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REPORT (COM(2022)0150 – C90142/2022 – 2022/0099(COD))

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

A-9-2023-0048

Committee on the Environment, Public Health and Food Safety · Rapporteur: Bas Eickhout

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Parliament's amended version of the Commission proposal for a regulation on fluorinated greenhouse gases, replacing Regulation (EU) No 517/2014 and amending Directive (EU) 2019/1937. It bans the placing on the market and the export of many products and equipment containing fluorinated gases, and bans non-refillable containers. It tightens the HFC quota system, raises the quota price to five euro per tonne of CO2 equivalent, and reserves quotas for metered dose inhalers and heat pumps. It requires extended producer responsibility schemes, recovery of sulfuryl fluoride, leak checks, certification and training, and sets minimum administrative fines for unlawful production, import, export, placing on the market or use.

Committee position. The committee proposes to amend the Commission proposal to phase out HFC production and consumption by 2050, add and strengthen placing-on-the-market and export bans, tighten the quota system, require producer responsibility schemes and training, and increase penalties for illegal trade.

Key points

  1. The regulation applies to fluorinated greenhouse gases in Annexes I, II and III and to products and equipment containing them or relying partly or entirely on them.
  2. Producers and importers must document best available abatement technology, mitigation measures and destruction or recovery of trifluoromethane, keeping the declaration for at least five years.
  3. Operators must capture and recover sulfuryl fluoride after fumigation, with independent scientific verification, and keep documentation for five years.
  4. Manufacturers and operators must check equipment containing 5 tonnes of CO2 equivalent or more of Annex I gases, or 1 kilogram or more of Annex II Section I gases, for leaks.
  5. Member States must require extended producer responsibility schemes by 31 December 2027, with Commission minimum requirements by 31 December 2025.
  6. Member States must establish or adapt certification and training programmes within six months of entry into force, covering natural alternatives.
  7. From 1 January 2024, servicing and maintenance using Annex I gases with a global warming potential of 150 or more for stationary refrigeration, and 2 500 or more for air conditioning, heat pumps, mobile refrigeration and chillers, is prohibited.
  8. The use of desflurane as an inhalation anaesthetic is prohibited from 1 January 2026 except when strictly required on medical grounds.
  9. From 1 January 2030, the use of sulfuryl fluoride for post-harvest fumigation and treatment of wood is prohibited except where strictly required for a phytosanitary certificate.
  10. The quota allocation price is five euro per tonne of CO2 equivalent for 2024-2026 and increases every three years; revenue funds implementation, enforcement and alternatives.
  11. The Commission must assess the impact of the HFC quota phase-down on the heat pump market annually and may grant additional quotas until 2029.
  12. Member States must set minimum administrative fines of at least four times the market value of the gases or products concerned, rising to at least seven times for repeated infringement within five years.

Who is affected

  • Producers and importers of fluorinated greenhouse gases, who must document emissions controls, hold quotas and pay the quota price.
  • Operators and manufacturers of refrigeration, air conditioning, heat pump and fire protection equipment, who face leak checks and placing-on-the-market bans.
  • The metered dose inhaler sector, which receives reserved quotas for the first two allocation periods.
  • The heat pump industry, which may receive additional HFC quotas if the phase-down disrupts the market.
  • Member States, which must set up producer responsibility schemes, certification programmes and penalties.

Figures and deadlines

  • 5 tonnes of CO2 equivalent or more of Annex I gases, or 1 kilogram or more of Annex II Section I gases, triggers leak checks.
  • Hermetically sealed residential equipment containing less than 10 tonnes of CO2 equivalent of Annex I gases or 2 kilograms of Annex II Section I gases is exempt from leak checks.
  • Leakage detection systems are required for equipment containing 500 tonnes of CO2 equivalent or more installed from 1 January 2017.
  • The quota price is five euro per tonne of CO2 equivalent for 2024-2026.
  • The use of desflurane as an inhalation anaesthetic is prohibited from 1 January 2026.
  • The use of sulfuryl fluoride for post-harvest fumigation and wood treatment is prohibited from 1 January 2030.
  • Minimum administrative fines are at least four times the market value, rising to at least seven times for repeated infringement within five years.
  • The Commission must publish an implementation report by 1 January 2027.

Legal basis: Article 294(2) and Article 192(1) of the Treaty on the Functioning of the European Union.