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OPINION (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

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Committee on Industry, Research and Energy · Rapporteur: Sara Skyttedal

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The Committee on Industry, Research and Energy proposes amendments to the Commission's proposal for a regulation on fluorinated greenhouse gases. It supports better enforcement, training and reporting, but seeks to protect the rollout of heat pumps and other clean heating and cooling solutions. It proposes to delay the switchgear ban from 2026 to 2028, reinstate the exemption for metered dose inhalers, and extend recovery and certification duties. It also raises penalties, changes quota payment rules, and asks for assessments of the effects on batteries, electric vehicles and energy storage.

Committee position. The committee supports many elements of the Commission proposal but proposes amendments to protect the clean energy transition, delay the switchgear ban to 2028, reinstate the metered dose inhaler exemption, and strengthen recovery, certification and enforcement rules.

Key points

  1. The rapporteur supports the Commission's focus on enforcement against illegal trade, training on F-gas alternatives, and better monitoring and reporting.
  2. The rapporteur says the 2014 F-Gas Regulation has been successful and that compliance with the Montreal Protocol on hydrofluorocarbons should be ensured.
  3. The rapporteur proposes amendments to keep a full range of refrigerants available for heating and cooling, in line with RePowerEU and energy efficiency rules.
  4. The rapporteur proposes to extend the ban date for 12 to 24 kV switchgear from 2026 to 2028 because of supply concerns.
  5. The rapporteur wants to reinstate the exemption for metered dose inhalers and to protect patient access to these medicines.
  6. The amendments add new recitals on heat pumps, batteries and energy storage, PFAS under REACH, harmonised standards, and cooperation with the European Medicines Agency.
  7. The amendments require leak detection systems on residential heat pumps and better recovery of refrigerants, including through waste electrical and electronic equipment schemes.
  8. The amendments require producer responsibility schemes for recovering fluorinated gases by 31 December 2027 and registration of recovery and destruction undertakings on the F-gas Portal.
  9. The amendments add certification requirements on installation location and natural refrigerants, and require member states to notify adapted certification and training programmes.
  10. The amendments change placing-on-the-market rules, allow exemptions of up to seven years, and require the Commission to assess effects on electric vehicles and energy storage within one year.
  11. The amendments change quota payment to four euro per tonne of CO2 equivalent, assign revenue to LIFE and Horizon Europe, and add safeguards for public health and pharmaceutical supply.
  12. The amendments raise maximum administrative fines to at least six times the market value, or ten times for repeated infringements, and set up a Consultation Forum sub-group on public health.

Who is affected

  • Manufacturers of switchgear, who would get until 2028 instead of 2026 to stop using SF6 at 12 to 24 kV.
  • Patients and the pharmaceutical sector, as the metered dose inhaler exemption is reinstated and supply safeguards are added.
  • Building owners and contractors, who must recover foams containing fluorinated gases from 1 January 2025.
  • Producers and importers of fluorinated gases, who face new quota payment, registration and reporting rules.
  • Customs authorities, which must monitor transit, designate customs offices and keep records.

Figures and deadlines

  • HFC supply declined by 37 % in metric tonnes and 47 % in tonnes CO2 equivalent from 2015 until 2019.
  • RePowerEU envisions an additional 20 million new heat pumps by 2026 and nearly 60 million by 2030.
  • Building owners and contractors must recover foams from 1 January 2025.
  • Producer responsibility schemes for recovery must be established by 31 December 2027.
  • Exemptions from placing-on-the-market rules may last up to seven years.
  • The quota allocation amount is four euro for each tonne of CO2 equivalent.
  • Maximum administrative fines are at least six times the market value, or ten times for repeated infringements within a five-year period.
  • The use of desflurane as an inhalation anaesthetic is prohibited from 1 January 2029, except when strictly required.