What changed

From · act followup · 2024-04-15 SP-2024-81-TA-9-2023-0092 Follow up to T9-0092/2023

→

To · opinion parliamentary committee draft · 2022-10-06 ITRE-PA-737218 on the proposal for a regulation of the European Parliament and of the Council on fluorinated greenhouse gases, amending Directive (EU) 2019/1937 and repealing Regulation (EU) No 517/2014

+299 added · −8 removed · 0 modified paragraphs hide unchanged text

~~ORDINARY LEGISLATIVE procedure~~

PA_Legam

Follow up to the European Parliament legislative resolution on the proposal for a regulation of the European Parliament and of the Council on fluorinated greenhouse gases, amending Directive (EU) 2019/1937 and repealing Regulation (EU) No 517/2014

SHORT JUSTIFICATION

~~1. Rapporteur: Bas EICKHOUT (Greens/RFA / NL)~~

The Rapporteur supports many elements in the Commission proposal, especially regarding the enhanced implementation and enforcement on matters of illegal trade, the training needs on F-gas alternatives, the monitoring and reporting to fill existing gaps and improve processes and data quality for compliance and clarity, as well as internal coherence to support better implementation and understanding of the rules. Training and certification for sustainable alternatives is important.

~~2. Reference numbers: 2022/0099 (COD) / A9-0048/2023 / P9_TA(2024)0002~~

The Rapporteur believes that the F-gas Regulation is a key instrument with respect to emissions of fluorinated greenhouse gases (F-gases) and that the 2014 F-Gas Regulation has proven to be successful. The Rapporteur also believes that more should be done to prevent additional F-gas emissions, thereby contributing to EU climate objectives, and that compliance with the Montreal Protocol as regards obligations related to hydrofluorocarbons (‘HFCs’) should be ensured.

~~3. Date of adoption of the resolution: 16 January 2024~~

However, the Rapporteur is of the opinion that certain provisions of the Commission’s proposal could potentially jeopardize the clean energy transformation in heating and cooling and the achievement of EU energy independence, creating an additional burden to the European industry as well as to European consumers who wish to switch towards sustainable and efficient heating and cooling solutions. Therefore, the Rapporteur proposes amendments to ensure the availability of a full and diverse range of refrigerants for heating and cooling installations, in line with the Repower EU’s ambition to frontload the deployment of heat pumps by 2030, as well as the Energy Efficiency Directive and the Energy Performance of Buildings Directive. The Rapporteur also proposes to extend the ban date for 12 to 24 kV (12 kV excluded) voltage level switchgear from 2026 to 2028, as there are concerns that manufacturers will not be able to supply enough SF6-free switchgear by 2026 on this specific voltage level.

~~4. Legal basis: Article 192(1) of the Treaty on the Functioning of the European Union~~

Furthermore, the Rapporteur wants to achiever a better balance between phasing down F-gases and considerations of patient health. F-gases are widely used as propellants in metered dose inhaler (MDIs). The Rapporteur therefore reinstates the long-standing exemption for MDIs under the F-Gas regulation, which is deleted in the Commission proposal.

~~5. Competent Parliamentary Committee: Committee on Environments, Public Health and Food Safety (ENVI)~~

AMENDMENTS

~~6. Commission's position: accepts all amendments~~

The Committee on Industry, Research and Energy calls on the Committee on the Environment, Public Health and Food Safety, as the committee responsible, to take into account the following amendments:

Amendment 1

Proposal for a regulation

Recital 4 a (new)

Text proposed by the Commission

Amendment

(4a) The HFC phase-down should not compromise the Union’s energy-efficiency ambitions as laid out in, among others, the European Green Deal, the Directive 2010/31/EU of the European Parliament and of the Council1a and the RePowerEU Plan, including the uptake of low-climate impact waste-heat recovery applications, such as heatpumps, as well as foams used for high performance insulation. The RePowerEU Plan envisions an additional 20 million new heat pumps to be installed in the Union by 2026 and nearly 60 million by 2030.

_________________

1a Directive 2010/31/EU of the European Parliament and of the Council of 19 May 2010 on the energy performance of buildings (OJ L 153 18.6.2010, p. 13).

Or. en

Justification

The Commission's proposal on the proposed HFC phase-down would de facto be a phase-out of HFCs in new equipment as of 2027 which would seriously jeopardize the EU’s 2030 climate and energy ambitions and the goal of REPowerEU to accelerate heatpump roll-out.

Amendment 2

Proposal for a regulation

Recital 15

Text proposed by the Commission

Amendment

(15) Non-refillable containers for ozone depleting substances, should be banned, considering that an amount of refrigerant inevitably remains in these containers when emptied, which is then released into the atmosphere. In this respect, this Regulation should prohibit their import, placing on the market, subsequent supply or making available on the market, use unless for laboratory and analytical uses, and their export.

(15) Non-refillable containers for refrigerants, should be banned, considering that an amount of refrigerant inevitably remains in these containers when emptied, which is then released into the atmosphere. In this respect, this Regulation should prohibit their import, placing on the market, subsequent supply or making available on the market, use unless for laboratory and analytical uses, and their export.

Or. en

Justification

EU Training and Certification requirements are extended to HFOs, but it is not required to have a certificate for non-fluorinated refrigerants. The Rapporteur proposes to widen the scope of the requirements to HFOs to all types of refrigerants, including non-fluorinated alternatives, which would have benefits in terms of environmental protection, safety, energy efficiency and consumers rights.

Amendment 3

Proposal for a regulation

Article 3 – paragraph 1 – point 17

Text proposed by the Commission

Amendment

(17) ‘installation’ means joining two or more pieces of equipment or circuits containing or designed to contain fluorinated greenhouse gases, with a view to assembling a system in the location where it will be operated, that entails joining together gas carrying conductors of a system to complete a circuit;

(17) ‘installation’ means joining two or more pieces of equipment or circuits containing or designed to contain refrigerants, 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;

Or. en

Justification

EU Training and Certification requirements are extended to HFOs, but it is not required tt have a certificate for non-fluorinated refrigerants. The Rapporteur proposes to widen the scope of the requirements to HFOs to all types of refrigerants, including non-fluorinated alternatives, which would have benefits in terms of environmental protection, safety, energy efficiency and consumers rights.

Amendment 4

Proposal for a regulation

Article 7 – paragraph 2 – subparagraph 1 – introductory part

Text proposed by the Commission

Amendment

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:

The records referred to in paragraph 1 shall be stored in a database set up by the competent authorities of the Member States and the following rules shall apply:

Or. en

Justification

Storing logbook data in a database set up by Member States will ensure better data gathering and an improved understanding of existing data gaps (e.g., leakage rates). Some Member States have already introduced electronic logbook systems, and have already gathered important information in their countries. Such systems should therefore become mandatory for all Member States.

Amendment 5

Proposal for a regulation

Article 8 – paragraph 1 – subparagraph 1

Text proposed by the Commission

Amendment

Operators of stationary equipment or of refrigeration units of refrigerated trucks and trailers that contain fluorinated greenhouse gases listed in Annex I and Annex II, Section 1, not contained in foams, shall ensure that the recovery of those gases is carried out by natural persons that hold the relevant certificates provided for in Article 10, so and that those gases are recycled, reclaimed or destroyed.

Operators of stationary equipment or of refrigeration units of refrigerated trucks and trailers shall ensure that the refrigerant recovery gas is carried out by natural persons that hold the relevant certificates provided for in Article 10, so and that those gases are recycled, reclaimed or destroyed.

Or. en

Justification

Amendment 6

Proposal for a regulation

Article 10 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

1. Member States shall, on the basis of the minimum requirements referred to in paragraph 5, establish or adapt certification programmes, including evaluation processes, and ensure that training on practical skills and theoretical knowledge is available for natural persons carrying out the following tasks involving fluorinated greenhouse gases listed in Annex I and Annex II, Section 1 and other relevant alternatives to fluorinated greenhouse gases:

1. Member States shall, on the basis of the minimum requirements referred to in paragraph 5, establish or adapt certification programmes on refrigerations, including evaluation processes, and ensure that training on practical skills and theoretical knowledge is available for natural persons carrying out the following tasks:

Or. en

Justification

EU Training and Certification requirements are extended to HFOs, but it is not required to have a certificate for non-fluorinated refrigerants. The Rapporteur proposes to widen the scope of the requirements to HFOs to all types of refrigerants, including non-fluorinates alternatives, which would have benefits in terms of environmental protection, safety, energy efficiency and consumers rights.

Amendment 7

Proposal for a regulation

Article 10 – paragraph 3 – point c

Text proposed by the Commission

Amendment

Or. en

Justification

EU Training and Certification requirements are extended to HFOs, but it is not required to have a certificate for non-fluorinated refrigerants. The Rapporteur proposes to widen the scope of the requirements to HFOs to all types of refrigerants, including non-fluorinates alternatives, which would have benefits in terms of environmental protection, safety, energy efficiency and consumers rights.

Amendment 8

Proposal for a regulation

Article 10 – paragraph 6 a (new)

Text proposed by the Commission

Amendment

6a. By ...[ six months from entry into force of this Regulation], Member States shall establish new or adapt existing certification schemes and training programmes for the purposes of paragraphs 1, 2, 3 and 6 .

Or. en

Justification

Installers, trained and certified in that way, are urgently required throughout Europe. Member States should therefore establish or adapt certification and training schemes in that regard.

Amendment 9

Proposal for a regulation

Article 11 – paragraph 1 – subparagraph 1

Text proposed by the Commission

Amendment

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

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

Or. en

Justification

The added wording ‘including parts thereof’ to the placing on the market prohibitions would impair the repair and upgrading of existing equipment on the market, which will result in a huge increase of waste and this goes fully against the objective of durability and reparability.

Amendment 10

Proposal for a regulation

Article 11 – paragraph 1 – subparagraph 2

Text proposed by the Commission

Amendment

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

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

Or. en

Justification

It should be allowed to return products and equipment that were unlawfully placed on the EU market back to their country of origin. Imposing that such products are disposed of would go against the durability principles, similar to the EU Ecodesign for Sustainable Products Regulation.

Amendment 11

Proposal for a regulation

Article 11 – paragraph 3 – subparagraph 1

Text proposed by the Commission

Amendment

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

In addition to the placing on the market prohibition set out in Annex IV, point 1, the import, placing on the market, any subsequent supply, or making available to other persons within the Union for payment or free of charge, use or export of non-refillable containers for refrigerants shall be prohibited. Such containers may only be stored or transported for subsequent disposal. This prohibition does not apply to containers for laboratory or analytical uses.

Or. en

Justification

EU Training and Certification requirements are extended to HFOs, but it is not required to have a certificate for non-fluorinated refrigerants. The Rapporteur proposes to widen the scope of the requirements to HFOs to all types of refrigerants, including non-fluorinates alternatives, which would have benefits in terms of environmental protection, safety, energy efficiency and consumers rights.

Amendment 12

Proposal for a regulation

Article 16 – paragraph 2 – point c

Text proposed by the Commission

Amendment

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

(c) supplied directly by a producer or an importer to undertakings, for export out of the Union, not contained in products in pre-charged equipment referred to in Article 19(1), where those hydrofluorocarbons are not subsequently made available to any other party within the Union, prior to export;

Or. en

Justification

The proposed text does not provide sufficient time to complete the transition to low-GWP pMDIs until 2030

Amendment 13

Proposal for a regulation

Article 16 – paragraph 2 – point e a (new)

Text proposed by the Commission

Amendment

(ea) supplied directly by a producer or an importer to an undertaking producing metered dose inhalers for the delivery of pharmaceutical ingredients, before 31 December 2029;

Or. en

Justification

The F-gas Revision Proposal asks for a reduction of approximately minus 60% already in 2027, and approximately minus 80% in 2030. New alternatives to presently used propellants in MDIs are, however, not currently market ready. To ensure the supply of MDIs and avoid potential interruption of patient access, the current MDI exemption should be kept until 31 December 2029.

Amendment 14

Proposal for a regulation

Article 16 – paragraph 2 – point e b (new)

Text proposed by the Commission

Amendment

(eb) from 1 January 2030, supplied directly by a producer or an importer to an undertaking producing metered dose inhalers for the delivery of pharmaceutical ingredients, for export out of the Union.

Or. en

Justification

MDI producers based in the EU are at a disadvantage compared to MDI producers based outside of the EU when supplying their MDIs to the non-EU market. Pharma propellant purchased from an EU F-gas producer is considered an inner-EU transaction and as such POM (placing on the EU market) for which an EU F-gas quota is required. This is the case even for gas that will be used in MDI products for export outside the EU. Gas purchased for use in such products should be exempted from the EU F-gas quota as is also the case for technical refrigerant exports (Article 16, 2 (c) ).

Amendment 15

Proposal for a regulation

Article 17 – paragraph 6

Text proposed by the Commission

Amendment

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

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

Or. en

Justification

This amendment would allow the Commission to adopt delegated acts to avoid any shortfall in availability of medical F-gas.

Amendment 16

Proposal for a regulation

Article 23 – paragraph 12 – subparagraph 3

Text proposed by the Commission

Amendment

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

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

Or. en

Amendment 17

Proposal for a regulation

Annex IV – point 14

Text proposed by the Commission

Amendment

(14) Stationary refrigeration equipment, that contains, or whose functioning relies upon, fluorinated greenhouse gases with GWP of 2 500 or more except equipment intended for application designed to cool products to temperatures below – 50 °C.

(14) Stationary refrigeration equipment, that contains, or whose functioning relies upon, fluorinated greenhouse gases with GWP of 1500 or more except equipment intended for application designed to cool products to temperatures below – 50 °C.

Or. en

Justification

- (14) text: The GWP threshold of 2500 is outdated, as the current market is already within a GWP limit of 1500.

Amendment 18

Proposal for a regulation

Annex IV – point 17

Text proposed by the Commission

(17) Plug-in room and other self-contained air-conditioning and heat pump equipment that contain fluorinated greenhouse gases with GWP of 150 or more.

1 January 2025

Amendment

(17) Plug-in room air-conditioning and heat pump equipment that contain fluorinated greenhouse gases with GWP of 150 or more.

1 January 2028

Or. en

Justification

- (17) text: As the Commission proposal does not include a definition of “self-contained”, this ban could be interpreted differently among national authorities as well as market actors.

Amendment 19

Proposal for a regulation

Annex IV – point 18 – point b

Text proposed by the Commission

Amendment

(b) Split systems of a rated capacity of up to and including 12 kW containing, or whose functioning relies upon, fluorinated greenhouse gases with GWP of 150 or more, except when required to meet safety standards;

deleted

Or. en

Justification

- (18) b): The proposed ban concerns any split system, regardless of its vector. In view of the needed accelerated heat pump roll-out due to RePowerEU, the rapporteur proposes to delete this ban.

Amendment 20

Proposal for a regulation

Annex IV – point 18 – point c

Text proposed by the Commission

(c) Split systems of a rated capacity of more than 12 kW containing, or whose functioning relies upon, fluorinated greenhouse gases with GWP of 750 or more, except when required to meet safety standards.

1 January 2027

Amendment

1 January 2030

Or. en

Justification

- (18) c) text: Safety should remain paramount when it comes to consumers and installers. Therefore, undefined exemptions related to differing safety standards should be avoided to ensure adequate implementation of safety rules across Europe.

- (18) c) date: A delay in the restriction for refrigerants with a higher GWP for a transitional period until 2030 will help ensure the ambitions of the RePowerEU plan.

Amendment 21

Proposal for a regulation

Annex IV – point 23 – point a

Text proposed by the Commission

(a) medium voltage switchgear for primary and secondary distribution up to 24 kV, with insulating or breaking medium using, or whose functioning relies upon, gases with GWP of 10 or more, or with GWP of 2000 or more, unless evidence is provided that no suitable alternative is available based on technical grounds within the lower GWP ranges referred to above;

1 January 2026

Amendment

1 January 2028

Or. en

Justification

- (23) a) date: Postponing from two years the deadline on voltage levels between 12 and 24kV would ensure that manufacturers have the time to develop proven and qualified solutions and can provide enough equipment to the whole continent.

Amendment 22

Proposal for a regulation

Annex VII – table

Text proposed by the Commission

Years

Maximum Quantity

in tonnes CO2 equivalent

2024 – 2026

41 701 077

2027 – 2029

17 688 360

2030 – 2032

9 132 097

2033 – 2035

8 445 713

2036 – 2038

6 782 265

2039 – 2041

6 136 732

2042 – 2044

5 491 199

2045 – 2047

4 845 666

2048 onwards

4 200 133

Amendment

Years

Maximum Quantity

in tonnes CO2 equivalent

Maximum Quantity

in tonnes CO2 equivalent

2024 – 2026

41 701 077

2027 – 2029

17 688 360

2030 – 2032

9 132 097

17 688 360

2033 – 2035

8 445 713

9 132 097

2036 – 2038

6 782 265

8 445 713

2039 – 2041

6 136 732

6 782 265

2042 – 2044

2042

5 491 199

6 136 732

2045 – 2047

2043 – 2044

4 845 666

5 491 199

2045-2047

4 845 666

2048 onwards

4 200 133

Or. en

Justification

- (1): A realistic timeline is needed for industry to switch its technological solutions to natural refrigerants.

Amendment 23

Proposal for a regulation

Annex VIII – point 1 – subparagraph 3

Text proposed by the Commission

Amendment

In case where after allocating the full amount of quotas as referred to in the second subparagraph, the maximum quantity is exceeded, all quotas will be reduced proportionally.

In case where after allocating the full amount of quotas as referred to in the second subparagraph, the maximum quantity is exceeded, all quotas allocated under Annex VII, point 4(i) will be reduced proportionally.

Or. en

Justification

- (1): The proposed text does not provide sufficient time to complete the transition to low-GWP pMDIs until 2030