP (1)

Industrial designation

Chemical name

(Common name)

Chemical formula

HFC-365 mfc

1,1,1,3,3-

pentafluorobutane

CF3CH2CF2CH3

794

HFC-43-10 mee

1,1,1,2,2,3,4,5,5,5-

decafluoropentane

CF3CHFCHFCF2

CF3

1 640

Section 2: Perfluorocarbons (PFCs)

PFC-14

tetrafluoromethane

(perfluoromethane, carbon

tetrafluoride)

CF4

7 390

PFC-116

hexafluoroethane

(perfluoroethane)

C2F6

12 200

PFC-218

octafluoropropane

(perfluoropropane)

C3F8

8 830

PFC-3-1-10 (R-31-

10)

decafluorobutane

(perfluorobutane)

C4F10

8 860

PFC-4-1-12 (R-41-

12)

dodecafluoropentane

(perfluoropentane)

C5F12

9 160

PFC-5-1-14 (R-51-

14)

tetradecafluorohexane

(perfluorohexane)

C6F14

9 300

PFC-c-318

octafluorocyclobutane

(perfluorocyclobutane)

c-C4F8

10 300

Section 3: Other perfluorinated compounds

sulphur hexafluoride

SF6

22 800

(1) Based on the Fourth Assessment Report adopted by the

Intergovernmental Panel on Climate Change, unless otherwise indicated.

ANNEX II

OTHER FLUORINATED GREENHOUSE GASE SUBJECT TO

REPORTING IN ACCORDANCE WITH ARTICLE 19

HFC-245ca

1,1,2,2,3-

pentafluoropropane

CH2FCF2CHF2

693

HFC-245fa

1,1,1,3,3-

pentafluoropropane

CHF2CH2CF3

1 030

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Substance

GWP (1) Common name/industrial designation Chemical

formula

Section 1: Unsaturated hydro(chloro)fluorocarbons

HFC-1234yf

CF3CF = CH2

4 Fn (2)

HFC-1234ze

trans — CHF =

CHCF3

7 Fn 2

HFC-1336mzz

CF3CH =

CHCF3

9

HCFC-1233zd

C3H2ClF3

4,5

HCFC-1233xf

C3H2ClF3

1 Fn (3)

Section 2: Fluorinated ethers and alcohols

HFE-125

CHF2OCF3

14 900

HFE-134 (HG-00)

CHF2OCHF2

6 320

HFE-143a

CH3OCF3

756

HCFE-235da2 (isofluorane)

CHF2OCHClC

F3

350

HFE-245cb2

CH3OCF2CF3

708

HFE-245fa2

CHF2OCH2C

F3

659

HFE-254cb2

CH3OCF2CH

F2

359

HFE-347 mcc3 (HFE-7000)

CH3OCF2CF2

CF3

575

HFE-347pcf2

CHF2CF2OC

H2CF3

580

HFE-356pcc3

CH3OCF2CF2

CHF2

110

HFE-449sl (HFE-7100)

C4F9OCH3

297

HFE-569sf2 (HFE-7200)

C4F9OC2H5

59

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Substance

GWP (1) Common name/industrial designation Chemical formula

HFE-43-10pccc124 (H-Galden 1040x)

HG-11

CHF2OCF2OC2F4OC

HF2

1 870

HFE-236ca12 (HG-10)

CHF2OCF2OCHF2

2 800

HFE-338pcc13 (HG-01)

CHF2OCF2CF2OCHF

2

1 500

HFE-347mmy1

(CF3)2CFOCH3

343

2,2,3,3,3-pentafluoropropanol

CF3CF2CH2OH

42

bis(trifluoromethyl)-methanol

(CF3)2CHOH

195

HFE-227ea

CF3CHFOCF3

1 540

HFE-236ea2 (desfluoran)

CHF2OCHFCF3

989

HFE-236fa

CF3CH2OCF3

487

HFE-245fa1

CHF2CH2OCF3

286

HFE 263fb2

CF3CH2OCH3

11

HFE-329 mcc2

CHF2CF2OCF2CF3

919

HFE-338 mcf2

CF3CH2OCF2CF3

552

HFE-338mmz1

(CF3)2CHOCHF2

380

HFE-347 mcf2

CHF2CH2OCF2CF3

374

HFE-356 mec3

CH3OCF2CHFCF3

101

HFE-356mm1

(CF3)2CHOCH3

27

HFE-356pcf2

CHF2CH2OCF2CH

F2

265

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HFE-356pcf3

CHF2OCH2CF2CHF2

502

HFE 365 mcf3

CF3CF2CH2OCH3

11

Substance

GWP (1) Common name/industrial designation Chemical formula

HFE-374pc2

CHF2CF2OCH2CH3

557

- (CF2)4CH (OH)-

73

Section 3: Other perfluorinated compounds

perfluoropolymethylisopropyl

-ether (PFPMIE)

CF3OCF(CF3)

CF2OCF2OCF

3

10 300

nitrogen trifluoride

NF3

17 200

trifluoromethyl sulphur pentafluoride

SF5CF3

17 700

perfluorocyclopropane

c-C3F6

17 340 Fn (4)

(1) Based on the Fourth Assessment Report adopted by the

Intergovernmental Panel on Climate Change, unless otherwise indicated. (2)

GWP according to the Report of the 2010 Assessment of the Scientific

Assessment Panel (SAP) of the Montreal Protocol, Tables 1-11, citing two

peer-reviewed scientific references.

http://ozone.unep.org/Assessment_Panels/SAP/Scientific_Assessment_2010

/index.shtml

(3) Default value, global warming potential not yet available.

(4) Minimum value according to the Fourth Assessment Report adopted by

the Intergovernmental Panel on Climate Change.

ANNEX III

PLACING ON THE MARKET PROHIBITIONS REFERRED TO IN

ARTICLE 11(1)

Products and equipment

Where relevant, the GWP of mixtures containing fluorinated

greenhouse gases shall be calculated in accordance with

Annex IV, as provided for in point 6 of Article 2

Date of

prohibi

tion

1. Non-refillable containers for fluorinated greenhouse gases used

to service, maintain or fill refrigeration, air-conditioning or

heat-pump equipment, fire protection systems or switchgear,

or for use as solvents

4 July

2007

2. Non-confined direct evaporation systems that contain HFCs and

PFCs as refrigerants

4 July

2007

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3. Fire protection equipment

that contain PFCs

4 July

2007

that contain HFC-23

1

January

2016

4. Windows for domestic use that contain fluorinated greenhouse gases

4 July

2007

5. Other windows that contain fluorinated greenhouse gases

4 July 2008

6. Footwear that contains fluorinated greenhouse gases

4 July 2006

7. Tyres that contain fluorinated greenhouse gases

4 July 2007

8. One-component foams, except when required to

meet national safety standards, that contain fluorinated

greenhouse gases with GWP of 150

or more

4 July 2008

9. Aerosol generators marketed and intended for sale

to the general public for entertainment and

decorative purposes, as listed in point 40 of

Annex XVII to Regulation (EC) No 1907/2006,

and signal horns, that contain HFCs with GWP of 150

or more

4 July 2009

10. Domestic refrigerators and freezers that contain

HFCs with GWP of 150 or more

1 January 2015

11. Refrigerators and

freezers for commercial use

(hermetically sealed equipment)

that contain HFCs

with GWP of 2 500 or more

1 January 2020

that contain HFCs with

GWP of 150 or more

1 January 2022

12. Stationary refrigeration equipment, that contains,

or whose functioning relies upon, HFCs with GWP of

2 500 or more except equipment intended for

application designed to cool products to

temperatures below – 50 °C

1 January 2020

13. Multipack centralised refrigeration systems

for commercial use with a rated capacity of 40

kW or more that contain, or whose functioning

relies upon, fluorinated greenhouse gases with

GWP of 150 or more, except in the primary

refrigerant circuit of cascade systems where

fluorinated greenhouse gases with a GWP of

less than 1 500 may be used

1 January

2022

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Products and equipment

Where relevant, the GWP of mixtures

containing fluorinated greenhouse gases shall

be calculated in accordance with Annex IV, as

provided for in point 6 of Article 2

Date of

prohibition

14. Movable room air-conditioning equipment

(hermetically sealed equipment which is

movable between rooms by the end user) that

contain HFCs with GWP of 150 or more

1 January

2020

15. Single split air-conditioning systems

containing less than 3 kg of fluorinated

greenhouse gases, that contain, or whose

functioning relies upon, fluorinated

greenhouse gases with GWP of

750 or more

1 January

2025

16. Foams that contain HFCs with

GWP of 150 or more except

when required to meet national

safety standards

Extruded

polystyrene

(XPS)

1 January

2020

Other

foams

1 January

2023

17. Technical aerosols that contain HFCs with

GWP of 150 or more, except when required to

meet national safety standards or when used

for medical applications

1 January

2018

ANNEX IV

METHOD OF CALCULATING THE TOTAL GWP OF A MIXTURE

The GWP of a mixture is calculated as a weighted average, derived from the

sum of the weight fractions of the individual substances multiplied by their

GWP, unless otherwise specified, including substances that are not

fluorinated greenhouse gases.

Σ ðSubstance X % Ü GWPÞ þ ðSubstance Y% Ü GWPÞ þ ðSubstance N %

Ü GWPÞ, where % is the contribution by weight with a weight tolerance of

+/– 1 %.

For example: applying the formula to a blend of gases consisting of 60%

dimethyl ether, 10 % HFC-152a and 30% isobutane:

Σ ð60 % Ü 1Þ þ ð10 % Ü 124Þ þ ð30 % Ü 3Þ

→\; Total GWP = 13,9

The GWP of the following non-fluorinated substances are used to calculate

the GWP of mixtures. For other substances not listed in this annex a default

value of 0 applies.

Substance

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Common name Industrial

designation

Chemical Formula GWP (1)

methane nitrous

oxide dimethyl

ether methylene

chloride methyl

chloride

chloroform

ethane propane

butane

isobutane

pentane

isopentane

ethoxyethane

(diethyl ether)

methyl formate

hydrogen

ammonia

ethylene

propylene

cyclopentane

R-170

R-290

R-600

R-600a

R-601

R-601a

R-610

R-611

R-702

R-717

R-1150

R-1270

CH4

N2O CH3OCH3

CH2Cl2

CH3Cl

CHCl3

CH3CH3

CH3CH2CH3

CH3CH2CH2CH3

CH(CH3)2CH3

CH3CH2CH2CH2

CH3

(CH3)2CHCH2C

H3

CH3CH2OCH2C

H3

HCOOCH3

H2

NH3

C2H4

C3H6

C5H10

25

298

1

9

13

31

6

3

4

3

5 (2)

5 (2)

4

25

6

0

4

2

5 (2)

(1) Based on the Fourth Assessment Report adopted by the

Intergovernmental Panel on Climate Change, unless otherwise indicated. (2)

Substance not listed in the Fourth Assessment Report adopted by the

Intergovernmental Panel on Climate Change, default value on

the basis of the GWPs of other hydrocarbons.

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ANNEX V

CALCULATION OF THE MAXIMUM QUANTITY, REFERENCE

VALUES AND QUOTAS FOR PLACING

HYDROFLUOROCARBONS ON THE MARKET

The maximum quantity referred to in Article 15(1) shall be calculated by

applying the following percentages to the annual average of the total

quantity placed on the market into the Union during the period from 2009 to

2012. From 2018 onwards, the maximum quantity referred to in Article

15(1) shall be calculated by applying the following percentages to the

annual average of the total quantity placed on the market into the Union

during period 2009 to 2012, and subsequently subtracting the amounts for

exempted uses according to Article 15(2), on the basis of available data.

Years

Percentage to calculate the maximum

quantity of hydrofluorocarbons to be

placed on the market and corresponding

quotas

2015

100 %

2016–17

93 %

2018–20

63 %

2021–23

45 %

2024–26

31 %

2027–29

24 %

2030

21 %

The maximum quantity, reference values and quotas for placing

hydrofluorocarbons on the market referred to in Articles 15 and 16 shall be

calculated as the aggregated quantities of all types of hydrofluorocarbons,

expressed in tonne(s) of CO2 equivalent.

The calculation of reference values and quotas for placing

hydrofluorocarbons on the market referred to in Articles 15 and 16 shall be

based on the quantities of hydrofluorocarbons producers and importers have

placed on the market in the Union during the reference or allocation period

but excluding quantities of hydrofluorocarbons for the usage referred to in

Article 15(2) during the same period, on the basis of available data.

Transactions referred to in point (c) of Article 15(2) shall be verified in

accordance with Article 19(6) regardless of the quantities involved.

ANNEX VI

ALLOCATION MECHANISM REFERRED TO IN ARTICLE 16

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1.Determination of the quantity to be allocated to undertakings for which a

reference value has been established under

Article 16(1) and (3)

Each undertaking for which a reference value has been established receives

a quota corresponding to 89 % of the reference value multiplied by the

percentage indicated in Annex V for the respective year.

2.Determination of the quantity to be allocated to undertakings that have

submitted a declaration under Article 16(2) The sum of the quotas allocated

under point 1 is subtracted from the maximum quantity for the given year

set out

in Annex V to determine the quantity to be allocated to undertakings for

which no reference value has been established and which have submitted a

declaration under Article 16(2) (quantity to be allocated in step 1 of the

calculation).

2.1. Step 1 of the calculation

Each undertaking receives an allocation corresponding to the quantity

requested in its declaration, but no more than a pro-rata share of the quantity

to be allocated in step 1.

The pro-rata share is calculated by dividing 100 by the number of

undertakings that have submitted a declaration. The sum of the quotas

allocated in step 1 is subtracted from the quantity to be allocated in step 1 to

determine the quantity to be allocated in step 2.

2.2. Step 2 of the calculation

Each undertaking that has not obtained 100% of the quantity requested in its

declaration in step 1 receives an additional allocation corresponding to the

difference between the quantity requested and the quantity obtained in step

1. However, this must not exceed the pro-rata share of the quantity to be

allocated in step 2.

The pro-rata share is calculated by dividing 100 by the number of

undertakings eligible for an allocation in step 2. The sum of the quotas

allocated in step 2 is subtracted from the quantity to be allocated in step 2 to

determine the quantity to be allocated in step 3.

2.3. Step 3 of the calculation

Step 2 is repeated until all requests are satisfied or the remaining quantity to

be allocated in the next phase is less than 500 tonnes of CO2 equivalent.

3. Determination of the quantity to be allocated to undertakings that have

submitted a declaration under Article 16(4) For the allocation of quotas for

2015 to 2017 the sum of the quotas allocated under points 1 and 2 is

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subtracted from the maximum quantity for the given year set out in Annex

V to determine the quantity to be allocated to undertakings for which a

reference value has been established and that have submitted a declaration

under Article 16(4).

The allocation mechanism set out under points 2.1 and 2.2 applies.

For the allocation of quotas for 2018 and every year thereafter, undertakings

that have submitted a declaration under Article 16(4) shall be treated in the

same way as undertakings that have submitted a declaration under Article

16(2).

ANNEX VII

DATA TO BE REPORTED PURSUANT TO ARTICLE 19

1. Each producer referred to in Article 19(1) shall report on:

(a) the total quantity of each substance listed in Annexes I and II it

has produced in the Union, identifying the main categories of

application in which the substance is used;

(b) the quantities of each substance listed in Annex I and, where

applicable, Annex II it has placed on the market in the Union,

specifying separately quantities placed on the market for

feedstock uses, direct exports, producing metered dose inhalers

for the delivery of pharmaceutical ingredients, use in military

equipment and use in the etching of semiconductor material or

the cleaning of chemical vapour deposition chambers within

the semi-conductor manufacturing sector;

(c) the quantities of each substance listed in Annexes I and II that

have been recycled, reclaimed and destroyed, respectively;

(d) any stocks held at the beginning and the end of the reporting

period;

(e) any authorisation to use quota, specifying relevant quantities,

for the purpose of Article 14.

2. Each importer referred to in Article 19(1) shall report on:

(a) the quantity of each substance listed in Annex I and, where

applicable, Annex II it has imported into the Union, identifying

the main categories of application in which the substance is

used, specifying separately quantities placed on the market for

destruction, feedstock uses, direct exports, producing metered

dose inhalers for the delivery of pharmaceutical ingredients,

use in military equipment and use in the etching of

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semiconductor material or the cleaning of chemical vapour

deposition chambers within the semiconductor manufacturing

sector;

(b) the quantities of each substance listed in Annexes I and II that

have been recycled, reclaimed and destroyed, respectively;

(c) any authorisation to use quota, specifying relevant quantities,

for the purpose of Article 14; (d) any stocks held at the

beginning and the end of the reporting period.

3. Each exporter referred to in Article 19(1) shall report on:

(a) the quantities of each substance listed in Annexes I and II that it has exported

from the Union other than to be recycled, reclaimed or destroyed;

(b) any quantities of each substance listed in Annexes I and II that it has

exported from the Union to be recycled, reclaimed and destroyed,

respectively.

4. Each undertaking referred to in Article 19(2) shall report on:

(a) the quantities of each substance listed in Annexes I and II

destroyed, including the quantities of those substances

contained in products or equipment;

(b) any stocks of each substance listed in Annexes I and II waiting

to be destroyed, including the quantities of those substances

contained in products or equipment;

(c) the technology used for the destruction of the substances listed

in Annexes I and II.

5. Each undertaking referred to in Article 19(3) shall report on the

quantities of each substance listed in Annex I used as feedstock.

6. Each undenaking referred to in Article 19(4) shall repon on:

(a) the categories of the products or equipment containing

substances listed in Annexes I and II:

(b) the number of units;

(c) any quantities of each substance listed in Annexes I and II

contained in the products or equipment.

ANNEX VIII

CORRELATION TABLE

Environmental Protection (Controls on Ozone-Depleting Substances)

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Regulation (EC) No

842/2006

This Regulation

Article 1 Article 2

Article 3(1)

Article 3(2), first subparagraph

Article 3(2), second subparagraph

Article 3(2), third subparagraph

Article 3(3) Article 3(4)

Article 3(5)

Article 3(6)

Article 3(7)

Article 4(1)

Article 4(2)

Article 4(3)

Article 4(4)

Article 5(1)

Article 5(2), first sentence

Article 5(2), second

sentence

Article 5(2), third sentence

Article 5(3)

Article 5(4)

Article 5(5)

Article 6(1)

Article 6(2)

Article 6(3)

Article 6(4)

Article 7(1), first

subparagraph, first sentence

Article 7(1),first

subparagraph, second and

third sentence

Article 7(1), second

subparagraph

Article 7(2)

Article 7(3), first sentence

Article 7(3), second

sentence

Article 8(1)

Article 8(2)

Article 9(1)

Article 9(2)

Article 9(3)

Article 10

Article 11

Article 12

Article 13(1)

Article 1 Article 2

Article 3(2) and (3)

Article 4(1), (2) and (3)

Article 3(3), second subparagraph

Article 5(1)

Article 4(3)

Article 4(4)

Article 6(1) and (2)

Article 4(5)

Article 8(1)

Article 8(2)

Article 8(3)

____

Article 10(5) and (12)

Article 10(1), (2) and (6)

Article 10(10, first subparagraph

Article 3(4), first subparagraph and

Article 10(3)

Article 11(4)

Article 10(13)

Article 19(1) and Annex VII

Article 19(7)

Article 19(8)

Article 20 and Article 6(2)

Article 12(1) first sentence

Article 12(2), (3) and (4)

Article 12(13)

Article 12(1), second

sentence

Article 12(14)

Article 12(15)

Article 13(1)

Article 13(2)

Article 11(1)

___

___

21(2)

___

Article 24

Article 25(1), first

subparagraph

Article 25(1), second

subparagraph

___

Article 27

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Article 13(2)

Article 14

Article 15

Annex I – Part 1

Annex I – Part 2

Annex II

Annex I

Annex IV

Annex III