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DRAFT 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

ENVI-PR-737211

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

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This is the rapporteur's draft report on the Commission proposal for a regulation on fluorinated greenhouse gases, amending Directive (EU) 2019/1937 and repealing Regulation (EU) No 517/2014. It adopts Parliament's position at first reading and proposes amendments to accelerate the phase-down of hydrofluorocarbons, ban exports of the most potent gases, and add new placing-on-the-market prohibitions. It also proposes extended producer responsibility schemes, stronger training and certification rules, minimum penalties for illegal trade, and access to justice provisions.

Committee position. The rapporteur proposes to amend the Commission proposal to accelerate the HFC phase-down, ban exports of high GWP gases, add new prohibitions, strengthen producer responsibility, training, penalties and access to justice.

Key points

  1. Parliament adopts its first-reading position on the Commission proposal and asks the Commission to refer the matter back if it substantially amends the proposal.
  2. The amended text bans the export of fluorinated greenhouse gases listed in Annex I, Section 1, with a GWP of 2 500 or more, and of products and equipment containing them.
  3. It aligns HFC production and consumption phase-down schedules, reaching 0 % of 2011-2013 production from 1 January 2050.
  4. It prohibits the use of sulfuryl fluoride for post-harvest fumigation and wood treatment from 1 January 2030, except where strictly required for a phytosanitary certificate.
  5. It requires operators to capture and recover sulfuryl fluoride after fumigation unless recovery is not technically feasible or entails disproportionate costs.
  6. It requires Member States to establish extended producer responsibility schemes by 31 December 2027, with minimum requirements set by the Commission by 31 December 2025.
  7. It requires producers and importers to cover costs of collection, storage, transport and recycling units for certified natural persons.
  8. It requires certification for natural refrigerants and makes certificates valid for five years.
  9. It requires Member States to notify the Commission of certification and training programmes and the number of certified persons, with plans to increase certification if below a minimum threshold.
  10. It sets minimum administrative fines of at least five times the market value of concerned gases or products, and eight times for repeated infringements within five years.
  11. It requires Member States to ensure access to justice for members of the public concerned to challenge decisions, acts and omissions that fail to comply with the regulation.
  12. It requires the Commission to monitor technological and market developments and propose amendments to strengthen prohibitions on high GWP gases when low GWP alternatives emerge.

Who is affected

  • Producers and importers of fluorinated greenhouse gases, who must document mitigation measures and cover collection and recycling costs.
  • Operators using sulfuryl fluoride, who must recover it after fumigation and face a ban from 2030.
  • Member States, which must establish extended producer responsibility schemes and ensure access to justice.
  • Technicians handling fluorinated gases and natural refrigerants, who must be certified and retrained every five years.
  • Exporters of high GWP hydrofluorocarbons and equipment containing them, who face an export ban.

Figures and deadlines

  • HFC production and consumption phase-down: 23,2 % for 2024-2026, 9 % for 2027-2029, 3,9 % for 2030-2032, 3,3 % for 2033-2035, 3,1 % for 2036-2038, 2,8 % for 2039-2041, 2,6 % for 2042-2044, 2,3 % for 2045-2047, 2 % for 2048-2049, 0 % from 2050.
  • Ban on sulfuryl fluoride for post-harvest fumigation and wood treatment from 1 January 2030.
  • Extended producer responsibility schemes to be established by 31 December 2027.
  • Commission to adopt minimum requirements for producer responsibility schemes by 31 December 2025.
  • Minimum administrative fines of at least five times the market value, or eight times for repeated infringements within five years.
  • Certificates valid for five years.
  • Export ban applies to gases with a GWP of 2 500 or more.
  • Prohibition on use of fluorinated greenhouse gases with GWP of 2 500 or more for servicing refrigeration, air conditioning and heat pump equipment from 1 January 2024.

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