Amendments to the lists of ozone-depleting substances
1. The Commission is empowered to adopt delegated acts in accordance with Article 29 to amend Annex II to include in that Annex any substances that are not covered by this Regulation but have been found by the Scientific Assessment Panel (SAP), established under the Protocol, or by another recognised authority of equivalent stature to have a significant ODP.
2. The Commission is empowered to adopt delegated acts in accordance with Article 29 to amend Annex I to include in that Annex any substances that fulfil the conditions set out in paragraph 1 of this Article, and are exported, imported, produced or placed on the market in significant quantities and, if appropriate, to determine possible exemptions from the restrictions set out in Chapter II or IV.
3. The Commission is empowered to adopt delegated acts in accordance with Article 29 to amend Annexes I and II as regards the global warming potential (GWP) and ODP of those substances, where it is necessary in the light of new assessment reports by the Intergovernmental Panel on Climate Change or new reports by the SAP, and to add, where available, GWP of those substances over a 20-year timescale to those Annexes.
Reporting by the Member States
1. By 30 June 2024, and every year thereafter, Member States shall report the following information in an electronic format to the Commission, for the previous calendar year:
(a)
the quantities of halons installed, used or stored for critical uses, referred to in Article 9(1), the measures taken to reduce their emissions and an estimate of such emissions, and progress in evaluating and using adequate alternatives;
(b)
cases of illegal trade, in particular those detected during the checks carried out pursuant to Article 26, including the imposition of penalties referred to in Article 27, where applicable.
2. The Commission may, if appropriate, by means of implementing acts, determine the format for the submission of the information referred to in paragraph 1 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 28(2).
3. The Commission is empowered to adopt delegated acts in accordance with Article 29 to amend paragraph 1 of this Article where it is necessary in view of the decisions of the Parties to the Protocol.
Reporting by undertakings
1. By 31 March 2025 and every year thereafter, each undertaking shall report, via an electronic reporting tool, to the Commission the data listed in Annex VI for each ozone-depleting substance for the previous calendar year.
Member States shall also have access to the electronic reporting tool of the undertakings falling under their jurisdiction.
Prior to reporting, undertakings shall register in the licensing system.
2. The competent authorities of Member States and the Commission shall take appropriate measures to protect the confidentiality of the information submitted to them in accordance with this Article.
3. Where necessary, the Commission shall, by means of implementing acts, establish the format and means of the reporting referred to in Annex VI. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 28(2).
4. The Commission is empowered to adopt delegated acts in accordance with Article 29 to amend Annex VI, where it is necessary in view of the decisions of the Parties to the Protocol.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
