24 Amendments of Billy KELLEHER related to 2022/0099(COD)
Amendment 124 #
Proposal for a regulation
Recital 6
Recital 6
(6) It is important that this Regulation ensures that the Union complies with its international obligations under the Kigali Amendment to the Protocol in the long- term, in particular, with regards to the reduction of consumption and production of HFCs, reporting and licensing requirements, in particular by introducing a phase-down for production and adding reduction steps for the placing of HFCs on the market for the time after 2030. However to achieve the climate target in energy sector, there might be a rising need of HFCs, in particular in light of the new target established by RePower to deploy 60 million new heat pumps by 2030. It is therefore of outermost importance that this Regulation takes into account the new target as well as the need to further invest in electrification and to expand power grid.
Amendment 126 #
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6 a) Future legislative proposals including the revision of REACH and the potential phase-out of PFAS shall take into account the strict phasing out of HFCs under this Regulation and avoid putting at risk the development of alternative and innovative solutions that could help to fight the climate crisis.
Amendment 165 #
Proposal for a regulation
Recital 18 a (new)
Recital 18 a (new)
(18 a) Metered Dose Inhalers (MDIs) are life-saving medicines for patients suffering from asthma and chronic obstructive pulmonary disease. To avoid any shortages and ensure a smooth transition to safe, accessible and affordable alternatives, the European Commission, the European Medicine Agency and the Health Emergency Preparedness and Response Authority together with patient associations and healthcare professionals' organisations shall work closely together.
Amendment 168 #
Proposal for a regulation
Recital 20
Recital 20
(20) Considering the market value of the allocated quota, it is appropriate to claim a price for its allocation. This avoids a further fragmentation of the market to the detriment of those undertakings that are in need of the HFC supply and already dependent on HFC trade in the declining market. It is assumed that undertakings that decide not to claim and pay any quota, for which they would be entitled in the year(s) prior to the calculation of reference values, have decided to leave the market and thus they do not get a new reference value. The revenue should be used to cover administrative costs. Any remaining revenue should be allocated to Horizon Europe Fund to incentivise the development of alternatives to HFCs.
Amendment 183 #
Proposal for a regulation
Recital 39
Recital 39
(39) In implementing this Regulation, tThe Commission should establish a so- called Consultation Forum to ensure a balanced participation of Member States’ representatives and representatives of civil society, including environmentalfacilitate the implementation of this Regulation. The Consultation Forum shall ensure a balanced participation of Member States’ representatives and of all relevant stakeholders including representatives of environmental organisations, patient associations and healthcare professionals' organisations, representatives of manufacturers, operators and certified persons.
Amendment 192 #
Proposal for a regulation
Recital 41
Recital 41
(41) 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 in respect of the establishment of a list of products and equipment for which the recovery of gases or their destruction is technically and economically feasible and the specification of the technologies to be applied; labelling requirements; the exclusion from quota requirements of HFCs in accordance with decisions of the Parties to the Protocol; concerning the amounts due for the allocation of quota and the mechanism to allocate remaining quotas; additional measures for the monitoring of substances and of products and equipment placed under temporary storage and customs procedures; the rules applicable to the release for free circulation of products and equipment imported from and exported to any entity not covered by the Protocol; the update of global warming potentials of listed substances. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level and that twith the Consultation Forum. Those consultations should be conducted in accordance with the principles laid down in the Inter-institutional Agreement of 13 April 2016 on Better Law-Making38 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. _________________ 38 OJ L 123, 12.5.2016, p. 1.
Amendment 197 #
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Regulation applies to the fluorinated greenhouse gases listed in Annexes I, II and III, whether alone or in a mixture.
Amendment 199 #
Proposal for a regulation
Article 3 – paragraph 1 – point 3 a (new)
Article 3 – paragraph 1 – point 3 a (new)
(3 a) 'Fluorinated greenhouse gas' means the hydrofluorocarbons, perfluorocarbons, sulphur hexafluoride and other greenhouse gases that contain fluorine, listed in Annex I, II and III or mixtures containing any of those substances;
Amendment 343 #
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1
Article 11 – paragraph 1 – subparagraph 1
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.
Amendment 357 #
Proposal for a regulation
Article 11 – paragraph 2 a (new)
Article 11 – paragraph 2 a (new)
2 a. The prohibition set out in paragraph 1, first subparagraph shall not apply to spare parts needed for the repairing and maintenance of existing installations.
Amendment 363 #
Proposal for a regulation
Article 11 – paragraph 4 – subparagraph 1 – introductory part
Article 11 – paragraph 4 – subparagraph 1 – introductory part
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 eight years to allow the placing on the market of products and equipment listed in Annex IV, including parts thereof, containing fluorinated greenhouse gases or whose functioning relies upon those gases, where it is demonstrated that:
Amendment 373 #
Proposal for a regulation
Article 11 – paragraph 5 – subparagraph 1
Article 11 – paragraph 5 – subparagraph 1
Only undertakings that hold a certificate required under Article 10(1), point (a) or the training attestation required under Article 10(2), or undertakings that employ persons holding such a certificate or a training attestation shall be allowed to purchase fluorinated greenhouse gases listed in Annex I or Annex II, Section 1, and spare parts for the purpose of carrying out the installation, servicing, maintenance or repair of the equipment containing those gases, or whose functioning relies upon those gases, referred to in Article 5(2), points (a) to (g), and Article 10(2). The prohibition set out in paragraph 1, first subparagraph shall not cover spare parts that are needed for repair and maintenance of existing installations.
Amendment 415 #
Proposal for a regulation
Article 13 – paragraph 4
Article 13 – paragraph 4
4. The use of desflurane as inhalation anaesthetic is prohibited as from 1 January 20269, except when such use is strictly required and no other anaesthetic can be used on medical grounds. The user shall provide evidence, upon request, on the medical justification to the competent authority of the Member State and the Commission.
Amendment 432 #
Proposal for a regulation
Article 16 – paragraph 2 – point e a (new)
Article 16 – paragraph 2 – point e a (new)
(e a) supplied directly by a producer or an importer for medical use if the usage is of medical necessity and if no other suitable alternative is available.
Amendment 439 #
Proposal for a regulation
Article 16 – paragraph 2 – point e b (new)
Article 16 – paragraph 2 – point e b (new)
(e b) supplied directly by a producer or an importer to repair existing installations.
Amendment 444 #
Proposal for a regulation
Article 16 – paragraph 4 – subparagraph 1 – introductory part
Article 16 – paragraph 4 – subparagraph 1 – introductory part
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 foureight 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 in the request that:
Amendment 463 #
Proposal for a regulation
Article 17 – paragraph 5 – subparagraph 1
Article 17 – paragraph 5 – subparagraph 1
The allocation of quotas is subject to the payment of the amount due which equals to threfive euro for each tonne of CO2 equivalent of quota to be allocated. Importers and producers shall be notified via the F-gas Portal of the total amount due for its calculated maximum quota allocation for the following calendar year and of the deadline for completing the payment. The Commission may, by means of implementing acts, determine the modalities and the detailed arrangements for the payment of the amount due. Those implementing acts shall be adopted in accordance with the examination procedure referred to in 34(2).
Amendment 479 #
Proposal for a regulation
Article 17 – paragraph 7
Article 17 – paragraph 7
7. The revenue generated from the quota allocation amount shall constitute external assigned revenue in accordance with Article 21(5) of Regulation (EU, Euratom) No 2018/1046. That revenue shall be assigned to the LIFE programme and to Heading 7 of the multiannual financial framework (European Public Administration), to cover the costs of external staff working on the management of the quota allocation, IT services, and licensing systems for the purpose of implementation of this Regulation and for ensuring compliance with the Protocol. Any revenue remaining after covering these costs shall be entered into the general budget of the Unionallocated to Horizon Europe Fund.
Amendment 537 #
Proposal for a regulation
Article 31 – paragraph 5 – subparagraph 1
Article 31 – paragraph 5 – subparagraph 1
In cases of unlawful production, import, export, placing on the market, or use of fluorinated greenhouse gases or of products and equipment containing those gases or whose functioning relies on those gases, Member States shall envisage maximum administrative fines of at least fivesix times the market value of the concerned gases or products and equipment concerned. In case of a repeated infringement within a five- year period, the Member States shall envisage maximum administrative fines of at least eightten times the value of the gases or products and equipment concerned.
Amendment 543 #
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
The Commission shall establish a Consultation Forum for providing advice and expertise in relation to the implementation of this Regulation. The Consultation Forum shall ensure a balanced participation of representatives of Member States and of all relevant stakeholders including environmental organisations, patient associations and healthcare professionals organisations, representative of manufacturers, operators and certified persons. The rules of procedure of the Consultation Forum shall be established by the Commission and shall be published.
Amendment 627 #
Proposal for a regulation
Annex IV – point 17
Annex IV – point 17
(17) Plug-in room and other self-contained air-conditioning and heat pump 1 January equipment that contain fluorinated greenhouse gases with GWP of 150 20257 or more.
Amendment 636 #
Proposal for a regulation
Annex IV – point 18
Annex IV – point 18
(18) Stationary split air-conditioning and split heat pump equipment : (a) Single split systems containing less than 3 kg of fluorinated greenhouse gases listed in Annex I, that contain, or whose 1 January 1 January greenhouse gases listed in Annex I, that contain, or whose 2025 functioning relies upon, fluorinated greenhouse gases listed in 2025 Annex I with GWP of 750 or more; (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; 1 January (c) Split systems of a rated capacity of more than 12 kW containing, 20279 containing, or whose functioning relies upon, fluorinated greenhouse gases with GWP of 750 or more, except when required to meet safety standards.
Amendment 650 #
Proposal for a regulation
Annex IV – point 23
Annex IV – point 23
(a) medium voltage switchgear for primary and secondary distribution up to 24 kV, with insulating or breaking medium using, or (23) Installation and whose functioning relies upon, gases with replacement of the 1 January GWP of 10 or more, or with GWP of 2000 following electricalmore than 1000 or more, unless 2026 or more than 2000, unless evidence is switchgear:2026 evidence is provided that no suitable alternative is alternative is available based on technical grounds within (23) Installation and grounds within the lower GWP ranges replacement of referred to above; the following (b) medium voltage switchgear for primary and electrical secondary distribution from more than 24 switchgear: kV and up to 52 kV, with insulating or breaking medium using, or whose 1 January functioning relies upon gases with GWP of 1 January 10 or more, or with GWP of more than 2030 2more than 1000, unless evidence is provided that no provided that no suitable alternative is available based on available based on technical grounds within the lower GWP the lower GWP ranges referred to above; (c) high voltage switchgear from 52 and up to 145 kV and up to 50 kA short circuit current with insulating or breaking medium using, or whose functioning relies upon gases with 1 January GWP of 10 or more, or with GWP of 2028 1 January GWP of more than 21000, unless evidence is 2028 is provided that no suitable alternative is available based on technical grounds within the lower GWP ranges referred to above; (d) high voltage switchgear of more than 145 kV or more than 50 kA short circuit current with insulating or breaking medium using, or whose functioning relies upon gases with 1 January GWP of 10 or more, or with GWP of 2031 1 January GWP of more than 21000, unless evidence is 2031 is provided that no suitable alternative is available based on technical grounds within the lower GWP ranges referred to above.
Amendment 678 #
Proposal for a regulation
Annex VII – point 1
Annex VII – point 1
Maximum Quantity Years in tonnes CO2 equivalent 2024 – 2026 415 701 077 2027 – 2029 17 688 36030 850 539 2030 – 2032 9 132 09717 688 360 2033 – 2035 8 445 7139 132 097 2036 – 2038 6 782 265 2039 – 2041 4 6 136 73238 941 2042 – 2044 5 491 193 247 259 2045 – 2047 4 845 6661 623 629 2048 onwards-2049 811 814 4 2050 133 0