Annexes 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.
document COM(2018)569 EN
date August  6, 2018
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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