Explanatory Memorandum to COM(2018)569 - Delegated acts of the Commission under Regulation (EU) No 517/2014 on fluorinated gases

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dossier COM(2018)569 - Delegated acts of the Commission under Regulation (EU) No 517/2014 on fluorinated gases.
source COM(2018)569 EN
date 06-08-2018
EUROPEAN COMMISSION

LD r u sse I s, 3.8.2018

COM(2018) 569 fina,

REPORT FROM THE COl

ISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL

so m m ission

on the exercise of the power to adopt delegated acts conferred on the Cc ursuantto Keg u latio n (EU) No 517/2014 on fluorinated gases and repealing Kegu lation

(EC) No 842/2006

1. INTRODUCTION

Regulation (EU) No 517/2014 of the Uou nci I and of the Luropean Parliament of 16 Apri,

2014 on fluorinated gases and repealing Kegulation (EC) No 842/2006 (the F-gas

Regulation) lays down rules to protect the environment by reducing emissions of fluorinated greenhouse gases.

To this end the Regulation notably establishes rules regarding.

containment, use, recovery and destruction offluorinated greenhouse gases, conditions for the placing on the market of specific products and equipment that contain or whose function relies upon- fluorinated gases, conditions for the use offluorinated gases, and

quantitative limitsforthe placing on the market of hydrofluorocarbons.

Artie,es 12(15) and 21(1) of the F_gas Regulation empowers the Commission to adopt delegated acts.

I n Article 1 2(1 5) the empowerment concerns amending the labelling requirements set out in paragraphs 4 to 12 wh ere appropriate in the view of commercial or technological development,

I n Article 21 (1) the empowerment concerns updating of r\n n exes I, II and IV on the basis of New Assessments Reports adopted by the Intergovernmental Pa nel on C, I m ate Cn a nge or new r e p o rts of the Sc i e ntifi c Assessment Pa nel (SAP) of the Mo ntreai Protoco I on the global wa r m I n g p ote nti a I of the 11 sted su bsta nces, A n n e x I I i sts hydrofluorocarbons covered by the Regulation, A n n e x II I i sts other fluorinated gases that are subject to reporting under Art i c I e 19 of the Keg u I ati o n and /Annex IV establishes the method of calculating the global warming potential of a mixture (a fluid composed of tw o or more substances, at least one of which is I i ste d in A n n e x I or in A n n e x II).

2. LEGAL BASIS

The present report is required under Article 22(2) of the F gas Regulation. Under this f\ rt i c I e the Uommission has the power to adopt deleg ate d acts for a period of five years from 10J u n e 2014. The C om mission is also required to prepare a report in respect of the delegation of power not later than nine months before the end of the five year period. Article 22(2) also stipulates that the delegation of power to adopt delegated acts shall be tacitly exte n de d fo r further periods of five years, unless the Pa r I i a m ent or the Co unci! opposes such exte n s I o n not later than three months before the end of each such period,

3. EXERCISE OF THE DELEGATION

Since the entry into force of the Regulation (EU) No 517/2014 on fluorinated gases and the period covered by this report, the Commission has not made use of the power to adopt

'OJ L 150, 20.5.2014, P. 195-230.

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delegated acts referred to in Artie,es 12(15) and 21(1). H owever, the reasons that led the co~ legislatorsto confer the power to adopt delegated acts on the Commission remain valid.

As regards the empowerment in Article 12(15) concerning labelling, the need to possibly update these requirements in view of commercial or technological development still apply. The exact timing of any such developments and the impact on labelling is not predictable or time~limited. O i m i I a r I y , the empowerment in Artie,e 21(1) concerning updates of r\ n n e x es I , II and IV relies on developments at UN , evel that are neither predictable nor ti mei i m ited,

4. CONCLUSION

The Commission believes that despite the fact that the Commission to date has not adopted any delegated acts, as the requested developmentsforthe Commissions use of the conferred power to adopt delegated acts has not yet materialised, it is likely that it will in the future.

Therefore the delegation of powers referred to in both Arti cle 12(15) and in Art i c I e 21 (1 ) should be extended tacitly for a further period of five years as foreseen by Artie,e 22(2) of the Regulation.

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