Date: 2018-12-17Category: Not ApplicableState: Union GovernmentCountry: Europe
Commission Implementing Regulation (EU) 2018/1992 of 14 December 2018 amending Implementing Regulation (EU) No 1191/2014 as regards the reporting of data referred to in Article 19 of Regulation (EU) No 517/2014 in respect of hydrofluorocarbons placed on the market in the United Kingdom and in the Union of 27 Member States
Executive Summary:
Commission Implementing Regulation (EU) 2018/1992 amends Implementing Regulation (EU) No 1191/2014 regarding the reporting of hydrofluorocarbons (HFCs) placed on the market. This change requires producers and importers to report HFC quantities separately for the United Kingdom and the Union of 27 Member States. The new reporting format is applicable from 2018, with the first report due by March 31, 2019, and continues until Union law ceases to apply to the UK.
Key Points / Main Content:
Reporting Requirements:
* Producers and importers of HFCs must report quantities placed on the market.
* Reporting must differentiate between amounts placed on the market in the United Kingdom and in the Union of 27 Member States.
* The amounts of HFCs reported for the UK market should refer to the amounts placed on the UK market for the first time.
* Quantities must be reported in metric tonnes with accuracy to the third decimal place.
* This applies to each gas listed in Section 1 of Annex I to Regulation EU No 517/2014, mixtures containing at least one of those gases, or each gas or mixture contained in preblended polyols.
Temporal Scope:
* The amended reporting requirements apply to data from the calendar year 2018 onwards.
* The obligation to report separately continues until the year Union law ceases to apply to the United Kingdom.
* The first report under the amended regulation is due by March 31, 2019.
* The date for submission of reporting data for subsequent years should be the 31st of March.
Amendment Details:
* Section 13a is added to the Annex to Implementing Regulation EU No 1191/2014, specifying the new reporting requirements.
* This includes reporting on Article 19(1) of Regulation EU No 517/2014 and points 1a to 1d; points 2a, 2b and 2d and points 3a and 3b of Annex VII to Regulation EU No 517/2014.
Impact Analysis:
Producers and Importers of HFCs:
Impact: Producers and importers must adjust their reporting processes to separately track and report HFCs placed on the market in the United Kingdom and the Union of 27 Member States. This includes accurately accounting for amounts first placed on the UK market and those subsequently supplied to the Union without the UK, as well as amounts supplied to the UK market that were previously placed on the Union without the UK market.
Action Required: Modify data collection and reporting systems to comply with the new format and submit separate data for the UK and the EU-27 by March 31, 2019, for the 2018 calendar year and continue until Union law ceases to apply to the United Kingdom.
Key Entities Referenced
European Union: A political and economic union of 27 member states located primarily in Europe.
Commission Implementing Regulation EU 2018/1992: A regulation amending Implementing Regulation EU No 1191/2014 regarding data reporting for hydrofluorocarbons.
Implementing Regulation EU No 1191/2014: A regulation determining the format and means for submitting reports related to fluorinated greenhouse gases, as per Article 19 of Regulation EU No 517/2014.
Regulation EU No 517/2014: Regulation of the European Parliament and of the Council on fluorinated greenhouse gases.
United Kingdom: A country that was formerly a member state of the European Union and is referenced in the context of its withdrawal and the separation of reporting data.
Treaty on the Functioning of the European Union: One of the primary treaties of the European Union.
Treaty on European Union: Sets out the constitutional basis of the European Union.
hydrofluorocarbons: Fluorinated organic compounds containing only hydrogen and fluorine atoms. These are potent greenhouse gases, and their use is regulated by the EU.
17.12.2018 EN Official Journal of the European Union L 320/25
COMMISSION IMPLEMENTING REGULATION (EU) 2018/1992
of 14 December 2018
amending Implementing Regulation (EU) No 1191/2014 as regards the reporting of data referred
to in Article 19 of Regulation (EU) No 517/2014 in respect of hydrofluorocarbons placed on the
market in the United Kingdom and in the Union of 27 Member States
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 19(7) thereof,
Whereas:
(1) Commission Implementing Regulation (EU) No 1191/2014 (2), determines the format and the means for
submitting a report referred to in Article 19 of Regulation (EU) No 517/2014.
(2) Regulation (EU) No 517/2014 provides that the placing on the Union market of hydrofluorocarbons by
producers or importers is subject to an annual quota in order to achieve their gradual reduction. Those quotas
for the producers and importers are calculated based on reference values determined by the Commission on the
basis of the annual average of the quantities of hydrofluorocarbons, which producers or importers have reported
under Article 19 of Regulation (EU) No 517/2014 from 1 January 2015 onwards in accordance with Annex V to
that Regulation.
(3) Since the United Kingdom notified on 29 March 2017 its intention to leave the Union, pursuant to Article 50 of
the Treaty on European Union, the Treaties will cease to apply to the United Kingdom from the date of entry into
force of the withdrawal agreement or, failing that, two years after the notification, unless the European Council,
in agreement with the United Kingdom, decides to extend that period. As a consequence, and without prejudice
to any provisions of the withdrawal agreement, Regulation (EU) No 517/2014 only applies until the United
Kingdom ceases to be a Member State.
(4) In light of the notification under Article 50 of the Treaty on European Union by the United Kingdom, it is
important to ensure that accurate data is available regarding the placing on the market of hydrofluorocarbons in
the Union after the withdrawal of the United Kingdom for the purpose of re-calculating the reference values
pursuant to paragraph 3 of Article 16 of Regulation (EU) No 517/2014 which is due to be carried out in 2020.
(5) The Annex to Implementing Regulation (EU) No 1191/2014 should therefore be amended to allow for the
separation of the amounts of hydrofluorocarbons, which are placed on the market in the United Kingdom and in
the Union of 27 Member States.
(6) However, the separation of reporting data in respect of hydrofluorocarbons placed on the market as regards the
United Kingdom and the Union of 27 Member States is only needed at the point when Union law no longer
applies to and in the United Kingdom. Therefore the amendment to Implementing Regulation (EU)
No 1191/2014 is only required for reporting data for the calendar year 2018 and until and including the year in
which the United Kingdom leaves the Union and Union law ceases to apply to and in the United Kingdom.
(7) In order for the separation of the reporting obligation to apply in respect of the reporting of data for the
calendar year 2018 where the data has to be submitted by 31 March 2019, the variation of the obligation should
enter into force and apply in advance of that date. For all subsequent years, the date for submission of reporting
data should be the 31 March.
(8) The amounts of hydrofluorocarbons that need to be reported in line with the Annex to this implementing act as
placed on the United Kingdom market should refer to the amounts placed on the United Kingdom market for the
first time.
(9) The measures provided for in this Regulation are in accordance with the opinion of the opinion of the
Committee established by Article 24(1) of Regulation (EU) No 517/2014,
(1) OJ L 150, 20.5.2014, p. 195.
(2) Commission Implementing Regulation (EU) No 1191/2014 of 30 October 2014 determining the format and means for submitting the
report referred to in Article 19 of Regulation (EU) No 517/2014 of the European Parliament and of the Council on fluorinated
greenhouse gases (OJ L 318, 5.11.2014, p. 5).L 320/26 EN Official Journal of the European Union 17.12.2018
HAS ADOPTED THIS REGULATION:
Article 1
The Annex to Implementing Regulation (EU) No 1191/2014 is amended in accordance with the Annex to this
Regulation.
Article 2
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the
European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 14 December 2018.
For the Commission
The President
Jean-Claude JUNCKER17.12.2018 EN Official Journal of the European Union L 320/27
ANNEX
The following Section 13a is added to the Annex to Implementing Regulation (EU) No 1191/2014:
‘Section 13a: To be filled in by producers and importers of gases – Article 19(1) of Regulation (EU)
No 517/2014 and points 1(a) to 1(d); points 2(a), 2(b) and 2(d) and points 3(a) and 3(b) of Annex VII to
Regulation (EU) No 517/2014.
Applicable for the first time to reporting on activities carried out in 2018 (by 31 March 2019 at the latest) and until
and including the year in which Union law ceases to apply to and in the United Kingdom.
Quantities shall be reported in metric tonnes with accuracy to the third decimal place, separately for each gas listed in
Section 1 of Annex I to Regulation (EU) No 517/2014 or mixtures containing at least one of those gases or for each gas
or mixture contained in pre-blended polyols.
AUTOMATICALLY CALCULATED QUANTITIES COMMENTS
13aA Amount of hydrofluorocarbons physically placed on 13aA = 4M – Sum of exempted uses in Section 5
the market, excluding exempted uses (5A – 5F)
INFORMATION TO BE REPORTED
13aB Thereof: amount placed on the United Kingdom Amounts placed on the United Kingdom market, but
market for the first time subsequently supplied to the Union (without United
Kingdom) in bulk are not to be included
Amounts supplied to the United Kingdom market in
bulk that were previously placed on the Union (with
out United Kingdom) market are to be included
AUTOMATICALLY CALCULATED QUANTITIES
13aC Thereof: amount placed on the Union market, ex 13aC = 13aA – 13aB’
cluding the United Kingdom