BAKGRUNN (fra kommisjonsforordningen)

(1) Regulation (EU) 2024/573 provides for an electronic system for the management of the quota system, licensing requirements of imports and exports, and reporting obligations on fluorinated greenhouse gases (the ‘F-gas Portal’).

(2) In order to ensure the smooth functioning of the F-gas Portal, and the implementation of the necessary customs and market surveillance controls, it is important to specify the requirements for undertakings which need to have a valid registration in the portal prior to carrying out certain activities. The Commission should be able to request additional information from undertakings to ensure the accuracy and the completeness of the information included in the F-gas Portal.

(3) In order to ensure effective implementation of the quota and licensing system, avoid distortions of the quota system and prevent circumvention and abuses of applicable rules, undertakings should be required, to provide certain information, including information on their location, business activities and legal and financial status.

(4) In accordance with Regulation (EU) 2024/573 the F-gas Portal is to be interconnected with the EU Single Window Environment for Customs through the European Union Customs Single Window – Certificates Exchange System (EU CSW-CERTEX). Undertakings should therefore provide certain information to allow customs controls provided for in that Regulation.

(5) Undertakings established outside the Union, which request quota allocations, use or transfer quota, or authorise the use of quota by other undertakings, or receive such authorisations for their own use or delegation to other registered undertakings, are required by Regulation (EU) 2024/573 to appoint an only representative with an establishment within the Union and should be required to provide certain information on the only representative.

(6) Due to the different characteristics of their activities, auditors that verify the reports submitted by undertakings in accordance with Article 19(3) and Article 26(8) of Regulation (EU) 2024/573 should be required to provide specific information for the purpose of registering in the F-gas Portal.

(7) In order to enable the smooth functioning of the F-gas Portal, the carrying out of controls as well as the correct implementation of the quota system, undertakings should ensure that the information they provide are complete, accurate and up-to-date.

(8) Taking into account national laws and rules regulating the establishment and operation of undertakings, the Commission needs the assistance of Member States in order to assess the completeness and accuracy of information provided by undertakings for registration purposes in the F-gas Portal. Member States should therefore be required to cooperate and exchange information with the Commission for such purposes.

(9) Commission Implementing Regulation (EU) 2019/661 (2) lays down the rules ensuring the smooth functioning of the electronic registry for quotas for placing hydrofluorocarbons on the market, established under Regulation (EU) No 517/2014 of the European Parliament and of the Council (3). As Regulation (EU) 2024/573 replaced Regulation (EU) No 517/2014, Implementing Regulation (EU) 2019/661 should also be replaced.

(10) The measures provided for in this Regulation are in accordance with the opinion of the committee on fluorinated greenhouse gases,