L 152/40 Official Journal of the European Union 13.6.2012 DECISIONS COMMISSION DECISION of 11 June 2012 concerning national provisions notified by Denmark on certain industrial greenhouse gases (notified under document C(2012) 3717) (Only the Danish text is authentic) (2012/301/EV) THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, and in particular Article 114(6) thereof, Whereas: (") ¢ O] 0] By letter of 13 February 2012 and pursuant to Article 114(4) of the Treaty on the Functioning of the European Union (TFEU) the Kingdom of Denmark notified to the Commission that Denmark intends to maintain its national provisions on certain industrial greenhouse gases which are more stringent than Regu- lation (EC) No 842/2006 of the European Parliament and of the Council of 17 May 2006 on certain fluorinated greenhouse gases (') beyond 31 December 2012, the end date of the authorisation by Commission Decision 2007/62[EC (%), adopted in accordance with Article 95(6) of the Treaty establishing the European Community (TEC) (now Article 114(6) TFEU). Regulation (EC) No 842/2006 on certain fluorinated greenhouse gases (F-gases) aims at preventing and containing the emissions of certain F-gases (HFCs, PFCs and SF¢) covered by the Kyoto Protocol. It also contains a limited number of use bans and placing on the market prohibitions when alternatives were considered available and cost effective at Community level and where improvement of containment and recovery were regarded as not feasible. The Regulation has a double legal base, Article 175(1) TEC (now Article 192(1) TFEU) with respect to all provisions but Articles 7, 8 and 9, which are based on Article 95 TEC (now Article 114 TFEU) due to L 161, 14.6.2006, p. 1. L 32, 6.2.2007, p. 130. S their implications in terms of free circulation of goods within the Union’s single market. Denmark has had national provisions on certain fluor- inated greenhouse gases since 2002 and notified those provisions to the Commission in its letter of 2 June 2006. A general ban on the import, sale and use of new products containing the covered F-gases is accom- panied by derogations specified in Annex I of the Order. These derogations relate to a number of highly specific applications and, for a number of more common appli- cations, are based on the quantity of greenhouse gases used in the respective systems, thereby exempting for instance refrigeration units, heat pumps or air conditioning units with charges between 0,15kg and 10 kg as well as refrigeration systems for recovering heat with a charge less or equal to 50 kg. Products for ships and military use as well as the use of SF¢ in high voltage units are exempted. On 8 December 2006 the Commission decided with reference to Article 95(6) TEC (now Article 114(6) TFEU) to authorise Denmark to maintain the provisions until 31 December 2012. Since the adoption of Decision 2007/62[EC the circum- stances justifying maintaining more stringent provisions, as laid out in that decision, persist. The national rules remain part of a broader strategy put in place by Denmark in order to meet its emission reduction target under the Kyoto Protocol and the subsequent burden sharing agreement adopted at Union level. Under this arrangement, Denmark has undertaken to reduce its greenhouse gas emissions by 21 % over the 2008-2012 period compared to the base year, 1990. The notified measures are reported to have significantly contributed to the reduction of HFC emissions in Denmark. In the decisions adopted jointly by the European Parliament and the Council on the effort of Member States to reduce their greenhouse gas emissions to meet the Community’s greenhouse gas emission reduction commitments up to 2020 (°), Denmark has undertaken to further reduce emissions by 20 % in 2020 compared to 2005 levels. (}) Decision No 406/2009/EC of the European Parliament and of the Council of 23 April 2009 on the effort of Member States to reduce their greenhouse gas emissions to meet the Community’s greenhouse gas emission reduction commitments up to 2020 (O] L 140, 5.6.2009, p. 136).