Unofficial English version, provided for information purposes only. Only the text published in the Official Journal of the European Union is authentic and legally binding.
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
(Text with EEA relevance)
DOWNLOAD THE REGULATIONTHE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 192(1) thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Having regard to the opinion of the European Economic and Social Committee (1),
After consulting the Committee of the Regions,
Acting in accordance with the ordinary legislative procedure (2),
Whereas:
(1) The Fourth Assessment Report of the Intergovernmental Panel on Climate Change (IPCC) of the United Nations Framework Convention on Climate Change (UNFCCC), to which the Union is a party (3), stated that, on the basis of existing scientific data, developed countries would need to reduce greenhouse gas emissions by 80 to 95 % below 1990 levels by 2050 to limit global climate change to a temperature increase of 2 °C and thus prevent undesirable climate effects.
(2) In order to reach that objective, the Commission adopted a Roadmap for moving to a competitive low carbon economy in 2050, which was noted by the Council in its conclusions of 17 May 2011 and endorsed by the European Parliament in its resolution of 15 March 2012. In that Roadmap the Commission set out a cost-effective way of achieving the necessary overall emission reductions in the Union by 2050. That Roadmap establishes the sectoral contributions needed in six areas. Non-CO2 emissions, including fluorinated greenhouse gases but excluding non-CO2 emissions from agriculture, should be reduced by 72 to 73 % by 2030 and by 70 to 78 % by 2050, compared to 1990 levels. If based on the reference year 2005, a reduction in non-CO2 emissions, except those from agriculture, of 60 to 61 % by 2030 is required. Fluorinated greenhouse gas emissions were estimated at 90 million tonnes (Mt) of CO2 equivalent in 2005. A 60 % reduction means that emissions have to be reduced to approximately 35 Mt of CO2 equivalent by 2030. Given estimated emissions of 104 Mt of CO2 equivalent in 2030 based on full application of current Union legislation, a further reduction of approximately 70 Mt of CO2 equivalent is required.
(3) The Commission’s report of 26 September 2011 on the application, effects and adequacy of Regulation (EC) No 842/2006 of the European Parliament and of the Council (4) concluded that the current containment measures, if fully applied, have the potential to reduce emissions of fluorinated greenhouse gases. Those measures should therefore be maintained and clarified on the basis of the experience gained in implementing them. Certain measures should also be extended to other equipment in which substantial amounts of fluorinated greenhouse gases are used, such as refrigerated trucks and trailers. The obligation to establish and maintain records of equipment containing such gases should also cover electrical switchgear. Given the importance of containment measures at the end of the life of products and equipment containing fluorinated greenhouse gases, Member States should take into account the value of producer responsibility schemes and encourage their establishment on the basis of existing best practices.
(4) That report also concluded that more can be done to reduce emissions of fluorinated greenhouse gases in the Union, in particular by avoiding the use of those gases where there are safe and energy-efficient alternative technologies with no impact or a lower impact on the climate. A decrease of up to two-thirds of the 2010 emission level by 2030 is cost-effective because proven and tested alternatives are available in many sectors.
(5) The European Parliament resolution of 14 September 2011 on a comprehensive approach to non-CO2 climate-relevant anthropogenic emissions welcomed the Union’s commitment to support action on hydrofluorocarbons under the Montreal Protocol on Substances that Deplete the Ozone Layer (‘the Montreal Protocol’) as a prime example of a non-market based approach to reducing greenhouse gas emissions. That resolution also called for ways to be explored of promoting the immediate start of an international phase-down of hydrofluorocarbons through the Montreal Protocol.
(6) In order to encourage the use of technologies with no impact or a lower impact on the climate, the training of natural persons carrying out activities involving fluorinated greenhouse gases should cover information on technologies to replace and to reduce the use of fluorinated greenhouse gases. Given that some of the alternatives to fluorinated greenhouse gases used in products and equipment to replace and reduce the use of fluorinated greenhouse gases may be toxic, flammable or high-pressurised, the Commission should examine existing Union legislation covering the training of natural persons for the safe handling of alternative refrigerants and should, where appropriate, submit a legislative proposal to the European Parliament and to the Council to amend the relevant Union legislation.
(7) Certification and training programmes should be established or adapted taking into account those established under Regulation (EC) No 842/2006 and could be integrated into vocational training systems.
(8) In order to ensure consistency with monitoring and reporting requirements under the UNFCCC and with Decision 4/CMP.7 of the Conference of the Parties serving as the meeting of the Parties to the Kyoto Protocol to the UNFCCC, adopted by the seventh Conference of the Parties to the UNFCCC in Durban on 11 December 2011, global warming potentials should be calculated in terms of the 100-year global warming potential of one kilogram of a gas relative to one kilogram of CO2. Where possible, the calculation should be based on the Fourth Assessment Report adopted by the IPCC.
(9) Effective monitoring of fluorinated greenhouse gas emissions is crucial for tracking progress towards meeting emission reduction targets and for assessing the impact of this Regulation. The use of consistent and high-quality data for reporting emissions of fluorinated greenhouse gases is crucial for ensuring the quality of emissions reporting. The establishment by Member States of reporting systems for fluorinated greenhouse gas emissions would ensure consistency with Regulation (EU) No 525/2013 of the European Parliament and of the Council (5). Data on leakages of fluorinated greenhouse gases from equipment collected by undertakings under this Regulation could significantly improve those emission reporting systems. This should allow the consistency of data used to derive emissions to be checked and calculation-based approximations to be improved, leading to better estimates of fluorinated greenhouse gas emissions in national greenhouse gas inventories.
(10) Given that suitable alternatives are available, the existing ban on the use of sulphur hexafluoride in magnesium die-casting and in the recycling of magnesium die-casting alloys should be extended to installations using less than 850 kg of sulphur hexafluoride per year. Similarly, with an adequate transitional period, the use of refrigerants with a very high global warming potential of 2 500 or more for the servicing or maintenance of refrigeration equipment with a charge size equivalent to 40 tonnes of CO2 or more should be prohibited.
(11) Where suitable alternatives to the use of specific fluorinated greenhouse gases are available, prohibitions should be introduced on placing on the market new refrigeration, air-conditioning and fire protection equipment that contains, or whose functioning relies upon, such substances. Where alternatives are not available or cannot be used for technical or safety reasons, or where the use of such alternatives would entail disproportionate costs, the Commission should be able to authorise an exemption to allow the placing on the market of such products and equipment for a limited period. In light of future technical developments, the Commission should further assess the placing on the market prohibitions for new secondary medium voltage switchgear and new small single split air-conditioning systems.
(12) Equipment containing fluorinated greenhouse gases should be allowed to be placed on the market if its overall greenhouse gas emissions, taking into account realistic leakage and recovery rates, are lower during its lifecycle than those that would result from equivalent equipment without fluorinated greenhouse gases which has the maximum allowed energy consumption set out in the relevant implementing measures adopted under Directive 2009/125/EC of the European Parliament and of the Council (6). The regular and timely review of such implementing measures, in accordance with that Directive, would help to ensure that the implementing measures continue to be effective and appropriate.
(13) A gradual reduction of the quantities of hydrofluorocarbons that can be placed on the market has been identified as the most effective and cost-efficient way of reducing emissions of those substances in the long term.
(14) In order to implement the gradual reduction of the quantities of hydrofluorocarbons that can be placed on the Union market, the Commission should allocate quotas to individual producers and importers for placing them on the market, so that the overall quantitative limit for placing hydrofluorocarbons on the market is not exceeded. In order to protect the integrity of the gradual reduction of the quantities of hydrofluorocarbons placed on the Union market, hydrofluorocarbons contained in equipment should be accounted for under the Union quota system. Where hydrofluorocarbons contained in equipment have not been placed on the market prior to charging of the equipment, a declaration of conformity should be required to prove that such hydrofluorocarbons are accounted for within the Union quota system.
(15) Initially, the calculation of reference values and the allocation of quotas to individual producers and importers should be based on the quantities of hydrofluorocarbons they reported to have placed on the market during the reference period from 2009 to 2012. However, in order not to exclude small undertakings, 11 % of the overall quantitative limit should be reserved for importers and producers which have not placed on the market 1 tonne or more of fluorinated greenhouse gases in the reference period.
(16) By regularly re-calculating the reference values and quotas, the Commission should ensure that undertakings are allowed to continue their activities on the basis of the average volumes they have placed on the market in recent years.
(17) The manufacturing process of certain fluorinated gases can result in significant emissions of other fluorinated greenhouse gases produced as by-products. Such by-product emissions should be destroyed or recovered for subsequent use as a condition of placing fluorinated greenhouse gases on the market.
(18) The Commission should ensure that a central electronic registry is in place to manage quotas for placing hydrofluorocarbons on the market and the reporting, including reporting on equipment placed on the market, in particular where the equipment is pre-charged with hydrofluorocarbons that were not placed on the market prior to charging, thereby requiring verification through a declaration of conformity and subsequent third-party verification that the quantities of hydrofluorocarbons are accounted for within the Union quota system.
(19) In order to maintain the flexibility of the market in bulk hydrofluorocarbons, it should be possible to transfer quotas allocated on the basis of reference values to another producer or importer in the Union or to another producer or importer that is represented in the Union by an only representative.
(20) In order to allow monitoring of the effectiveness of this Regulation, the scope of the current reporting obligations should be extended to cover other fluorinated substances that have a significant global warming potential or which are likely to replace the fluorinated greenhouse gases listed in Annex I. For the same reason, the destruction of fluorinated greenhouse gases and imports into the Union of such gases when contained in products and equipment should also be reported. De minimis thresholds should be set in order to avoid disproportionate administrative burden, in particular for small and medium-sized enterprises and micro-enterprises.
(21) The Commission should keep under continuous review the effects of the reduction of hydrofluorocarbons placed on the market, including its effects on the supply for equipment where the use of hydrofluorocarbons would result in lower lifecycle emissions than if an alternative technology were used. The Commission should produce a report on the availability of hydrofluorocarbons on the Union market by the end of 2020. A comprehensive review should be carried out by the Commission by the end of 2022 in good time to adapt the provisions of this Regulation in the light of its implementation and of new developments and international commitments, and to propose further reduction measures where appropriate.
(22) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council (7).
(23) In order to amend certain non-essential elements of this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union (TFEU) should be delegated to the Commission. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.
(24) Since this Regulation is adopted under Article 192(1) TFEU, it does not prevent Member States from maintaining or introducing more stringent protective measures which are compatible with the TFEU. Pursuant to Article 193 TFEU, Member States are to notify the Commission of any such measures.
(25) This Regulation amends and supplements the subject-matter of Regulation (EC) No 842/2006, which should therefore be repealed. However, in order to ensure as smooth a transition as possible from the old regime to the new regime, it is appropriate to provide that Commission Regulations (EC) No 1493/2007 (8), (EC) No 1494/2007 (9), (EC) No 1497/2007 (10), (EC) No 1516/2007 (11), (EC) No 303/2008 (12), (EC) No 304/2008 (13), (EC) No 305/2008 (14), (EC) No 306/2008 (15), (EC) No 307/2008 (16) and (EC) No 308/2008 (17) remain in force and continue to apply unless and until repealed by delegated or implementing acts adopted by the Commission pursuant to this Regulation.
(26) Since the objectives of this Regulation cannot be sufficiently achieved by the Member States but can rather, by reason of the transboundary nature of the environmental problem addressed and the effects of this Regulation on intra-Union and external trade, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives,
HAVE ADOPTED THIS REGULATION:
CHAPTER I
GENERAL PROVISIONS
Article 1
Subject-matter
The objective of this Regulation is to protect the environment by reducing emissions of fluorinated greenhouse gases. Accordingly, this Regulation:
(a) establishes rules on containment, use, recovery and destruction of fluorinated greenhouse gases, and on related ancillary measures;
(b) imposes conditions on the placing on the market of specific products and equipment that contain, or whose functioning relies upon, fluorinated greenhouse gases;
(c) imposes conditions on specific uses of fluorinated greenhouse gases; and
(d) establishes quantitative limits for the placing on the market of hydrofluorocarbons.
Article 2
Definitions
For the purposes of this Regulation, the following definitions apply:
(1) ‘fluorinated greenhouse gases’ means hydrofluorocarbons, perfluorocarbons, sulphur hexafluoride and other greenhouse gases that contain fluorine, as listed in Annex I, or mixtures containing any of those substances;
(2) ‘hydrofluorocarbons’ or ‘HFCs’ means substances listed in Section 1 of Annex I, or mixtures containing any of those substances;
(3) ‘perfluorocarbons’ or ‘PFCs’ means substances listed in Section 2 of Annex I, or mixtures containing any of those substances;
(4) ‘sulphur hexafluoride’ or ‘SF6’ means the substance listed in Section 3 of Annex I, or mixtures containing that substance;
(5) ‘mixture’ means a fluid composed of two or more substances, at least one of which is a substance listed in Annex I or in Annex II;
(6) ‘global warming potential’ or ‘GWP’ means the climatic warming potential of a greenhouse gas relative to that of carbon dioxide (‘CO2’), calculated in terms of the 100-year warming potential of one kilogram of a greenhouse gas relative to one kilogram of CO2, as set out in Annexes I, II and IV and in respect of mixtures, calculated in accordance with Annex IV;
(7) ‘tonne(s) of CO2 equivalent’ means a quantity of greenhouse gases, expressed as the product of the weight of the greenhouse gases in metric tonnes and of their global warming potential;
(8) ‘operator’ means the natural or legal person exercising actual power over the technical functioning of products and equipment covered by this Regulation; a Member State may, in defined, specific situations, designate the owner as being responsible for the operator’s obligations;
(9) ‘use’ means the utilisation of fluorinated greenhouse gases in the production, maintenance or servicing, including refilling, of products and equipment, or in other processes referred to in this Regulation;
(10) ‘placing on the market’ means supplying or making available to another party in the Union for the first time, for payment or free of charge, or using for its own account in the case of a producer, and includes customs release for free circulation in the Union;
(11) ‘hermetically sealed equipment’ means equipment in which all fluorinated greenhouse gas containing parts are made tight by welding, brazing or a similar permanent connection, which may include capped valves or capped service ports that allow proper repair or disposal, and which have a tested leakage rate of less than 3 grams per year under a pressure of at least a quarter of the maximum allowable pressure;
(12) ‘container’ means a product which is designed primarily for transporting or storing fluorinated greenhouse gases;
(13) ‘non-refillable container’ means a container which cannot be refilled without being adapted for that purpose or is placed on the market without provision having been made for its return for refilling;
(14) ‘recovery’ means the collection and storage of fluorinated greenhouse gases from products, including containers, and equipment during maintenance or servicing or prior to the disposal of the products or equipment;
(15) ‘recycling’ means the reuse of a recovered fluorinated greenhouse gas following a basic cleaning process;
(16) ‘reclamation’ means the reprocessing of a recovered fluorinated greenhouse gas in order to match the equivalent performance of a virgin substance, taking into account its intended use;
(17) ‘destruction’ means the process of permanently transforming or decomposing all or most of a fluorinated greenhouse gas into one or more stable substances which are not fluorinated greenhouse gases;
(18) ‘decommissioning’ means the final shut-down and removal from operation or usage of a product or piece of equipment containing fluorinated greenhouse gases;
(19) ‘repair’ means the restoration of damaged or leaking products or equipment that contain, or whose functioning relies upon, fluorinated greenhouse gases, involving a part containing or designed to contain such gases;
(20) ‘installation’ means joining two or more pieces of equipment or circuits containing or designed to contain fluorinated greenhouse gases, with a view to assembling a system in the location where it will be operated, that entails joining together gas carrying conductors of a system to complete a circuit irrespective of the need to charge the system after assembly;
(21) ‘maintenance or servicing’ means all activities, excluding recovery in accordance with Article 8 and leak checks in accordance with Article 4 and point (b) of Article 10(1) of this Regulation, that entail breaking into the circuits containing or designed to contain fluorinated greenhouse gases, in particular supplying the system with fluorinated greenhouse gases, removing one or more pieces of circuit or equipment, reassembling two or more pieces of circuit or equipment, as well as repairing leaks;
(22) ‘virgin substance’ means a substance which has not previously been used;
(23) ‘stationary’ means not normally in transit during operation and includes moveable room air-conditioning appliances;
(24) ‘mobile’ means normally in transit during operation;
(25) ‘one component foam’ means a foam composition contained in a single aerosol dispenser in an unreacted or partly reacted liquid state and that expands and hardens when it leaves the dispenser;
(26) ‘refrigerated truck’ means a motor vehicle with a mass of more than 3,5 tonnes that is designed and constructed primarily to carry goods and that is equipped with a refrigeration unit;
(27) ‘refrigerated trailer’ means a vehicle that is designed and constructed to be towed by a truck or a tractor primarily to carry goods and that is equipped with a refrigeration unit;
(28) ‘technical aerosol’ means an aerosol dispenser that is used in maintaining, repairing, cleaning, testing, disinsecting, manufacturing or installation of products and equipment, and in other applications;
(29) ‘leakage detection system’ means a calibrated mechanical, electrical or electronic device for detecting leakage of fluorinated greenhouse gases which, on detection, alerts the operator;
(30) ‘undertaking’ means any natural or legal person which:
(a) produces, uses, recovers, collects, recycles, reclaims, or destroys fluorinated greenhouse gases;
(b) imports or exports fluorinated greenhouse gases or products and equipment that contain such gases;
(c) places on the market fluorinated greenhouse gases or products and equipment that contain, or whose functioning relies upon, such gases;
(d) installs, services, maintains, repairs, checks for leaks or decommissions equipment that contains, or whose functioning relies upon, fluorinated greenhouse gases;
(e) is the operator of equipment that contains, or whose functioning relies upon, fluorinated greenhouse gases;
(f) produces, imports, exports, places on the market or destroys gases listed in Annex II;
(g) places on the market products or equipment containing gases listed in Annex II;
(31) ‘feedstock’ means any fluorinated greenhouse gas or substance listed in Annex II that undergoes chemical transformation in a process in which it is entirely converted from its original composition and its emissions are insignificant;
(32) ‘commercial use’ means used for the storage, display or dispensing of products, for sale to end users, in retail and food services;
(33) ‘fire protection equipment’ means equipment and systems utilised in fire prevention or suppression applications and includes fire extinguishers;
(34) ‘organic Rankine cycle’ means a cycle containing condensable fluorinated greenhouse gases converting heat from a heat source into power for the generation of electric or mechanical energy;
(35) ‘military equipment’ means arms, munitions and war material intended specifically for military purposes that are necessary for the protection of the essential interests of the security of the Member States;
(36) ‘electrical switchgear’ means switching devices and their combination with associated control, measuring, protective and regulating equipment, and assemblies of such devices and equipment with associated interconnections, accessories, enclosures and supporting structures, intended for usage in connection with the generation, transmission, distribution and conversion of electric energy;
(37) ‘multipack centralised refrigeration systems’ means systems with two or more compressors operated in parallel, which are connected to one or more common condensers and to a number of cooling devices such as display cases, cabinets, freezers or to chilled store rooms;
(38) ‘primary refrigerant circuit of cascade systems’ means the primary circuit in indirect medium temperature systems where a combination of two or more separate refrigeration circuits are connected in series such that the primary circuit absorbs the condenser heat from the secondary circuit for the medium temperature;
(39) ‘single split air-conditioning systems’ means room air-conditioning systems that consist of one outdoor unit and one indoor unit linked by refrigerant piping, requiring installation on the site of usage.
CHAPTER II
CONTAINMENT
Article 3
Prevention of emissions of fluorinated greenhouse gases
1. The intentional release of fluorinated greenhouse gases into the atmosphere shall be prohibited where the release is not technically necessary for the intended use.
2. Operators of equipment that contains fluorinated greenhouse gases shall take precautions to prevent the unintentional release (‘leakage’) of those gases. They shall take all measures which are technically and economically feasible to minimise leakage of fluorinated greenhouse gases.
3. Where a leakage of fluorinated greenhouse gases is detected, the operators shall ensure that the equipment is repaired without undue delay.
Where the equipment is subject to leak checks pursuant to Article 4(1) and a leak in the equipment has been repaired, the operators shall ensure that the equipment is checked by a certified natural person within one month after the repair to verify that the repair has been effective.
4. Natural persons carrying out the tasks referred to in points (a) to (c) of Article 10(1) shall be certified pursuant to Article 10(4) and (7), and take precautionary measures to prevent leakage of fluorinated greenhouse gases.
Undertakings carrying out installation, servicing, maintenance, repair or decommissioning of the equipment listed in points (a) to (d) of Article 4(2) shall be certified pursuant to Article 10(6) and (7) and shall take precautionary measures to prevent leakage of fluorinated greenhouse gases.
Article 4
Leak checks
1. Operators of equipment that contains fluorinated greenhouse gases in quantities of 5 tonnes of CO2 equivalent or more and not contained in foams shall ensure that the equipment is checked for leaks.
Hermetically sealed equipment that contains fluorinated greenhouse gases in quantities of less than 10 tonnes of CO2 equivalent shall not be subject to leak checks under this Article, provided that the equipment is labelled as hermetically sealed.
Electrical switchgear shall not be subject to leak checks under this Article provided that it complies with one of the following conditions:
(a) it has a tested leakage rate of less than 0,1 % per year as set out in the technical specification of the manufacturer and is labelled accordingly;
(b) it is equipped with a pressure or density monitoring device; or
(c) it contains less than 6 kg of fluorinated greenhouse gases.
2. Paragraph 1 shall apply to operators of the following equipment that contains fluorinated greenhouse gases:
(a) stationary refrigeration equipment;
(b) stationary air-conditioning equipment;
(c) stationary heat pumps;
(d) stationary fire protection equipment;
(e) refrigeration units of refrigerated trucks and trailers;
(f) electrical switchgear;
(g) organic Rankine cycles.
As regards the equipment referred to in points (a) to (e) of the first subparagraph, the checks shall be carried out by certified natural persons in accordance with the rules provided for in Article 10.
By way of derogation from the first subparagraph of paragraph 1, until 31 December 2016 equipment that contains less than 3 kg of fluorinated greenhouse gases or hermetically sealed equipment, which is labelled accordingly and contains less than 6 kg of fluorinated greenhouse gases, shall not be subject to leak checks.
3. Leak checks pursuant to paragraph 1 shall be carried out with the following frequency:
(a) for equipment that contains fluorinated greenhouse gases in quantities of 5 tonnes of CO2 equivalent or more, but of less than 50 tonnes of CO2 equivalent: at least every 12 months or, where a leakage detection system is installed, at least every 24 months;
(b) for equipment that contains fluorinated greenhouse gases in quantities of 50 tonnes of CO2 equivalent or more, but of less than 500 tonnes of CO2 equivalent: at least every six months or, where a leakage detection system is installed, at least every 12 months;
(c) for equipment that contains fluorinated greenhouse gases in quantities of 500 tonnes of CO2 equivalent or more: at least every three months or, where a leakage detection system is installed, at least every six months.
4. The obligations under paragraph 1 for fire protection equipment referred to in point (d) of paragraph 2 shall be considered to be fulfilled provided that both of the following conditions are met:
(a) the existing inspection regime meets ISO 14520 or EN 15004 standards; and
(b) the fire protection equipment is inspected as often as required under paragraph 3.
5. The Commission may, by means of implementing acts, specify requirements for the leak checks to be carried out in accordance with paragraph 1 of this Article for each type of equipment referred to in that paragraph, identify those parts of the equipment most likely to leak and repeal the acts adopted under Article 3(7) of Regulation (EC) No 842/2006. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 24.
Article 5
Leakage detection systems
1. Operators of equipment listed in points (a) to (d) of Article 4(2) and containing fluorinated greenhouse gases in quantities of 500 tonnes of CO2 equivalent or more shall ensure that the equipment is provided with a leakage detection system which alerts the operator or a service company of any leakage.
2. Operators of equipment listed in points (f) and (g) of Article 4(2) containing fluorinated greenhouse gases in quantities of 500 tonnes of CO2 equivalent or more and installed from 1 January 2017 shall ensure that this equipment is provided with a leakage detection system which alerts the operator or a service company of any leakage.
3. Operators of equipment listed in points (a) to (d) and point (g) of Article 4(2) which is subject to paragraph 1 or 2 of this Article shall ensure that leakage detection systems are checked at least once every 12 months to ensure their proper functioning.
4. Operators of equipment listed in point (f) of Article 4(2) which is subject to paragraph 2 of this Article shall ensure that leakage detection systems are checked at least once every six years to ensure their proper functioning.
Article 6
Record keeping
1. Operators of equipment which is required to be checked for leaks pursuant to Article 4(1) shall establish and maintain records for each piece of such equipment specifying the following information:
(a) the quantity and type of fluorinated greenhouse gases installed;
(b) the quantities of fluorinated greenhouse gases added during installation, maintenance or servicing or due to leakage;
(c) whether the quantities of installed fluorinated greenhouse gases have been recycled or reclaimed, including the name and address of the recycling or reclamation facility and, where applicable, the certificate number;
(d) the quantity of fluorinated greenhouse gases recovered;
(e) the identity of the undertaking which installed, serviced, maintained and, where applicable, repaired or decommissioned the equipment, including, where applicable, the number of its certificate;
(f) the dates and results of the checks carried out under Article 4(1) to (3);
(g) if the equipment was decommissioned, the measures taken to recover and dispose of the fluorinated greenhouse gases.
2. Unless the records referred to in paragraph 1 are stored in a database set up by the competent authorities of the Member States, the following rules shall apply:
(a) the operators referred to in paragraph 1 shall keep the records referred to in that paragraph for at least five years;
(b) undertakings carrying out the activities referred to in point (e) of paragraph 1 for operators shall keep copies of the records referred to in paragraph 1 for at least five years.
The records referred to in paragraph 1 shall be made available on request to the competent authority of the Member State concerned or to the Commission. Where those records contain environmental information, Directive 2003/4/EC of the European Parliament and of the Council (18) or Regulation (EC) No 1367/2006 of the European Parliament and of the Council (19) shall apply, as appropriate.
3. For the purposes of Article 11(4), undertakings supplying fluorinated greenhouse gases shall establish records of relevant information on the purchasers of fluorinated greenhouse gases, including the following details:
(a) numbers of certificates of the purchasers; and
(b) the respective quantities of fluorinated greenhouse gases purchased.
Undertakings supplying fluorinated greenhouse gases shall keep those records for at least five years.
Undertakings supplying fluorinated greenhouse gases shall make those records available on request to the competent authority of the Member State concerned or to the Commission.
Where those records contain environmental information, Directive 2003/4/EC or Regulation (EC) No 1367/2006 shall apply, as appropriate.
4. The Commission may, by means of an implementing act, determine the format of the records referred to in paragraphs 1 and 3 of this Article and specify how they should be established and maintained. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 24.
Article 7
Emissions of fluorinated greenhouse gases in relation to production
1. Producers of fluorinated compounds shall take all necessary precautions to limit emissions of fluorinated greenhouse gases to the greatest extent possible during:
(a) production;
(b) transport; and
(c) storage.
This Article also applies where fluorinated greenhouse gases are produced as by-products.
2. Without prejudice to Article 11(1), the placing on the market of fluorinated greenhouse gases and gases listed in Annex II shall be prohibited unless, where relevant, producers or importers provide evidence at the time of such placing on the market that trifluoromethane, produced as a by-product during the manufacturing process, including during the manufacturing of feedstocks for their production, has been destroyed or recovered for subsequent use, in line with best available techniques.
That requirement shall apply from 11 June 2015.
Article 8
Recovery
1. Operators of stationary equipment or of refrigeration units of refrigerated trucks and trailers that contain fluorinated greenhouse gases not contained in foams shall ensure that the recovery of those gases is carried out by natural persons that hold the relevant certificates provided for in Article 10, so that those gases are recycled, reclaimed or destroyed.
That obligation shall apply to operators of the following equipment:
(a) the cooling circuits of stationary refrigeration, stationary air-conditioning and stationary heat pump equipment;
(b) the cooling circuits of refrigeration units of refrigerated trucks and trailers;
(c) stationary equipment that contains fluorinated greenhouse gas-based solvents;
(d) stationary fire protection equipment; and
(e) stationary electrical switchgear.
2. An undertaking that uses a fluorinated greenhouse gas container immediately prior to its disposal shall arrange for the recovery of any residual gases to ensure that they are recycled, reclaimed or destroyed.
3. Operators of products and equipment not listed in paragraph 1, including mobile equipment, that contain fluorinated greenhouse gases shall arrange for the recovery of the gases, to the extent that it is technically feasible and does not entail disproportionate costs, by appropriately qualified natural persons, so that they are recycled, reclaimed or destroyed, or shall arrange for their destruction without prior recovery.
The recovery of fluorinated greenhouse gases from air-conditioning equipment in road vehicles not falling within the scope of Directive 2006/40/EC of the European Parliament and of the Council (20) shall be carried out by appropriately qualified natural persons.
For the purposes of the recovery of fluorinated greenhouse gases from air-conditioning equipment in motor vehicles falling within the scope of Directive 2006/40/EC, only natural persons holding at least a training attestation in accordance with Article 10(2) shall be considered appropriately qualified.
Article 9
Producer responsibility schemes
Without prejudice to existing Union legislation, Member States shall encourage the development of producer responsibility schemes for the recovery of fluorinated greenhouse gases and their recycling, reclamation or destruction.
Member States shall provide information to the Commission on the action taken pursuant to the first paragraph.
Article 10
Training and certification
1. On the basis of the minimum requirements referred to in paragraph 5, Member States shall establish or adapt certification programmes, including evaluation processes.
Member States shall ensure that training is available for natural persons carrying out the following tasks:
(a) installation, servicing, maintenance, repair or decommissioning of the equipment listed in points (a) to (f) of Article 4(2);
(b) leak checks of the equipment referred to in points (a) to (e) of Article 4(2), as provided for in Article 4(1);
(c) recovery of fluorinated greenhouse gases, as provided for in Article 8(1).
2. Member States shall ensure that training programmes are available for natural persons recovering fluorinated greenhouse gases from air-conditioning equipment in motor vehicles falling within the scope of Directive 2006/40/EC, on the basis of the minimum requirements referred to in paragraph 5.
3. The certification programmes and training referred to in paragraphs 1 and 2 shall cover the following:
(a) applicable regulations and technical standards;
(b) emission prevention;
(c) recovery of fluorinated greenhouse gases;
(d) safe handling of equipment of the type and size covered by the certificate;
(e) information on relevant technologies to replace or to reduce the use of fluorinated greenhouse gases and their safe handling.
4. Certificates under the certification programmes referred to in paragraph 1 shall be subject to the condition that the applicant has successfully completed an evaluation process established in accordance with paragraphs 1, 3 and 5.
5. The minimum requirements for certification programmes shall be those established in Commission Regulations (EC) No 303/2008 to (EC) No 306/2008 and in paragraph 12. The minimum requirements for training attestations shall be those established in Commission Regulation (EC) No 307/2008 and in paragraph 12. Those minimum requirements shall specify, for each type of equipment referred to in paragraphs 1 and 2, the practical skills and theoretical knowledge required, where appropriate distinguishing between the different activities concerned, and the conditions for the mutual recognition of certificates and training attestations.
6. Member States shall establish or adapt, on the basis of the minimum requirements referred to in paragraph 5, certification programmes for undertakings carrying out installation, servicing, maintenance, repair or decommissioning of the equipment listed in points (a) to (d) of Article 4(2) for other parties.
7. Existing certificates and training attestations issued in accordance with Regulation (EC) No 842/2006 shall remain valid, in accordance with the conditions under which they were originally issued.
8. Member States shall ensure that all natural persons holding certificates issued under the certification programmes referred to in paragraphs 1 and 7 have access to information on each of the following:
(a) the technologies referred to in point (e) of paragraph 3; and
(b) the existing regulatory requirements for working with equipment that contains alternative refrigerants to fluorinated greenhouse gases.
9. Member States shall ensure that training is available for natural persons wishing to update their knowledge in relation to the subjects referred to in paragraph 3.
10. By 1 January 2017, Member States shall notify the Commission of their certification and training programmes.
Member States shall recognise certificates and training attestations issued in other Member States in accordance with this Article. They shall not restrict the freedom to provide services or the freedom of establishment because a certificate was issued in another Member State.
11. An undertaking that commissions a task referred to in paragraph 1 to another undertaking shall take reasonable steps to verify that the latter holds the necessary certificates for the required tasks pursuant to this Article.
12. Where it is necessary to ensure a more harmonised approach to training and certification for the purposes of applying this Article, the Commission shall, by means of implementing acts, adapt and update the minimum requirements as regards the skills and knowledge to be covered, specify the modalities of certification or attestation and the conditions for mutual recognition, and repeal acts adopted under Article 5(1) of Regulation (EC) No 842/2006. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 24. In exercising its powers under this paragraph, the Commission shall take into account existing relevant qualification or certification systems.
13. The Commission may, by means of implementing acts, determine the format of the notification referred to in paragraph 10 of this Article and repeal acts adopted under Article 5(5) of Regulation (EC) No 842/2006. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 24.
14. Where the obligations under this Article relating to the provision of certification and training would impose disproportionate burdens on a Member State due to the small size of its population and the consequent lack of demand for such training and certification, compliance may instead be achieved by recognition of certificates issued in other Member States.
Member States applying this paragraph shall inform the Commission, which shall inform the other Member States.
15. Nothing in this Article shall prevent Member States from establishing further certification and training programmes in relation to equipment other than that referred to in paragraph 1.
CHAPTER III
PLACING ON THE MARKET AND CONTROL OF USE
Article 11
Restrictions on the placing on the market
1. The placing on the market of products and equipment listed in Annex III, with the exception of military equipment, shall be prohibited from the date specified in that Annex, differentiating, where applicable, according to the type or global warming potential of the fluorinated greenhouse gas contained.
2. The prohibition set out in paragraph 1 shall not apply to equipment for which it has been established in ecodesign requirements adopted under Directive 2009/125/EC that, due to higher energy efficiency during its operation, its lifecycle CO2 equivalent emissions would be lower than those from equivalent equipment which meets relevant ecodesign requirements and does not contain hydrofluorocarbons.
3. Following a substantiated request by a competent authority of a Member State and taking into account the objectives of this Regulation, the Commission may exceptionally authorise, by means of implementing acts, an exemption for up to four years to allow the placing on the market of products and equipment listed in Annex III that contain, or whose functioning relies upon, fluorinated greenhouse gases where it is demonstrated that:
(a) for a particular product or piece of equipment, or for a particular category of products or equipment, alternatives are not available or cannot be used for technical or safety reasons; or
(b) the use of technically feasible and safe alternatives would entail disproportionate costs.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 24.
4. For the purposes of carrying out the installation, servicing, maintenance or repair of the equipment that contains fluorinated greenhouse gases or whose functioning relies upon those gases for which a certificate or attestation is required under Article 10, fluorinated greenhouse gases shall only be sold to and purchased by undertakings that hold the relevant certificates or attestations in accordance with Article 10 or undertakings that employ persons holding a certificate or a training attestation in accordance with Article 10(2) and (5). This paragraph shall not prevent non-certified undertakings, which do not carry out the activities referred to in the first sentence of this paragraph, from collecting, transporting or delivering fluorinated greenhouse gases.
5. Non-hermetically sealed equipment charged with fluorinated greenhouse gases shall only be sold to the end user where evidence is provided that the installation is to be carried out by an undertaking certified in accordance with Article 10.
6. The Commission shall collect information, based on available data from Member States, on national codes, standards or legislation of Member States with respect to replacement technologies using alternatives to fluorinated greenhouse gases in refrigeration, air-conditioning and heat pump equipment and in foams.
The Commission shall publish a summary report of the information collected under the first subparagraph by 1 January 2017.
Article 12
Labelling and product and equipment information
1. Products and equipment that contain, or whose functioning relies upon, fluorinated greenhouse gases shall not be placed on the market unless they are labelled. This only applies to:
(a) refrigeration equipment;
(b) air-conditioning equipment;
(c) heat pumps;
(d) fire protection equipment;
(e) electrical switchgear;
(f) aerosol dispensers that contain fluorinated greenhouse gases, with the exception of metered dose inhalers for the delivery of pharmaceutical ingredients;
(g) all fluorinated greenhouse gas containers;
(h) fluorinated greenhouse gas-based solvents;
(i) organic Rankine cycles.
2. Products and equipment subject to an exemption pursuant to Article 11(3) shall be labelled accordingly and shall include a reference that those products or equipment may only be used for the purpose for which the exemption has been granted pursuant to that Article.
3. The label required under paragraph 1 shall indicate the following information:
(a) a reference that the product or equipment contains fluorinated greenhouse gases or that its functioning relies upon such gases;
(b) the accepted industry designation for the fluorinated greenhouse gases concerned or, if no such designation is available, the chemical name;
(c) from 1 January 2017, the quantity expressed in weight and in CO2 equivalent of fluorinated greenhouse gases contained in the product or equipment, or the quantity of fluorinated greenhouse gases for which the equipment is designed, and the global warming potential of those gases.
The label required under paragraph 1 shall indicate the following information, where applicable:
(a) a reference that the fluorinated greenhouse gases are contained in hermetically sealed equipment;
(b) a reference that the electrical switchgear has a tested leakage rate of less than 0,1 % per year as set out in the technical specification of the manufacturer.
4. The label shall be clearly readable and indelible and shall be placed either:
(a) adjacent to the service ports for charging or recovering the fluorinated greenhouse gas; or
(b) on that part of the product or equipment that contains the fluorinated greenhouse gas.
The label shall be written in the official language or languages of the Member State in which the product or equipment is to be placed on the market.
5. Foams and pre-blended polyols that contain fluorinated greenhouse gases shall not be placed on the market unless the fluorinated greenhouse gases are identified with a label using the accepted industry designation or, if no such designation is available, the chemical name. The label shall clearly indicate that the foam or pre-blended polyol contains fluorinated greenhouse gases.
In the case of foam boards, that information shall be clearly and indelibly stated on the boards.
6. Reclaimed or recycled fluorinated greenhouse gases shall be labelled with an indication that the substance has been reclaimed or recycled, information on the batch number and the name and address of the reclamation or recycling facility.
7. Fluorinated greenhouse gases placed on the market for destruction shall be labelled with an indication that the contents of the container may only be destroyed.
8. Fluorinated greenhouse gases placed on the market for direct export shall be labelled with an indication that the contents of the container may only be directly exported.
9. Fluorinated greenhouse gases placed on the market for use in military equipment shall be labelled with an indication that the contents of the container may only be used for that purpose.
10. Fluorinated greenhouse gases placed on the market for the etching of semiconductor material or the cleaning of chemical vapour deposition chambers in the semiconductor manufacturing sector shall be labelled with an indication that the contents of the container may only be used for that purpose.
11. Fluorinated greenhouse gases placed on the market for feedstock use shall be labelled with an indication that the contents of the container may only be used as feedstock.
12. Fluorinated greenhouse gases placed on the market for the production of metered dose inhalers for the delivery of pharmaceutical ingredients shall be labelled with an indication that the contents of the container may only be used for that purpose.
13. The information referred to in paragraphs 3 and 5 shall be included in instruction manuals for such products and equipment.
For products and equipment containing fluorinated greenhouse gases with a global warming potential of 150 or more, that information shall also be included in descriptions used for advertising.
14. The Commission may, by means of implementing acts, determine the format of the labels referred to in paragraph 1 and paragraphs 4 to 12 and may repeal acts adopted under Article 7(3) of Regulation (EC) No 842/2006. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 24.
15. The Commission shall be empowered to adopt delegated acts in accordance with Article 22 to amend the labelling requirements in paragraphs 4 to 12 where appropriate in the light of commercial or technological developments.
Article 13
Control of use
1. The use of sulphur hexafluoride in magnesium die-casting and in the recycling of magnesium die-casting alloys shall be prohibited.
As regards installations using a quantity of sulphur hexafluoride below 850 kg per year for magnesium die-casting and for the recycling of magnesium die-casting alloys, the prohibition shall only apply from 1 January 2018.
2. The use of sulphur hexafluoride to fill vehicle tyres shall be prohibited.
3. From 1 January 2020, the use of fluorinated greenhouse gases with a global warming potential of 2 500 or more to service or maintain refrigeration equipment with a charge size of 40 tonnes of CO2 equivalent or more shall be prohibited.
This paragraph shall not apply to military equipment or equipment intended for applications designed to cool products to temperatures below – 50 °C.
The prohibition referred to in the first subparagraph shall not apply to the following categories of fluorinated greenhouse gases until 1 January 2030:
(a) reclaimed fluorinated greenhouse gases with a global warming potential of 2 500 or more used for the maintenance or servicing of existing refrigeration equipment, provided that they have been labelled in accordance with Article 12(6);
(b) recycled fluorinated greenhouse gases with a global warming potential of 2 500 or more used for the maintenance or servicing of existing refrigeration equipment, provided that they have been recovered from such equipment. Such recycled gases may only be used by the undertaking which carried out their recovery as part of maintenance or servicing or the undertaking for which the recovery was carried out as part of maintenance or servicing.
The prohibition referred to in the first subparagraph shall not apply to refrigeration equipment for which an exemption has been authorised pursuant to Article 11(3).
Article 14
Pre-charging of equipment with hydrofluorocarbons
1. From 1 January 2017, refrigeration, air-conditioning and heat pump equipment charged with hydrofluorocarbons shall not be placed on the market unless hydrofluorocarbons charged into the equipment are accounted for within the quota system referred to in Chapter IV.
2. When placing pre-charged equipment on the market, manufacturers and importers of equipment referred to in paragraph 1 shall ensure that compliance with the requirements of paragraph 1 is fully documented and shall draw up a declaration of conformity in this regard.
From 1 January 2018, where hydrofluorocarbons contained in the equipment have not been placed on the market prior to the charging of the equipment, importers of such equipment shall ensure that by 31 March of each year the accuracy of the documentation and of the declaration of conformity is verified for the preceding calendar year by an independent auditor. The auditor shall be either:
(a) accredited pursuant to Directive 2003/87/EC of the European Parliament and of the Council (21); or
(b) accredited to verify financial statements in accordance with the legislation of the Member State concerned.
Manufacturers and importers of equipment referred to in paragraph 1 shall keep the documentation and the declaration of conformity for a period of at least five years after placing that equipment on the market. Importers of equipment that place on the market pre-charged equipment where the hydrofluorocarbons contained therein have not been placed on the market prior to charging shall ensure that they are registered in accordance with point (e) of Article 17(1).
3. By drawing up the declaration of conformity, manufacturers and importers of equipment referred to in paragraph 1 shall assume responsibility for compliance with the requirements of paragraphs 1 and 2.
4. The Commission shall, by means of implementing acts, determine detailed arrangements for the declaration of conformity and for the verification by the independent auditor referred to in the second subparagraph of paragraph 2 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 24.
CHAPTER IV
REDUCTION OF THE QUANTITY OF HYDROFLUOROCARBONS PLACED ON THE MARKET
Article 15
Reduction of the quantity of hydrofluorocarbons placed on the market
1. The Commission shall ensure that the quantity of hydrofluorocarbons that producers and importers are entitled to place on the market in the Union each year does not exceed the maximum quantity for the year in question calculated in accordance with Annex V.
Each producer and importer shall ensure that the quantity of hydrofluorocarbons calculated in accordance with Annex V that it places on the market does not exceed its respective quota allocated pursuant to Article 16(5) or transferred to it pursuant to Article 18.
2. This Article shall not apply to producers or importers of less than 100 tonnes of CO2 equivalent of hydrofluorocarbons per year.
This Article shall also not apply to the following categories of hydrofluorocarbons:
(a) hydrofluorocarbons imported into the Union for destruction;
(b) hydrofluorocarbons used by a producer in feedstock applications or supplied directly by a producer or an importer to undertakings for use in feedstock applications;
(c) hydrofluorocarbons supplied directly by a producer or an importer to undertakings for export out of the Union, where those hydrofluorocarbons are not subsequently made available to any other party within the Union prior to export;
(d) hydrofluorocarbons supplied directly by a producer or an importer to undertakings for use in military equipment;
(e) hydrofluorocarbons supplied directly by a producer or an importer to an undertaking using them for the etching of semiconductor material or the cleaning of chemical vapour deposition chambers within the semiconductor manufacturing sector;
(f) from 1 January 2018, hydrofluorocarbons supplied directly by a producer or an importer to an undertaking producing metered dose inhalers for the delivery of pharmaceutical ingredients.
3. This Article and Articles 16, 18, 19 and 25 shall also apply to hydrofluorocarbons contained in pre-blended polyols.
4. Following a substantiated request by a competent authority of a Member State and taking into account the objectives of this Regulation, the Commission may exceptionally, by means of implementing acts, authorise an exemption for up to four years from the quota requirement under paragraph 1 for hydrofluorocarbons to be used in specific applications or specific categories of products or equipment, where it is demonstrated that:
(a) for those particular applications, products or equipment, alternatives are not available or cannot be used for technical or safety reasons; and
(b) a sufficient supply of hydrofluorocarbons cannot be ensured without entailing disproportionate costs.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 24.
Article 16
Allocation of quotas for placing hydrofluorocarbons on the market
1. By 31 October 2014, the Commission shall, by means of implementing acts, determine for each producer or importer having reported data under Article 6 of Regulation (EC) No 842/2006 a reference value based on the annual average of the quantities of hydrofluorocarbons the producer or importer reported to have placed on the market from 2009 to 2012. The reference values shall be calculated in accordance with Annex V to this Regulation.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 24.
2. Producers and importers that have not reported placing on the market hydrofluorocarbons under Article 6 of Regulation (EC) No 842/2006 for the reference period referred to in paragraph 1 may declare their intention to place on the market hydrofluorocarbons in the following year.
The declaration shall be submitted to the Commission specifying the types of hydrofluorocarbons and the quantities expected to be placed on the market.
The Commission shall issue a notice on the deadline for submitting such declarations. Before submitting a declaration under paragraphs 2 and 4 of this Article, undertakings shall register in the registry referred to in Article 17.
3. By 31 October 2017 and every three years thereafter, the Commission shall recalculate the reference values for the producers and importers referred to in paragraphs 1 and 2 of this Article based on the annual average of the quantities of hydrofluorocarbons lawfully placed on the market from 1 January 2015, as reported under Article 19 for the years available. The Commission shall determine those reference values by means of implementing acts.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 24.
4. Producers and importers for which reference values have been determined may declare additional anticipated quantities in accordance with the procedure set out in paragraph 2.
5. The Commission shall allocate to each producer and importer a quota for placing hydrofluorocarbons on the market for each year starting in 2015, applying the allocation mechanism set out in Annex VI.
Quotas shall only be allocated to producers or importers established within the Union or that have mandated an only representative established within the Union for the purposes of compliance with the requirements of this Regulation. The only representative may be the same as the one mandated pursuant to Article 8 of Regulation (EC) No 1907/2006 of the European Parliament and of the Council (22).
The only representative shall also comply with all other obligations of producers and importers under this Regulation.
Article 17
Registry
1. By 1 January 2015, the Commission shall establish and ensure the operation of an electronic registry for quotas for placing hydrofluorocarbons on the market (‘the registry’).
Registration in the registry shall be mandatory for the following:
(a) producers and importers to which a quota for placing hydrofluorocarbons on the market has been allocated in accordance with Article 16(5);
(b) undertakings to which a quota is transferred in accordance with Article 18;
(c) producers and importers intending to submit a declaration pursuant to Article 16(2);
(d) producers and importers supplying hydrofluorocarbons, or undertakings receiving hydrofluorocarbons, for the purposes listed in points (a) to (f) of the second subparagraph of Article 15(2);
(e) importers of equipment that place on the market pre-charged equipment where the hydrofluorocarbons contained therein have not been placed on the market prior to the charging of the equipment, in accordance with Article 14.
Registration shall be made by way of application to the Commission in accordance with procedures established by the Commission.
2. The Commission may, where necessary, by means of implementing acts, ensure the proper functioning of the registry. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 24.
3. The Commission shall ensure that registered producers and importers are informed, through the registry, of the allocated quotas and of any changes thereto during the allocation period.
4. The competent authorities of the Member States, including customs authorities, shall have access to the registry for information purposes.
Article 18
Transfer of quotas and authorisation to use quotas for the placing on the market of hydrofluorocarbons in imported equipment
1. Any producer or importer for whom a reference value has been determined under Article 16(1) or (3) and to whom a quota has been allocated under Article 16(5) may transfer that quota in the registry referred to in Article 17(1), in part or in full, to another producer or importer in the Union or to another producer or importer which is represented in the Union by an only representative referred to in the second and third subparagraphs of Article 16(5).
2. A producer or importer that has received its quota pursuant to Article 16(1) and (3), or to which a quota has been transferred pursuant to paragraph 1 of this Article, may authorise another undertaking to use its quota for the purposes of Article 14.
A producer or importer that has received its quota solely on the basis of a declaration pursuant to Article 16(2) may authorise another undertaking to use its quota for the purposes of Article 14 only if the corresponding hydrofluorocarbons are physically supplied by the authorising producer or importer.
For the purposes of Article 15, Article 16 and Article 19(1) and (6), the respective quantities of hydrofluorocarbons shall be considered to be placed on the market by the authorising producer or importer at the time of the authorisation. The Commission may request evidence from the authorising producer or importer of its business activity in the supply of hydrofluorocarbons.
CHAPTER V
REPORTING
Article 19
Reporting on production, import, export, feedstock use and destruction of the substances listed in Annexes I or II
1. By 31 March 2015 and every year thereafter, each producer, importer and exporter that produced, imported or exported one metric tonne or 100 tonnes of CO2 equivalent or more of fluorinated greenhouse gases and gases listed in Annex II during the preceding calendar year shall report to the Commission the data specified in Annex VII on each of those substances for that calendar year. This paragraph shall also apply to undertakings that receive quotas pursuant to Article 18(1).
2. By 31 March 2015 and every year thereafter, each undertaking that destroyed one metric tonne or 1 000 tonnes of CO2 equivalent or more of fluorinated greenhouse gases and gases listed in Annex II during the preceding calendar year shall report to the Commission the data specified in Annex VII on each of those substances for that calendar year.
3. By 31 March 2015 and every year thereafter, each undertaking that used 1 000 tonnes of CO2 equivalent or more of fluorinated greenhouse gases as feedstock during the preceding calendar year shall report to the Commission the data specified in Annex VII on each of those substances for that calendar year.
4. By 31 March 2015 and every year thereafter, each undertaking that placed on the market products or equipment containing 500 tonnes of CO2 equivalent or more of fluorinated greenhouse gases and gases listed in Annex II during the preceding calendar year shall report to the Commission the data specified in Annex VII on each of those substances for that calendar year.
5. Importers of equipment that place on the market pre-charged equipment where the hydrofluorocarbons contained therein have not been placed on the market prior to the charging of the equipment shall submit to the Commission a verification document issued pursuant to Article 14(2).
6. By 30 June 2015 and every year thereafter, each undertaking reporting, under paragraph 1, the placing on the market of 10 000 tonnes of CO2 equivalent or more of hydrofluorocarbons during the preceding calendar year shall in addition ensure that the accuracy of the data is verified by an independent auditor. The auditor shall be either:
(a) accredited pursuant to Directive 2003/87/EC; or
(b) accredited to verify financial statements in accordance with the legislation of the Member State concerned.
The undertaking shall keep the verification report for at least five years. The verification report shall be made available, on request, to the competent authority of the Member State concerned and to the Commission.
7. The Commission may, by means of implementing acts, determine the format and means for submitting the reports referred to in this Article.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 24.
8. The Commission shall take appropriate measures to protect the confidentiality of the information submitted to it in accordance with this Article.
Article 20
Collection of emissions data
Member States shall establish reporting systems for the relevant sectors referred to in this Regulation, with the objective of acquiring, to the extent possible, emissions data.
CHAPTER VI
FINAL PROVISIONS
Article 21
Review
1. The Commission shall be empowered to adopt delegated acts in accordance with Article 22 in order to update Annexes I, II and IV on the basis of new assessment reports adopted by the Intergovernmental Panel on Climate Change or of new reports of the Scientific Assessment Panel of the Montreal Protocol on the global warming potential of the listed substances.
2. On the basis of information on the placing on the market of gases listed in Annexes I and II reported pursuant to Article 19 and on emissions of fluorinated greenhouse gases made available pursuant to Article 20, and on the basis of any relevant information received from Member States, the Commission shall monitor the application and effects of this Regulation.
By 31 December 2020, the Commission shall publish a report on the availability of hydrofluorocarbons on the Union market.
By 31 December 2022, the Commission shall publish a comprehensive report on the effects of this Regulation, including in particular:
(a) a forecast of the demand for hydrofluorocarbons up to 2030 and beyond;
(b) an assessment of the need for further action by the Union and its Member States in light of existing and new international commitments regarding the reduction of fluorinated greenhouse gas emissions;
(c) a summary of European and international standards, national safety legislation and building codes in Member States in relation to the transition to alternative refrigerants;
(d) a review of the availability of technically feasible and cost-effective alternatives to products and equipment containing fluorinated greenhouse gases for products and equipment not listed in Annex III, taking into account energy efficiency.
3. By 1 July 2017, the Commission shall publish a report assessing the prohibition under point 13 of Annex III, which shall in particular examine the availability of cost-effective, technically feasible, energy-efficient and reliable alternatives to the multipack centralised refrigeration systems referred to in that provision. In the light of that report, the Commission shall, where appropriate, submit a legislative proposal to the European Parliament and to the Council in order to amend the provision under point 13 of Annex III.
4. By 1 July 2020, the Commission shall publish a report assessing whether cost-effective, technically feasible, energy-efficient and reliable alternatives exist which make the replacement of fluorinated greenhouse gases possible in new secondary medium voltage switchgear and in new small single split air-conditioning systems, and shall, where appropriate, submit a legislative proposal to the European Parliament and to the Council to amend the list in Annex III.
5. By 1 July 2017, the Commission shall publish a report assessing the quota allocation method, including the impact of free allocation of quotas, and the costs of implementation of this Regulation in the Member States and of a possible international agreement on hydrofluorocarbons, if relevant. In the light of that report, the Commission shall, where appropriate, submit a legislative proposal to the European Parliament and to the Council in order to:
(a) amend the quota allocation method;
(b) establish an appropriate method to distribute any revenues.
6. By 1 January 2017, the Commission shall publish a report reviewing Union legislation on the training of natural persons in the safe handling of alternative refrigerants to replace or reduce the use of fluorinated greenhouse gases and shall, where appropriate, submit a legislative proposal to the European Parliament and to the Council to amend the relevant Union legislation.
Article 22
Exercise of the delegation
1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.
2. The power to adopt delegated acts referred to in Article 12(15) and Article 21(1) shall be conferred on the Commission for a period of five years from 10 June 2014. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for further periods of five years, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.
3. The delegation of power referred to in Article 12(15) and Article 21(1) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
5. A delegated act adopted pursuant to Article 12(15) and Article 21(1) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
Article 23
Consultation Forum
In the implementation of this Regulation, the Commission shall ensure a balanced participation of representatives of Member States and of civil society, including environmental organisations, and of representatives of manufacturers, operators and certified persons. To that end, it shall set up a Consultation Forum for those parties to meet and to provide advice and expertise to the Commission on the implementation of this Regulation, in particular as regards the availability of alternatives to fluorinated greenhouse gases, including the environmental, technical, economic and safety aspects of their use. The rules of procedure of the Consultation Forum shall be established by the Commission and shall be published.
Article 24
Committee procedure
1. The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.
2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply. Where the committee delivers no opinion, the Commission shall not adopt the draft implementing act and the third subparagraph of Article 5(4) of Regulation (EU) No 182/2011 shall apply.
Article 25
Penalties
1. Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive.
Member States shall notify the Commission of those provisions by 1 January 2017 and shall notify it without delay of any subsequent amendment affecting them.
2. In addition to the penalties referred to in paragraph 1, undertakings that have exceeded the quota for placing hydrofluorocarbons on the market allocated to them pursuant to Article 16(5) or transferred to them pursuant to Article 18 shall only be allocated a reduced quota for the allocation period following the finding of the exceedance.
The amount of the reduction shall be calculated as 200 % of the amount by which the quota was exceeded. If the amount of the reduction is higher than the quantity to be allocated as quota pursuant to Article 16(5) for the allocation period following the finding of the exceedance, no quota shall be allocated for that allocation period and the quota for following allocation periods shall be reduced likewise until the whole amount has been deducted.
Article 26
Repeal
Regulation (EC) No 842/2006 is repealed with effect from 1 January 2015, without prejudice to compliance with the requirements of that Regulation in accordance with the timeline set out therein.
However, Regulations (EC) No 1493/2007, (EC) No 1494/2007, (EC) No 1497/2007, (EC) No 1516/2007, (EC) No 303/2008, (EC) No 304/2008, (EC) No 305/2008, (EC) No 306/2008, (EC) No 307/2008 and (EC) No 308/2008 shall remain in force and continue to apply unless and until repealed by delegated or implementing acts adopted by the Commission pursuant to this Regulation.
References to Regulation (EC) No 842/2006 shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex VIII.
Article 27
Entry into force and date of application
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
It shall apply from 1 January 2015.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Strasbourg, 16 April 2014.
For the European Parliament
The President
M. SCHULZ
For the Council
The President
D. KOURKOULAS
(1) OJ C 271, 19.9.2013, p. 138.
(2) Position of the European Parliament of 12 March 2014 (not yet published in the Official Journal) and decision of the Council of 14 April 2014.
(3) Council Decision 94/69/EC of 15 December 1993 concerning the conclusion of the United Nations Framework Convention on Climate Change (OJ L 33, 7.2.1994, p. 11).
(4) Regulation (EC) No 842/2006 of the European Parliament and of the Council of 17 May 2006 on certain fluorinated greenhouse gases (OJ L 161, 14.6.2006, p. 1).
(5) Regulation (EU) No 525/2013 of the European Parliament and of the Council of 21 May 2013 on a mechanism for monitoring and reporting greenhouse gas emissions and for reporting other information at national and Union level relevant to climate change and repealing Decision No 280/2004/EC (OJ L 165, 18.6.2013, p. 13).
(6) Directive 2009/125/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for the setting of ecodesign requirements for energy-related products (OJ L 285, 31.10.2009, p. 10).
(7) Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
(8) Commission Regulation (EC) No 1493/2007 of 17 December 2007 establishing, pursuant to Regulation (EC) No 842/2006 of the European Parliament and of the Council, the format for the report to be submitted by producers, importers and exporters of certain fluorinated greenhouse gases (OJ L 332, 18.12.2007, p. 7).
(9) Commission Regulation (EC) No 1494/2007 of 17 December 2007 establishing, pursuant to Regulation (EC) No 842/2006 of the European Parliament and of the Council, the form of labels and additional labelling requirements as regards products and equipment containing certain fluorinated greenhouse gases (OJ L 332, 18.12.2007, p. 25).
(10) Commission Regulation (EC) No 1497/2007 of 18 December 2007 establishing, pursuant to Regulation (EC) No 842/2006 of the European Parliament and of the Council, standard leakage checking requirements for stationary fire protection systems containing certain fluorinated greenhouse gases (OJ L 333, 19.12.2007, p. 4).
(11) Commission Regulation (EC) No 1516/2007 of 19 December 2007 establishing, pursuant to Regulation (EC) No 842/2006 of the European Parliament and of the Council, standard leakage checking requirements for stationary refrigeration, air conditioning and heat pump equipment containing certain fluorinated greenhouse gases (OJ L 335, 20.12.2007, p. 10).
(12) Commission Regulation (EC) No 303/2008 of 2 April 2008 establishing, pursuant to Regulation (EC) No 842/2006 of the European Parliament and of the Council, minimum requirements and the conditions for mutual recognition for the certification of companies and personnel as regards stationary refrigeration, air conditioning and heat pump equipment containing certain fluorinated greenhouse gases (OJ L 92, 3.4.2008, p. 3).
(13) Commission Regulation (EC) No 304/2008 of 2 April 2008 establishing, pursuant to Regulation (EC) No 842/2006 of the European Parliament and of the Council, minimum requirements and the conditions for mutual recognition for the certification of companies and personnel as regards stationary fire protection systems and fire extinguishers containing certain fluorinated greenhouse gases (OJ L 92, 3.4.2008, p. 12).
(14) Commission Regulation (EC) No 305/2008 of 2 April 2008 establishing, pursuant to Regulation (EC) No 842/2006 of the European Parliament and of the Council, minimum requirements and the conditions for mutual recognition for the certification of personnel recovering certain fluorinated greenhouse gases from high-voltage switchgear (OJ L 92, 3.4.2008, p. 17).
(15) Commission Regulation (EC) No 306/2008 of 2 April 2008 establishing, pursuant to Regulation (EC) No 842/2006 of the European Parliament and of the Council, minimum requirements and the conditions for mutual recognition for the certification of personnel recovering certain fluorinated greenhouse gas-based solvents from equipment (OJ L 92, 3.4.2008, p. 21).
(16) Commission Regulation (EC) No 307/2008 of 2 April 2008 establishing, pursuant to Regulation (EC) No 842/2006 of the European Parliament and of the Council, minimum requirements for training programmes and the conditions for mutual recognition of training attestations for personnel as regards air-conditioning systems in certain motor vehicles containing certain fluorinated greenhouse gases (OJ L 92, 3.4.2008, p. 25).
(17) Commission Regulation (EC) No 308/2008 of 2 April 2008 establishing, pursuant to Regulation (EC) No 842/2006 of the European Parliament and of the Council, the format for notification of the training and certification programmes of the Member States (OJ L 92, 3.4.2008, p. 28).
(18) Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information and repealing Council Directive 90/313/EEC (OJ L 41, 14.2.2003, p. 26).
(19) Regulation (EC) No 1367/2006 of the European Parliament and of the Council of 6 September 2006 on the application of the provisions of the Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters to Community institutions and bodies (OJ L 264, 25.9.2006, p. 13).
(20) Directive 2006/40/EC of the European Parliament and of the Council of 17 May 2006 relating to emissions from air-conditioning systems in motor vehicles and amending Council Directive 70/156/EEC (OJ L 161, 14.6.2006, p. 12).
(21) Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC (OJ L 275, 25.10.2003, p. 32).
(22) Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ L 396, 30.12.2006, p. 1).
ANNEX I
FLUORINATED GREENHOUSE GASES REFERRED TO IN POINT (1) OF ARTICLE 2
Substance
GWP (1)
Industrial designation
Chemical name
(Common name)
Chemical formula
Section 1: Hydrofluorocarbons (HFCs)
HFC-23
Trifluoromethane
(fluoroform)
CHF3
14 800
HFC-32
Difluoromethane
CH2F2
675
HFC-41
Fluoromethane
(methyl fluoride)
CH3F
92
HFC-125
Pentafluoroethane
CHF2CF3
3 500
HFC-134
1,1,2,2-Tetrafluoroethane
CHF2CHF2
1 100
HFC-134a
1,1,1,2-Tetrafluoroethane
CH2FCF3
1 430
HFC-143
1,1,2-Trifluoroethane
CH2FCHF2
353
HFC-143a
1,1,1-Trifluoroethane
CH3CF3
4 470
HFC-152
1,2-Difluoroethane
CH2FCH2F
53
HFC-152a
1,1-Difluoroethane
CH3CHF2
124
HFC-161
Fluoroethane
(ethyl fluoride)
CH3CH2F
12
HFC-227ea
1,1,1,2,3,3,3-Heptafluoropropane
CF3CHFCF3
3 220
HFC-236cb
1,1,1,2,2,3-Hexafluoropropane
CH2FCF2CF3
1 340
HFC-236ea
1,1,1,2,3,3-Hexafluoropropane
CHF2CHFCF3
1 370
HFC-236fa
1,1,1,3,3,3-Hexafluoropropane
CF3CH2CF3
9 810
HFC-245ca
1,1,2,2,3-Pentafluoropropane
CH2FCF2CHF2
693
HFC-245fa
1,1,1,3,3-Pentafluoropropane
CHF2CH2CF3
1 030
HFC-365 mfc
1,1,1,3,3-Pentafluorobutane
CF3CH2CF2CH3
794
HFC-43-10 mee
1,1,1,2,2,3,4,5,5,5-Decafluoropentane
CF3CHFCHFCF2CF3
1 640
Section 2: Perfluorocarbons (PFCs)
PFC-14
Tetrafluoromethane
(perfluoromethane, carbon tetrafluoride)
CF4
7 390
PFC-116
Hexafluoroethane
(perfluoroethane)
C2F6
12 200
PFC-218
Octafluoropropane
(perfluoropropane)
C3F8
8 830
PFC-3-1-10
(R-31-10)
Decafluorobutane
(perfluorobutane)
C4F10
8 860
PFC-4-1-12
(R-41-12)
Dodecafluoropentane
(perfluoropentane)
C5F12
9 160
PFC-5-1-14
(R-51-14)
Tetradecafluorohexane
(perfluorohexane)
C6F14
9 300
PFC-c-318
Octafluorocyclobutane
(perfluorocyclobutane)
c-C4F8
10 300
Section 3: Other perfluorinated compounds
Sulphur hexafluoride
SF6
22 800
(1) Based on the Fourth Assessment Report adopted by the Intergovernmental Panel on Climate Change (IPCC), unless otherwise indicated.
ANNEX II
OTHER FLUORINATED GREENHOUSE GASES SUBJECT TO REPORTING IN ACCORDANCE WITH ARTICLE 19
Substance
GWP (1)
Common name/industrial designation
Chemical formula
Section 1: Unsaturated hydro(chloro)fluorocarbons
HFC-1234yf
CF3CF = CH2
4 Fn (2)
HFC-1234ze
trans — CHF = CHCF3
7 Fn2
HFC-1336mzz
CF3CH = CHCF3
9
HCFC-1233zd
C3H2ClF3
4,5
HCFC-1233xf
C3H2ClF3
1 Fn (3)
Section 2: Fluorinated ethers and alcohols
HFE-125
CHF2OCF3
14 900
HFE-134 (HG-00)
CHF2OCHF2
6 320
HFE-143a
CH3OCF3
756
HCFE-235da2 (isoflurane)
CHF2OCHClCF3
350
HFE-245cb2
CH3OCF2CF3
708
HFE-245fa2
CHF2OCH2CF3
659
HFE-254cb2
CH3OCF2CHF2
359
HFE-347 mcc3 (HFE-7000)
CH3OCF2CF2CF3
575
HFE-347pcf2
CHF2CF2OCH2CF3
580
HFE-356pcc3
CH3OCF2CF2CHF2
110
HFE-449sl (HFE-7100)
C4F9OCH3
297
HFE-569sf2 (HFE-7200)
C4F9OC2H5
59
HFE-43-10pccc124 (H-Galden 1040x) HG-11
CHF2OCF2OC2F4OCHF2
1 870
HFE-236ca12 (HG-10)
CHF2OCF2OCHF2
2 800
HFE-338pcc13 (HG-01)
CHF2OCF2CF2OCHF2
1 500
HFE-347mmy1
(CF3)2CFOCH3
343
2,2,3,3,3-pentafluoropropanol
CF3CF2CH2OH
42
bis(trifluoromethyl)-methanol
(CF3)2CHOH
195
HFE-227ea
CF3CHFOCF3
1 540
HFE-236ea2 (desflurane)
CHF2OCHFCF3
989
HFE-236fa
CF3CH2OCF3
487
HFE-245fa1
CHF2CH2OCF3
286
HFE 263fb2
CF3CH2OCH3
11
HFE-329 mcc2
CHF2CF2OCF2CF3
919
HFE-338 mcf2
CF3CH2OCF2CF3
552
HFE-338mmz1
(CF3)2CHOCHF2
380
HFE-347 mcf2
CHF2CH2OCF2CF3
374
HFE-356 mec3
CH3OCF2CHFCF3
101
HFE-356mm1
(CF3)2CHOCH3
27
HFE-356pcf2
CHF2CH2OCF2CHF2
265
HFE-356pcf3
CHF2OCH2CF2CHF2
502
HFE 365 mcf3
CF3CF2CH2OCH3
11
HFE-374pc2
CHF2CF2OCH2CH3
557
– (CF2)4CH (OH) –
73
Section 3: Other perfluorinated compounds
perfluoropolymethylisopropyl ether (PFPMIE)
CF3OCF(CF3)CF2OCF2OCF3
10 300
nitrogen trifluoride
NF3
17 200
trifluoromethyl sulphur pentafluoride
SF5CF3
17 700
perfluorocyclopropane
c-C3F6
17 340Fn (4)
(1) Based on the Fourth Assessment Report adopted by the Intergovernmental Panel on Climate Change (IPCC), unless otherwise indicated.
(2) Global warming potential according to the 2010 Assessment of the Scientific Assessment Panel of the Montreal Protocol, Tables 1-11, which cites two peer-reviewed scientific references. http://ozone.unep.org/Assessment_Panels/SAP/Scientific_Assessment_2010/index.shtml
(3) Default value, global warming potential not yet available.
(4) Minimum value according to the Fourth Assessment Report adopted by the Intergovernmental Panel on Climate Change.
ANNEX III
PLACING ON THE MARKET PROHIBITIONS REFERRED TO IN ARTICLE 11(1)
Products and equipment
Where relevant, the GWP of mixtures containing fluorinated greenhouse gases shall be calculated in accordance with Annex IV, as provided for in point (6) of Article 2.
Date of prohibition
1. Non-refillable containers for fluorinated greenhouse gases used to service, maintain or fill refrigeration, air-conditioning or heat pump equipment, fire protection systems or switchgear, or for use as solvents
4 July 2007
2. Non-confined direct evaporation systems that contain HFCs and PFCs as refrigerants
4 July 2007
3. Fire protection equipment
that contains PFCs
4 July 2007
that contains HFC-23
1 January 2016
4. Windows for domestic use that contain fluorinated greenhouse gases
4 July 2007
5. Other windows that contain fluorinated greenhouse gases
4 July 2008
6. Footwear that contains fluorinated greenhouse gases
4 July 2006
7. Tyres that contain fluorinated greenhouse gases
4 July 2007
8. One component foams, except when required to meet national safety standards, that contain fluorinated greenhouse gases with GWP of 150 or more
4 July 2008
9. Aerosol generators marketed and intended for sale to the general public for entertainment and decorative purposes, as referred to in point 40 of Annex XVII to Regulation (EC) No 1907/2006, and signal horns, that contain HFCs with GWP of 150 or more
4 July 2009
10. Domestic refrigerators and freezers that contain HFCs with GWP of 150 or more
1 January 2015
11. Refrigerators and freezers for commercial use (hermetically sealed equipment)
that contain HFCs with GWP of 2 500 or more
1 January 2020
that contain HFCs with GWP of 150 or more
1 January 2022
12. Stationary refrigeration equipment that contains, or whose functioning relies upon, HFCs with GWP of 2 500 or more, except equipment intended for application designed to cool products to temperatures below – 50 °C
1 January 2020
13. Multipack centralised refrigeration systems for commercial use with a rated capacity of 40 kW or more that contain, or whose functioning relies upon, fluorinated greenhouse gases with GWP of 150 or more, except in the primary refrigerant circuit of cascade systems where fluorinated greenhouse gases with a GWP of less than 1 500 may be used
1 January 2022
14. Movable room air-conditioning equipment (hermetically sealed equipment which is movable between rooms by the end user) that contains HFCs with GWP of 150 or more
1 January 2020
15. Single split air-conditioning systems containing less than 3 kg of fluorinated greenhouse gases, that contain, or whose functioning relies upon, fluorinated greenhouse gases with GWP of 750 or more
1 January 2025
16. Foams that contain HFCs with GWP of 150 or more, except when required to meet national safety standards
Extruded polystyrene (XPS)
1 January 2020
Other foams
1 January 2023
17. Technical aerosols that contain HFCs with GWP of 150 or more, except when required to meet national safety standards or when used for medical applications
1 January 2018
ANNEX IV
METHOD OF CALCULATING THE TOTAL GWP OF A MIXTURE
The GWP of a mixture is calculated as a weighted average, derived from the sum of the weight fractions of the individual substances multiplied by their GWPs, unless otherwise specified, including substances that are not fluorinated greenhouse gases.
Formula
where % is the contribution by weight with a weight tolerance of ± 1 %.
For example: applying the formula to a blend of gases consisting of 60 % dimethyl ether, 10 % HFC-152a and 30 % isobutane:
Formula
→ Total GWP = 13,9
The GWPs of the following non-fluorinated substances are used for the purpose of calculating the GWP of mixtures. For other substances not listed in this Annex, a default value of 0 applies.
Substance
GWP (1)
Common name
Industrial designation
Chemical formula
methane
CH4
25
nitrous oxide
N2O
298
dimethyl ether
CH3OCH3
1
methylene chloride
CH2Cl2
9
methyl chloride
CH3Cl
13
chloroform
CHCl3
31
ethane
R-170
CH3CH3
6
propane
R-290
CH3CH2CH3
3
butane
R-600
CH3CH2CH2CH3
4
isobutane
R-600a
CH(CH3)2CH3
3
pentane
R-601
CH3CH2CH2CH2CH3
5 (2)
isopentane
R-601a
(CH3)2CHCH2CH3
5 (2)
ethoxyethane (diethyl ether)
R-610
CH3CH2OCH2CH3
4
methyl formate
R-611
HCOOCH3
25
hydrogen
R-702
H2
6
ammonia
R-717
NH3
0
ethylene
R-1150
C2H4
4
propylene
R-1270
C3H6
2
cyclopentane
C5H10
5 (2)
(1) Based on the Fourth Assessment Report adopted by the Intergovernmental Panel on Climate Change (IPCC), unless otherwise indicated.
(2) Substance not listed in the Fourth Assessment Report adopted by the Intergovernmental Panel on Climate Change; default value based on the GWPs of other hydrocarbons.
ANNEX V
CALCULATION OF THE MAXIMUM QUANTITY, REFERENCE VALUES AND QUOTAS FOR PLACING HYDROFLUOROCARBONS ON THE MARKET
The maximum quantity referred to in Article 15(1) shall be calculated by applying the following percentages to the annual average of the total quantity placed on the market in the Union during the period from 2009 to 2012. From 2018, the maximum quantity referred to in Article 15(1) shall be calculated by applying the following percentages to the annual average of the total quantity placed on the market in the Union during the period from 2009 to 2012 and subsequently deducting the amounts for exempted uses in accordance with Article 15(2), based on available data.
Years
Percentage to calculate the maximum quantity of hydrofluorocarbons to be placed on the market and corresponding quotas
2015
100 %
2016-17
93 %
2018-20
63 %
2021-23
45 %
2024-26
31 %
2027-29
24 %
2030
21 %
The maximum quantity, reference values and quotas for placing hydrofluorocarbons on the market referred to in Articles 15 and 16 shall be calculated as aggregated quantities of all types of hydrofluorocarbons, expressed in tonnes of CO2 equivalent.
The calculation of the reference values and quotas for placing hydrofluorocarbons on the market referred to in Articles 15 and 16 shall be based on the quantities of hydrofluorocarbons placed on the Union market by producers and importers during the reference or allocation period, but excluding the quantities of hydrofluorocarbons for the uses referred to in Article 15(2) during the same period, based on available data.
Transactions referred to in point (c) of Article 15(2) shall be verified in accordance with Article 19(6) irrespective of the quantity involved.
ANNEX VI
ALLOCATION MECHANISM REFERRED TO IN ARTICLE 16
1. Determination of the amount to be allocated to undertakings for which a reference value has been set pursuant to Article 16(1) and (3)
Each undertaking for which a reference value has been set shall be allocated a quota corresponding to 89 % of the reference value multiplied by the percentage set out in Annex V for the year in question.
2. Determination of the amount to be allocated to undertakings that have submitted a declaration pursuant to Article 16(2)
The sum of the quotas allocated pursuant to point 1 shall be subtracted from the maximum quantity for the year in question set out in Annex V to determine the amount to be allocated to undertakings for which no reference value has been set and which have submitted a declaration pursuant to Article 16(2) (amount to be allocated in calculation step 1).
2.1. Calculation step 1
Each undertaking shall receive an allocation corresponding to the quantity requested in its declaration, but not more than a pro-rata share of the amount to be allocated in step 1.
The pro-rata share shall be calculated by dividing 100 by the number of undertakings that have submitted a declaration. The sum of the allocations under step 1 shall be subtracted from the amount to be allocated in step 1 to determine the amount to be allocated in step 2.
2.2. Calculation step 2
Each undertaking that did not receive 100 % of the quantity requested in the declaration in step 1 shall receive an additional allocation corresponding to the difference between the quantity requested and the quantity received in step 1. However, that allocation shall not exceed a pro-rata share of the amount to be allocated in step 2.
The pro-rata share shall be calculated by dividing 100 by the number of undertakings eligible for allocation under step 2. The sum of the allocations under step 2 shall be subtracted from the amount to be allocated in step 2 to determine the amount to be allocated in step 3.
2.3. Calculation step 3
Step 2 shall be repeated until all requests are satisfied or until the remaining amount to be allocated in the next step is below 500 tonnes of CO2 equivalent.
3. Determination of the amount to be allocated to undertakings that have submitted a declaration pursuant to Article 16(4)
For the allocation of quotas for the period 2015 to 2017, the sum of the quotas allocated pursuant to points 1 and 2 shall be subtracted from the maximum quantity for the year in question set out in Annex V to determine the amount to be allocated to undertakings for which a reference value has been set and which have submitted a declaration pursuant to Article 16(4).
The allocation mechanism described in points 2.1 and 2.2 shall apply.
For the allocation of quotas for 2018 and for each year thereafter, undertakings that have submitted a declaration in accordance with Article 16(4) shall be treated as undertakings that have submitted a declaration in accordance with Article 16(2).
ANNEX VII
DATA TO BE REPORTED PURSUANT TO ARTICLE 19
1. Each producer referred to in Article 19(1) shall report on:
(a) the total quantity of each substance listed in Annexes I and II it has produced in the Union, identifying the main categories of applications in which the substance is used;
(b) the quantity of each substance listed in Annex I and, where relevant, Annex II it has placed on the Union market, identifying separately quantities placed on the market for feedstock uses, direct export, the production of metered dose inhalers for the delivery of pharmaceutical ingredients, use in military equipment and the etching of semiconductor material or the cleaning of chemical vapour deposition chambers within the semiconductor manufacturing sector;
(c) the quantities of each substance listed in Annexes I and II that have been recycled, reclaimed or destroyed respectively;
(d) any stocks held at the beginning and end of the reporting period;
(e) any authorisations to use quotas, specifying the respective quantities, for the purposes of Article 14.
2. Each importer referred to in Article 19(1) shall report on:
(a) the quantity of each substance listed in Annex I and, where relevant, Annex II it has imported into the Union, identifying the main categories of applications in which the substance is used, and identifying separately quantities placed on the market for feedstock uses, direct export, the production of metered dose inhalers for the delivery of pharmaceutical ingredients, use in military equipment and the etching of semiconductor material or the cleaning of chemical vapour deposition chambers within the semiconductor manufacturing sector;
(b) the quantities of each substance listed in Annexes I and II that have been recycled, reclaimed or destroyed respectively;
(c) any authorisations to use quotas, specifying the respective quantities, for the purposes of Article 14;
(d) any stocks held at the beginning and end of the reporting period.
3. Each exporter referred to in Article 19(1) shall report on:
(a) the quantities of each substance listed in Annexes I and II it has exported from the Union, other than those that have been recycled, reclaimed or destroyed;
(b) the quantities of each substance listed in Annexes I and II it has exported from the Union for recycling, reclamation and destruction respectively.
4. Each undertaking referred to in Article 19(2) shall report on:
(a) the quantities of each substance listed in Annexes I and II it has destroyed, including quantities of such substances contained in products or equipment;
(b) any stocks of each substance listed in Annexes I and II awaiting destruction, including quantities of such substances contained in products or equipment;
(c) the technology used for the destruction of the substances listed in Annexes I and II.
5. Each undertaking referred to in Article 19(3) shall report on the quantities of each substance listed in Annex I used as feedstock.
6. Each undertaking referred to in Article 19(4) shall report on:
(a) the categories of products or equipment containing substances listed in Annexes I and II;
(b) the number of units;
(c) for each substance listed in Annexes I and II, the quantities contained in the products or equipment.