Commission Implementing Decision (EU) 2024/586 of 16 February 2024 amending - 23rd February 2024 - European Commission

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Official Journal EN of the European Union L series 2024/586 23.2.2024 COMMISSION IMPLEMENTING DECISION (EU) 2024/586 of 16 February 2024 amending and correcting Implementing Decision (EU) 2023/2432 as regards the determination of reference values for certain producers and importers for the period from 1 January 2024 to 31 December 2024 (notified under document C(2024) 857) (Only the Bulgarian, Czech, Croatian, Danish, Dutch, English, Estonian, French, German, Greek, Hungarian, Irish, Italian, Latvian, Lithuanian, Maltese, Polish, Romanian, Slovenian and Spanish texts are authentic) (Text with EEA relevance) THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, Having regard to Regulation (EU) No 517/2014 of the European Parliament and of the Council of 16 April 2014 on fluorinated greenhouse gases and repealing Regulation (EC) No 842/2006(1), and in particular Article 16(3) thereof,

Whereas:

(1) Commission Implementing Decision (EU) 2023/2432(2)determine reference values for the period from 1 January 2024 to 31 December 2024 for each producer and importer that has lawfully placed hydrofluorocarbons on the market for the relevant reference period as reported under Article 19 of Regulation (EU) No 517/2014.

(2) Reference value for each producer and importer is to be calculated on the basis of the annual average of the quantities of hydrofluorocarbons lawfully placed on the market from 1 January 2015 for the years available, as reported under Article 19 of Regulation (EU) No 517/2014, while excluding quantities of hydrofluorocarbons for the usage referred to in Article 15(2) of that Regulation during the same period, on the basis of available data.

(3) For the purpose of identifying the starting year for the annual average calculation, the Implementing Decision

(EU) 2023/2432 takes into account whichever event occurred first: i) the year for which quota had been allocated to an undertaking for the first time in accordance with Article 16(5) of Regulation (EU) No 517/2014 or ii) the year in which the undertaking lawfully placed hydrofluorocarbons on the market for the first time, as reported under Article 19 of that Regulation.

(4) This rule is not applied for a certain category of undertakings (‘the concerned undertakings’), in particular, for undertakings that have placed hydrofluorocarbons on the market on the basis of quota that included quota transferred to them in accordance with Article 18(1) of Regulation (EU) No 517/2014 and the sum of those quota transferred in all years starting with 2015 was equal or above the 100 tonnes of CO equivalent limit set out in 2 Article 15(2) of that Regulation. For the concerned undertakings, the period starting from 2015 was taken into account in all cases. The rationale, as stated in the Implementing Decision (EU) 2023/2432, was that the transferred quota was originally carried out on the basis of placing on the market in earlier years.

(1) OJ L 150, 20.5.2014, p. 195, ELI: http://data.europa.eu/eli/reg/2014/517/oj.

(2) Commission Implementing Decision (EU) 2023/2432 of 26 October 2023 determining, pursuant to Regulation (EU) No 517/2014 of the European Parliament and of the Council on fluorinated greenhouse gases, reference values for the period 1 January 2024 to 31 December 2024 for each producer or importer which has lawfully placed hydrofluorocarbons on the market in the Union from 1 January 2015, as reported under that Regulation (OJ L, 2023/2432, 10.11.2023, ELI: http://data.europa.eu/eli/dec_impl/2023/ 2432/oj).

ELI: http://data.europa.eu/eli/dec_impl/2024/586/oj 1/18EN OJ L, 23.2.2024

(5) The methodology applied for the determination of reference values for the period 1 January 2024to 31 December 2024for the concerned undertakings should be amended. While the same methodology has been applied already in the Commission Implementing Decision (EU) 2020/1604(3)for the determination of reference values for the period 1 January 2021 to December 2023 for the concerned undertakings, it is as from 2024 onwards no longer appropriate to apply this methodology for the recalculation of their reference values because it no longer reflects the current market dynamics between undertakings that entered the market of hydrofluorocarbons later than 2015.

(6) It is necessary to amend the reference values determined by Implementing Decision (EU) 2023/2432 with regard to

two aspects: first, for each transfer in a given year, the starting year for the annual average should be the year in which the undertaking transferring their quota to the concerned undertaking has entered the market (namely the year for which the undertaking making the transfer was allocated quota or the year in which that undertaking lawfully placed hydrofluorocarbons on the market for the first time, whichever event occurred first). That starting year may be 2015 or later depending on each case. Secondly, that rule should only be applied to the part of the placing on the market relating to quota transferred to the concerned undertaking. The part of the placing on the market relating to quota allocated to the concerned undertaking in a given year in accordance with Article 16(5) of Regulation (EU) No 517/2014 should fall under the general rule.

(7) It is also necessary to correct Implementing Decision (EU) 2023/2432 concerning a third aspect. One of the addressees listed in Article 3 of Implementing Decision (EU) 2023/2432 received a reference value calculated by erroneously applying Article 7(1) of Commission Implementing Regulation (EU) 2019/661(4). Therefore, that reference value needs to be split and determined separately for two undertakings. An additional undertaking should therefore be added to the list in the Annex to Implementing Decision (EU) 2023/2432.

(8) In this respect, the reference values for concerned undertakings for the period from 1 January 2024to 31 December 2024 should be recalculated. That recalculation only affects 153 producers and importers, which will be notified separately of the respective reference value. The producers and importers whose reference values are not affected by this Decision, will not receive an individual notification of their unchanged reference value.

(9) Implementing Decision (EU) 2023/2432 should therefore be amended accordingly.

(10) Implementing Decision (EU) 2023/2432 applies from 1 January 2024. The amendments and corrections introduced with this Decision should therefore apply from the same date.

(11) The measures provided for in this Decision are in accordance with the opinion of the Committee established by Article 24 of Regulation (EU) No 517/2014,

HAS ADOPTED THIS DECISION:

Article 1 Amendments to Implementing Decision (EU) 2023/2432 The Annex to Implementing Decision (EU) 2023/2432 is amended in accordance with Annex I to this Decision.

(3) Commission Implementing Decision (EU) 2020/1604 of 23 October 2020 determining, pursuant to Regulation (EU) No 517/2014 of the European Parliament and of the Council on fluorinated greenhouse gases, reference values for the period 1 January 2021 to 31 December 2023 for each producer or importer which has lawfully placed hydrofluorocarbons on the market in the Union from 1 January 2015, as reported under that Regulation (OJ L 364, 3.11.2020, p. 1, ELI: http://data.europa.eu/eli/dec_impl/2020/1604/oj).

(4) Commission Implementing Regulation (EU) 2019/661 of 25 April 2019 ensuring the smooth functioning of the electronic registry for quotas for placing hydrofluorocarbons on the market (OJ L 112, 26.4.2019, p. 11, ELI: http://data.europa.eu/eli/reg_impl/2019/661/oj).

2/18 ELI: http://data.europa.eu/eli/dec_impl/2024/586/ojEN OJ L, 23.2.2024 Article 2 Corrections to Implementing Decision (EU) 2023/2432

1. In Article 3, the following row 2151 is added: ‘2151. 9989 Savi Technologie sp. z o.o. ul. Wolności 20 51-180 Psary, Wrocław POLAND’

2. The Annex to Implementing Decision (EU) 2023/2432 is corrected in accordance with Annex II to this Decision.

Article 3 The date of application Articles 1 and 2 shall apply from 1 January 2024.

Article 4 Addressees

This Decision is addressed to:

Registry-ID Name of undertaking and address

(1) 21322 Agatex Feinchemie GmbH Aichham 11 4650 Lambach AUSTRIA

(2) 40729 AHT Cooling Systems GmbH Werksgasse 57 8786 Rottenmann AUSTRIA

(3) 27429 Daikin Airconditioning LLC represented by Daikin Europe N.V.