Regulation on fluorinated greenhouse gases

1. Adopted by / date / implementation date.

EU / April 2014 / January 2015

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2. Type of legislation

European Union regulation directly applicable by all EU member states in accordance with the principle of subsidiarity.

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3. General objective

  • Gradual limitation (phase down) of the quantities of hydrofluorocarbons (HFCs) available on the market.
  • Bans on use and placing on the market (If no more climate-friendly alternatives can be used.)
  • Regulations on leak testing, certification, disposal and labeling.

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4. Sections relevant to substitution

Chapter I: General provisions

Article 2 + Annex I

Definitions

In Annex I of the text of the law, with reference to Article 2, a list is given of the partially fluorinated hydrocarbons (HFC) and perfluorinated hydrocarbons (PFC) considered in the text, as well as sulfur hexafluoride as another perfluorinated compound.

Chapter III: Placing on the market and control of use

Article 11 + Annex III

Restrictions on the placing on the market

1. The placing on the market of products and equipment listed in Annex III, with an exemption for 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.

6. The Commission shall collect, on the basis of available data from Member States, information 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. […]

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. […]

2. The use of sulphur hexafluoride to fill vehicle tyres shall be prohibited.

3. […] 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.. […]

(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 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).

Chapter IV: Reduction of the quantity of hydrofluorocarbons placed on the market

Article 15

Reduction of the quantity of hydrofluorocarbons placed on the market

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 hydrofluorcarbons 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 for use in military equipment;

(e) hydrofluorocarbons supplied directly by a producer or an importer to an undertaking using it for the etching of semiconductor material or the cleaning of chemicals vapour deposition chambers within the semiconductor manufacturing sector;

(f) from 1 January 2018 onwards, hydrofluorocarbons supplied directly by a producer or an importer to an undertaking producing metered dose inhalers for the delivery of pharmaceutical ingredients..

Article 16

Allocation of quotas for placing hydrofluorocarbons on the market

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 hydrofluorocarbons on the market in the following year.

The declaration shall be addressed to the Commission, specifying the types of hydrofluorocarbons and the quantities that are expected to be placed on the market.

The Commission shall issue a notice of the time-limit for submitting those declarations. Before submitting a declaration pursuant to paragraphs 2 and 4 of this Article, undertakings shall register in the registry provided for in Article 17.

Chapter V: Reporting

Article 19 + Annex I / II

Reporting on production, import, export, feedstock use and destruction of substances listed in Annex I or II

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5. Assessment of relevance for substitution

The European Regulation on Fluorinated Greenhouse Gases ("F-Gases") aims to gradually limit the availability of partially fluorinated greenhouse gases on the market by 2030. The aim is to create incentives for the use of alternatives. The aim is to reduce emissions of these gases in the industrial sector by 70% compared with 1990, to a level of 35 million metric tons of CO2 equivalent.

Article 13 of the Regulation regulates the prohibitions on the use and placing on the market of F-gases. In addition to the use of sulfur hexafluoride for magnesium die-casting and certain refrigeration equipment, products and equipment are also banned under Article 11 (1) in conjunction with Annex III.

The "phase down" procedure, which is regulated in Article 16, runs through a quota system that considers "historical" and "new" market participants for F-gases separately.

In addition, F-gases that are still in use will be subject to more stringent regulation. This is to be achieved through operator obligations such as an emission reduction obligation, a recovery obligation, a recording obligation and others.

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6. Link to the text of the law

EU-Regulation on fluorinated gases

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7. Further information

Federal Environment Agency of Germany report: EU regulation on fluorinated greenhouse gases:
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The European Commission provides summaries on the fluorinated gases regulation on its website and also offers support for the implementation of the regulation's objectives. Materials, studies and a compact explanation of the quota regulations are provided. In addition, studies on climate-friendly alternatives that can be used instead of F-gases are provided, as well as references to possible contacts.
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Further legal requirements for the use of halogenated hydrocarbons in Germany:
The 2nd BImSchV regulates the requirements that allow the operation of plants for the surface treatment of textiles or objects as well as for extractions with volatile halogenated hydrocarbons and/or volatile halogenated organic compounds in Germany:
to the legislation

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