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 (EC) No 842/2006 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 17 May 2006
on certain fluorinated greenhouse gases
(Text with EEA relevance)
DOWNLOAD THE REGULATIONTHE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 175(1) thereof, and Article 95 thereof in relation to Articles 7, 8 and 9 of this Regulation,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Economic and Social Committee (1),
Acting in accordance with the procedure laid down in Article 251 of the Treaty (2), in the light of the joint text approved by the Conciliation Committee on 14 March 2006,
Whereas:
(1) The Sixth Community Environment Action Programme (3) identifies climate change as a priority for action. That Programme recognises that the Community is committed to achieving an 8 % reduction in emissions of greenhouse gases by 2008 to 2012 compared to 1990 levels, and that, in the longer term, global emissions of greenhouse gases will need to be reduced by approximately 70 % compared to 1990 levels.
(2) The ultimate objective of the United Nations Framework Convention on Climate Change, which was approved by Council Decision 94/69/EC of 15 December 1993 concerning the conclusion of the United Nations Framework Convention on Climate Change (4), is to achieve stabilisation of greenhouse gas concentrations in the atmosphere at a level which would prevent dangerous anthropogenic interference with the climate system.
(3) Council Decision 2002/358/EC of 25 April 2002 concerning the approval, on behalf of the European Community, of the Kyoto Protocol to the United Nations Framework Convention on Climate Change and the joint fulfilment of commitments thereunder (5) commits the Community and its Member States to reducing their aggregate anthropogenic emissions of the greenhouse gases listed in Annex A to the Kyoto Protocol by 8 % compared to 1990 levels in the period 2008 to 2012.
(4) Many fluorinated greenhouse gases covered by the Kyoto Protocol and by this Regulation have a high global warming potential.
(5) Provision should be made to prevent and minimise emissions of fluorinated greenhouse gases, without prejudice to Council Directive 75/442/EEC of 15 July 1975 on waste (6), Council Directive 96/61/EC of 24 September 1996 concerning integrated pollution prevention and control (7), Directive 2000/53/EC of the European Parliament and of the Council of 18 September 2000 on end-of-life vehicles (8) and Directive 2002/96/EC of the European Parliament and of the Council of 27 January 2003 on waste electrical and electronic equipment (WEEE) (9).
(6) The main objective of this Regulation is to reduce the emissions of fluorinated greenhouse gases covered by the Kyoto Protocol and thus to protect the environment; the legal basis should therefore be Article 175(1) of the Treaty.
(7) Nevertheless, it is appropriate to take measures at Community level on the basis of Article 95 of the Treaty to harmonise requirements on the use of fluorinated greenhouse gases and on the placing on the market and labelling of products and equipment containing fluorinated greenhouse gases. Restrictions on the placing on the market and use of certain applications of fluorinated greenhouse gases are considered appropriate where viable alternatives exist and improvement of containment and recovery is not practicable. Voluntary initiatives by certain industry sectors, as well as the fact that the development of alternatives is still continuing, should also be taken into account.
(8) The implementation and enforcement of this Regulation should stimulate technological innovation by encouraging the continued development of alternative technologies and the transition to already existing, more environmentally friendly technologies.
(9) Member States should facilitate the cross-border shipment within the Community of recovered fluorinated greenhouse gases for reclamation or destruction, in accordance with the Regulation of the European Parliament and of the Council on shipments of waste (10).
(10) The placing on the market of products and equipment containing fluorinated greenhouse gases, as listed in Annex II, is detrimental to the objectives and commitments of the Community and its Member States with regard to climate change, and it is therefore necessary to restrict the placing on the market of such products and equipment as far as the Community is concerned. Other applications containing fluorinated greenhouse gases may be equally detrimental, and the need to extend Annex II should therefore be reviewed, taking into account environmental benefits, technical feasibility and cost-effectiveness.
(11) Annex II to Decision 2002/358/EC sets different reduction targets for individual Member States, and Member States have taken specific actions to achieve those targets. In accordance with Article 95 of the Treaty, Member States should have the possibility of maintaining the national measures adopted to achieve those national targets for a limited period.
(12) In order to contribute to the fulfilment of the commitments of the Community and its Member States under the United Nations Framework Convention on Climate Change, the Kyoto Protocol and Decision 2002/358/EC, 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 (11) and this Regulation, both aimed at preventing and minimising emissions of fluorinated greenhouse gases, should be adopted and published in the Official Journal of the European Union simultaneously.
(13) Provision should be made for monitoring, evaluating and reviewing the provisions contained in this Regulation.
(14) Member States should lay down rules on penalties applicable to infringements of the provisions of this Regulation and ensure that they are implemented. Those penalties should be effective, proportionate and dissuasive.
(15) This Regulation respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union.
(16) Since the objectives of this Regulation, namely to contain, and to report on, certain fluorinated greenhouse gases and to control the use and placing on the market of products and equipment containing certain fluorinated greenhouse gases, in order to protect the environment and to safeguard the internal market, cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale and effects of this Regulation, be better achieved at Community level, the Community may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. 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.
(17) The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (12),
HAVE ADOPTED THIS REGULATION:
Article 1
Scope
The objective of this Regulation is to contain, prevent and thereby reduce emissions of the fluorinated greenhouse gases covered by the Kyoto Protocol. It shall apply to the fluorinated greenhouse gases listed in Annex A to that Protocol. Annex I to this Regulation contains a list of the fluorinated greenhouse gases currently covered by this Regulation, together with their global warming potentials. In the light of revisions provided for in Article 5(3) of the Kyoto Protocol and accepted by the Community and its Member States, Annex I may be reviewed and subsequently updated, if appropriate.
This Regulation addresses the containment, use, recovery and destruction of the fluorinated greenhouse gases listed in Annex I; the labelling and disposal of products and equipment containing those gases; the reporting of information on those gases; the control of uses referred to in Article 8 and the placing on the market prohibitions of the products and equipment referred to in Article 9 and Annex II; and the training and certification of personnel and companies involved in activities provided for by this Regulation.
This Regulation shall apply without prejudice to Directives 75/442/EEC, 96/61/EC, 2000/53/EC and 2002/96/EC.
Article 2
Definitions
For the purposes of this Regulation, the following definitions shall apply:
1) ‘fluorinated greenhouse gases’ means hydrofluorocarbons (HFCs), perfluorocarbons (PFCs) and sulphur hexafluoride (SF6) as listed in Annex I and preparations containing those substances, but excludes substances controlled under Regulation (EC) No 2037/2000 of the European Parliament and of the Council of 29 June 2000 on substances that deplete the ozone layer (13);
2) ‘hydrofluorocarbon’ means an organic compound consisting of carbon, hydrogen and fluorine, and where no more than six carbon atoms are contained in the molecule;
3) ‘perfluorocarbon’ means an organic compound consisting only of carbon and fluorine, and where no more than six carbon atoms are contained in the molecule;
4) ‘global warming potential’ means the climatic warming potential of a fluorinated greenhouse gas relative to that of carbon dioxide. The global warming potential (GWP) is calculated in terms of the 100-year warming potential of one kilogram of a gas relative to one kilogram of CO2. The GWP figures listed in Annex I are those published in the Third Assessment Report (TAR) adopted by the Intergovernmental Panel on Climate Change (‘2001 IPCC GWP values’) (14);
5) ‘preparation’ means, for the purposes of the obligations under this Regulation, except destruction, a mixture composed of two or more substances at least one of which is a fluorinated greenhouse gas, except where the total global warming potential of the preparation is less than 150. The total global warming potential (15) of the preparation shall be determined in accordance with Part 2 of Annex I;
6) ‘operator’ means the natural or legal person exercising actual power over the technical functioning of the equipment and systems covered by this Regulation; a Member State may, in defined, specific situations, designate the owner as being responsible for the operator’s obligations;
7) ‘placing on the market’ means supplying or making available to another party in the Community for the first time, for payment or free of charge, products and equipment containing, or whose functioning relies upon, fluorinated greenhouse gases, including the import into the customs territory of the Community;
8) ‘use’ means the utilisation of fluorinated greenhouse gases in the production, refilling, servicing or maintenance of products and equipment covered by this Regulation;
9) ‘heat pump’ means a device or installation that extracts heat at low temperature from air, water or earth and supplies heat;
10) ‘leakage detection system’ means a calibrated mechanical, electrical or electronic device for detecting leakage of fluorinated greenhouse gases which, on detection, alerts the operator;
11) ‘hermetically sealed system’ means a system in which all refrigerant-containing parts are made tight by welding, brazing or a similar permanent connection, which may include capped valves and capped service ports that allow proper repair or disposal and which have a tested leakage rate of less than three 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 is designed not to be refilled and is used in the servicing, maintenance or filling of refrigeration, air-conditioning or heat pump equipment, fire protection systems or high-voltage switchgear, or to store or transport fluorinated greenhouse gas based solvents;
14) ‘recovery’ means the collection and storage of fluorinated greenhouse gases from, for example, machinery, equipment and containers;
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 meet a specified standard of performance;
17) ‘destruction’ means the process by which all or most of a fluorinated greenhouse gas is permanently transformed or decomposed into one or more stable substances which are not fluorinated greenhouse gases;
18) ‘stationary application or equipment’ means an application or equipment that is normally not in transit during operation;
19) ‘novelty aerosols’ means aerosol generators placed on the market and intended for sale to the general public for entertainment and decorative purposes as listed in the Annex to Directive 94/48/EC (16).
Article 3
Containment
1. Operators of the following stationary applications: refrigeration, air-conditioning and heat pump equipment, including their circuits, as well as fire protection systems, which contain fluorinated greenhouse gases listed in Annex I, shall, using all measures which are technically feasible and do not entail disproportionate cost:
a) prevent leakage of these gases; and
b) as soon as possible repair any detected leakage.
2. Operators of the applications referred to in paragraph 1 shall ensure that they are checked for leakage by certified personnel who comply with the requirements of Article 5, on the following schedule:
a) applications containing 3 kilograms or more of fluorinated greenhouse gases shall be checked for leakage at least once every 12 months; this shall not apply to equipment with hermetically sealed systems, which are labelled as such and contain less than 6 kilograms of fluorinated greenhouse gases;
b) applications containing 30 kilograms or more of fluorinated greenhouse gases shall be checked for leakage at least once every six months;
c) applications containing 300 kilograms or more of fluorinated greenhouse gases shall be checked for leakage once every three months.
The applications shall be checked for leakage within one month after a leak has been repaired to ensure that the repair has been effective.
For the purposes of this paragraph, ‘checked for leakage’ means that the equipment or system is examined for leakage using direct or indirect measuring methods, focusing on those parts of the equipment or system most likely to leak. The direct and indirect measuring methods for checking for leakage shall be specified in the standard inspection requirements referred to in paragraph 7.
3. Operators of applications referred to in paragraph 1 containing 300 kilograms or more of fluorinated greenhouse gases shall install leakage detection systems. These leakage detection systems shall be checked at least once every 12 months to ensure their proper functioning. In the case of fire protection systems installed before 4 July 2007, leakage detection systems shall be installed by 4 July 2010.
4. Where a properly functioning appropriate leakage detection system is in place, the frequency of the checks required under paragraph 2(b) and (c) may be halved.
5. In the case of fire protection systems where there is an existing inspection regime in place to meet the ISO 14520 standard, these inspections may also fulfil the obligations of this Regulation, as long as that inspection is at least as frequent.
6. Operators of applications referred to in paragraph 1 containing 3 kilograms or more of fluorinated greenhouse gases shall maintain records on the quantity and type of fluorinated greenhouse gases installed, any quantities added and the quantity recovered during servicing, maintenance and final disposal. They shall also maintain records of other relevant information, including the identification of the company or technician which performed the servicing or maintenance, as well as the dates and results of the checks carried out under paragraphs 2, 3 and 4 and relevant information specifically identifying the separate stationary equipment of the applications referred to in paragraph 2(b) and (c). The records shall be made available on request to the competent authority and to the Commission.
7. By 4 July 2007, the Commission shall establish, in accordance with the procedure referred to in Article 12(2), standard leakage checking requirements for each of the applications referred to in paragraph 1.
Article 4
Recovery
1. The operators of the following types of stationary equipment shall be responsible for putting in place arrangements for the proper recovery, by certified personnel who comply with the requirements of Article 5, of fluorinated greenhouse gases to ensure their recycling, reclamation or destruction:
a) the cooling circuits of refrigeration, air-conditioning and heat pump equipment;
b) equipment containing fluorinated greenhouse gas based solvents;
c) fire protection systems and fire extinguishers; and
d) high-voltage switchgear.
2. When a refillable or non-refillable fluorinated greenhouse gas container reaches the end of its life, the person utilising the container for transport or storage purposes shall be responsible for putting in place arrangements for the proper recovery of any residual gases contained in it to ensure their recycling, reclamation or destruction.
3. Fluorinated greenhouse gases contained in other products and equipment, including mobile equipment unless it is serving military operations, shall, to the extent that it is technically feasible and does not entail disproportionate cost, be recovered by appropriately qualified personnel to ensure their recycling, reclamation or destruction.
4. Recovery for the purpose of recycling, reclamation or destruction of the fluorinated greenhouse gases pursuant to paragraphs 1 to 3 shall take place before the final disposal of that equipment and, where appropriate, during its servicing and maintenance.
Article 5
Training and certification
1. By 4 July 2007, minimum requirements and the conditions for mutual recognition shall be established, on the basis of information received from Member States and through consultation with the relevant sectors, in accordance with the procedure referred to in Article 12(2), in respect of training and certification programmes for both companies and relevant personnel involved in the installation, maintenance or servicing of the equipment and systems covered by Article 3(1), as well as for personnel involved in the activities provided for in Articles 3 and 4.
2. By 4 July 2008, Member States shall establish or adapt their own training and certification requirements on the basis of the minimum requirements referred to in paragraph 1. Member States shall notify the Commission of their training and certification programmes. Member States shall recognise the certificates issued in another Member State and shall not restrict the freedom to provide services or the freedom of establishment for reasons relating to certification issued in another Member State.
3. The operator of the relevant application shall ensure that the relevant personnel have obtained the necessary certification referred to in paragraph 2, which implies appropriate knowledge of the applicable regulations and standards as well as the necessary competence in emission prevention and recovery of fluorinated greenhouse gases and in handling safely the relevant type and size of equipment.
4. By 4 July 2009, Member States shall ensure that the companies involved in carrying out the activities provided for in Articles 3 and 4 shall only take delivery of fluorinated greenhouse gases where their relevant personnel hold the certificates referred to in paragraph 2 of this Article.
5. By 4 July 2007, the Commission shall determine, in accordance with the procedure referred to in Article 12(2), the format of the notification referred to in paragraph 2 of this Article.
Article 6
Reporting
1. By 31 March 2008 and every year thereafter, each producer, importer and exporter of fluorinated greenhouse gases shall communicate by means of a report to the Commission, and send a copy thereof to the competent authority of the Member State concerned, the following information relating to the previous calendar year.
a) Each producer of fluorinated greenhouse gases producing more than one tonne per annum shall communicate:
— its total production of each fluorinated greenhouse gas in the Community, identifying the main categories of applications (e.g. mobile air conditioning, refrigeration, air conditioning, foams, aerosols, electrical equipment, semiconductor manufacturing, solvents and fire protection) in which the substance is expected to be used,
— the quantities of each fluorinated greenhouse gas that it has placed on the market in the Community,
— any quantities of each fluorinated greenhouse gas recycled, reclaimed or destroyed.
b) Each importer importing more than one tonne per annum of fluorinated greenhouse gases, including producers that also import, shall communicate:
— the quantity of each fluorinated greenhouse gas it has imported or placed on the market in the Community, separately identifying the main categories of applications (e.g. mobile air conditioning, refrigeration, air conditioning, foams, aerosols, electrical equipment, semiconductor manufacturing) in which the substance is expected to be used,
— any quantities of each used fluorinated greenhouse gas it has imported for recycling, reclamation or destruction.
c) Each exporter exporting more than one tonne per annum of fluorinated greenhouse gases, including producers that also export, shall communicate:
— the quantities of fluorinated greenhouse gases it has exported from the Community,
— any quantities of used fluorinated greenhouse gases it has exported for recycling, reclamation or destruction.
2. By 4 July 2007, the Commission shall determine the format of the report referred to in paragraph 1 of this Article, in accordance with the procedure referred to in Article 12(2).
3. The Commission shall take appropriate measures to protect the confidentiality of the information submitted to it.
4. 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.
Article 7
Labelling
1. Without prejudice to Directive 67/548/EEC (17) and Directive 1999/45/EC (18) relating to the labelling of dangerous substances and preparations, the products and equipment referred to in paragraph 2 containing fluorinated greenhouse gases shall not be placed on the market unless the chemical names of the fluorinated greenhouse gases are identified by way of a label using the industry-accepted nomenclature. Such label shall clearly indicate that the product or equipment contains fluorinated greenhouse gases covered by the Kyoto Protocol and their quantity, and this shall be clearly and indelibly stated on the product or equipment, adjacent to the service points for charging or recovering the fluorinated greenhouse gas, or on that part of the product or equipment which contains the fluorinated greenhouse gas. Hermetically sealed systems shall be labelled as such.
Information on fluorinated greenhouse gases, including their global warming potential, shall be included in instruction manuals provided for such products and equipment.
2. Paragraph 1 shall apply to the following types of products and equipment:
a) refrigeration products and equipment containing perfluorocarbons or preparations containing perfluorocarbons;
b) refrigeration and air-conditioning products and equipment (other than those contained in motor vehicles), heat pumps, fire protection systems and fire extinguishers, if the respective type of product or equipment contains hydrofluorocarbons or preparations containing hydrofluorocarbons;
c) switchgear containing sulphur hexafluoride or preparations containing sulphur hexafluoride; and
d) all fluorinated greenhouse gas containers.
3. The form of the label to be used shall be established in accordance with the procedure referred to in Article 12(2). Additional labelling requirements to those set out in paragraph 1 may be adopted, where appropriate, in accordance with the same procedure. Before submitting a proposal to the Committee referred to in Article 12(1), the Commission shall evaluate the appropriateness of including in labels further environmental information, including the global warming potential, taking into account existing labelling schemes already applying to the products and equipment referred to in paragraph 2.
Article 8
Control of use
1. The use of sulphur hexafluoride, or its preparations, in magnesium die-casting shall be prohibited from 1 January 2008, except where the quantity of sulphur hexafluoride used is below 850 kilograms per year.
2. The use of sulphur hexafluoride, or its preparations, to fill vehicle tyres shall be prohibited from 4 July 2007.
Article 9
Placing on the market
1. The placing on the market of products and equipment containing, or whose functioning relies upon, fluorinated greenhouse gases as listed in Annex II shall be prohibited as laid down in that Annex.
2. Paragraph 1 shall not apply to products and equipment for which it is demonstrated that they were manufactured before the date of entry into force of the relevant placing on the market prohibition.
3. a)
Where a Member State has adopted, by 31 December 2005, national provisions that are more stringent than those provided for in this Article, and that fall within the scope of this Regulation, relating to the placing on the market of products and equipment containing, or whose functioning relies upon, fluorinated greenhouse gases, that Member State may, subject to point (b) of this Article, maintain those national provisions until 31 December 2012.
b) The Member State concerned shall notify the national provisions to the Commission, together with a justification for them, by 4 July 2007. Such provisions must be compatible with the Treaty. The Commission shall make the relevant information on these provisions available to the Committee referred to in Article 12(1).
Article 10
Review
1. On the basis of progress in the potential containment or replacement of fluorinated greenhouse gases in air-conditioning systems, other than those fitted to motor vehicles referred to in Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers (19), and contained in refrigeration systems used in all modes of transport, the Commission shall review this Regulation and publish a report by 31 December 2007 at the latest. It shall, where appropriate, accompany that report with legislative proposals by 31 December 2008 with a view to applying the provisions of Article 3 to air-conditioning systems, other than those fitted to motor vehicles referred to in Directive 70/156/EEC, and to refrigeration systems used in all modes of transport.
2. By 4 July 2011, the Commission shall publish a report based on the experience of the application of this Regulation. In particular, the report shall:
a) assess the impact of the relevant provisions on actual and projected emissions of fluorinated greenhouse gases and examine the cost-effectiveness of those provisions;
b) in the light of future IPCC assessment reports, assess whether additional fluorinated greenhouse gases should be added to Annex I;
c) assess the training and certification programmes established by Member States pursuant to Article 5(2);
d) assess the need for Community standards concerning the control of emissions of fluorinated greenhouse gases from products and equipment, in particular in relation to foams, including technical requirements regarding the design of products and equipment;
e) evaluate the effectiveness of the containment measures implemented by operators under Article 3 and assess whether maximum leakage rates for installations can be established;
f) evaluate and, if necessary, propose amendments to the reporting requirements in Article 6(1), in particular the one-tonne quantity threshold, and assess the need for competent authorities to report periodically to the Commission estimated emissions based on representative samples, in order to improve the practical implementation of those reporting requirements;
g) assess the need for the development and dissemination of best available techniques and best environmental practice notes addressing the prevention and minimisation of emissions of fluorinated greenhouse gases;
h) include a general overview of the development of technology both within the Community and internationally, in particular as regards foams, the experience gained, environmental requirements and any impacts on the functioning of the internal market;
i) evaluate whether the substitution of sulphur hexafluoride in sand casting, permanent mould casting and die-casting is technically feasible and cost-effective and, if appropriate, propose a revision of Article 8(1) by 1 January 2009; also review the exemption in Article 8(1) in the light of further evaluation of the available alternatives by 1 January 2010;
j) evaluate whether the inclusion of further products and equipment containing fluorinated gases in Annex II is technically feasible and cost-effective, taking into account energy efficiency, and, if appropriate, make proposals to amend Annex II with a view to including such further products and equipment;
k) evaluate whether the Community provisions concerning the global warming potential of fluorinated gases should be amended; any amendment should take into account technological and scientific developments and the need to respect industrial product planning time-scales;
l) assess the need for further action by the Community and its Member States in the light of existing and new international commitments regarding the reduction of greenhouse gas emissions.
3. The Commission shall, where appropriate, present appropriate proposals for the revision of the relevant provisions of this Regulation.
Article 11
Without prejudice to relevant Community legislation, in particular Community State aid rules and Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations (20), Member States may promote the placing on the market of products and equipment using alternatives to high global warming potential gases that are efficient, innovative and further reduce climate impacts.
Article 12
Committee
1. The Commission shall be assisted by the Committee established by Article 18 of Regulation (EC) No 2037/2000.
2. The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.
Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
3. The Committee shall adopt its rules of procedure.
Article 13
Penalties
1. Member States shall lay down the rules on penalties applicable to infringements of the provisions of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive.
2. Member States shall notify the rules on penalties to the Commission by 4 July 2008 and shall notify it without delay of any subsequent amendment affecting the application of those rules.
Article 14
Without prejudice to Article 9(3), Member States may maintain or introduce more stringent protective measures in accordance with the procedures laid down in Article 95 of the Treaty in relation to Articles 7, 8 and 9 of this Regulation, or in Article 176 of the Treaty in relation to other Articles of this Regulation.
Article 15
Entry into force
This Regulation shall enter into force on the twentieth day following its publication in the Official Journal of the European Union.
It shall apply from 4 July 2007, with the exception of Article 9 and Annex II, which shall apply from 4 July 2006.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Strasbourg, 17 May 2006.
For the European Parliament
The President
J. BORRELL FONTELLES
For the Council
The President
H. WINKLER
(1) OJ C 108, 30.4.2004, p. 62.
(2) Opinion of the European Parliament of 31 March 2004 (OJ C 103 E, 29.4.2004, p. 600), Council Common Position of 21 June 2005 (OJ C 183 E, 26.7.2005, p. 1) and Position of the European Parliament of 26 October 2005 (not yet published in the Official Journal). Legislative Resolution of the European Parliament of 6 April 2006 and Council Decision of 25 April 2006.
(3) Decision No 1600/2002/EC of the European Parliament and of the Council of 22 July 2002 laying down the Sixth Community Environment Action Programme (OJ L 242, 10.9.2002, p. 1).
(4) OJ L 33, 7.2.1994, p. 11.
(5) OJ L 130, 15.5.2002, p. 1.
(6) OJ L 194, 25.7.1975, p. 39. Directive as last amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1).
(7) OJ L 257, 10.10.1996, p. 26. Directive as last amended by Regulation (EC) No 166/2006 of the European Parliament and of the Council (OJ L 33, 4.2.2006, p. 1).
(8) OJ L 269, 21.10.2000, p. 34. Directive as last amended by Council Decision 2005/673/EC (OJ L 254, 30.9.2005, p. 69).
(9) OJ L 37, 13.2.2003, p. 24. Directive as amended by Directive 2003/108/EC (OJ L 345, 31.12.2003, p. 106).
(10) Not yet published in the Official Journal.
(11) See page 12 of this Official Journal.
(12) OJ L 184, 17.7.1999, p. 23.
(13) OJ L 244, 29.9.2000, p. 1. Regulation as last amended by Commission Regulation (EC) No 29/2006 (OJ L 6, 11.1.2006, p. 27).
(14) IPCC Third Assessment Report on Climate Change 2001. A Report of the Intergovernmental Panel on Climate Change (http://www.ipcc.ch/pub/reports.htm).
(15) For the calculation of the GWP of non-fluorinated greenhouse gases in preparations, the values published in the First IPCC Assessment Report apply; see J.T. Houghton, G.J. Jenkins, J.J. Ephraums (ed.), Climate Change, The IPCC Scientific Assessment, Cambridge University Press, Cambridge (UK) 1990.
(16) Directive 94/48/EC of the European Parliament and of the Council of 7 December 1994 amending for the 13th time Directive 76/769/EEC on the approximation of the laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of certain dangerous substances and preparations (OJ L 331, 21.12.1994, p. 7).
(17) Council Directive 67/548/EEC of 27 June 1967 on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances (OJ 196, 16.8.1967, p. 1). Directive as last amended by Commission Directive 2004/73/EC (OJ L 152, 30.4.2004, p. 1).
(18) Directive 1999/45/EC of the European Parliament and of the Council of 31 May 1999 concerning the approximation of the laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous preparations (OJ L 200, 30.7.1999, p. 1). Directive as last amended by Commission Directive 2006/8/EC (OJ L 19, 24.1.2006, p. 12).
(19) OJ L 42, 23.2.1970, p. 1. Directive as last amended by Directive 2005/64/EC of the European Parliament and of the Council (OJ L 310, 25.11.2005, p. 10).
(20) OJ L 204, 21.7.1998, p. 37. Directive as last amended by the 2003 Act of Accession.
ANNEX I
PART 1
Fluorinated greenhouse gases referred to in Article 2(1)
Fluorinated greenhouse gas
Chemical formula
Global warming potential (GWP)
Sulphur hexafluoride
SF6
22 200
Hydrofluorocarbons (HFCs):
HFC-23
CHF3
12 000
HFC-32
CH2F2
550
HFC-41
CH3F
97
HFC-43-10mee
C5H2F10
1 500
HFC-125
C2HF5
3 400
HFC-134
C2H2F4
1 100
HFC-134a
CH2FCF3
1 300
HFC-152a
C2H4F2
120
HFC-143
C2H3F3
330
HFC-143a
C2H3F3
4 300
HFC-227ea
C3HF7
3 500
HFC-236cb
CH2FCF2CF3
1 300
HFC-236ea
CHF2CHFCF3
1 200
HFC-236fa
C3H2F6
9 400
HFC-245ca
C3H3F5
640
HFC-245fa
CHF2CH2CF3
950
HFC-365mfc
CF3CH2CF2CH3
890
Perfluorocarbons (PFCs):
Perfluoromethane
CF4
5 700
Perfluoroethane
C2F6
11 900
Perfluoropropane
C3F8
8 600
Perfluorobutane
C4F10
8 600
Perfluoropentane
C5F12
8 900
Perfluorohexane
C6F14
9 000
Perfluorocyclobutane
c-C4F8
10 000
PART 2
Method of calculating the total global warming potential (GWP) for a preparation
The total GWP for a preparation is a weighted average, derived from the sum of the weight fractions of the individual substances multiplied by their GWPs.
Σ (Substance X % × GWP) + (Substance Y % × GWP) + … (Substance N % × GWP)
where % is the contribution by weight with a weight tolerance of +/- 1 %.
For example, applying the formula to a theoretical blend of gases consisting of 23 % HFC-32, 25 % HFC-125 and 52 % HFC-134a, the result would be:
Σ (23 % × 550) + (25 % × 3 400) + (52 % × 1 300)
→ Total GWP = 1 652,5.
ANNEX II
Placing on the market prohibitions pursuant to Article 9
Fluorinated greenhouse gases
Products and equipment
Date of prohibition
Fluorinated greenhouse gases
Non-refillable containers
4 July 2007
Hydrofluorocarbons and perfluorocarbons
Non-confined direct evaporation systems that contain refrigerants
4 July 2007
Perfluorocarbons
Fire protection systems and fire extinguishers
4 July 2007
Fluorinated greenhouse gases
Windows for domestic use
4 July 2007
Fluorinated greenhouse gases
Other windows
4 July 2008
Fluorinated greenhouse gases
Footwear
4 July 2006
Fluorinated greenhouse gases
Tyres
4 July 2007
Fluorinated greenhouse gases
One-component foams, except when required to meet national safety standards
4 July 2008
Hydrofluorocarbons
Novelty aerosols
4 July 2009