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

Link to law: http://www.gibraltarlaws.gov.gi/articles/2014-13o.pdf
Published: 2014-06-12

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I ASSENT 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)

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
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.
Environmental Protection (Controls on Ozone-Depleting Substances)

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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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(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–

Environmental Protection (Controls on Ozone-Depleting Substances)

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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)

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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)

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

Environmental Protection (Controls on Ozone-Depleting Substances)

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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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2014-13
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)

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
2014-13

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