Proposed EU Fluorinated Gases Regulation

11th August 2003

General

• Regulation not a Directive– Directly applicable to Member States

• Legal Basis– Article 95 of the EC Treaty (internal

market)• Outcome

– Reduce emissions by 23 MMTCO2 eqv by 2010

Timeline

AUG SEPT OCT MARDEC FEB MAY JUNE JULYAPRJAN 2004

NOV

RAPPORTEUR APPOINTED

PROPOSAL ADOPTED

2ND READINGSTARTS IN EP

COUNCILSTARTS

CONSIDERATIONCOMM

AMEND PROPOSAL

INTER-SERVICE CONSULTATION

START IRISH PRESIDENCY

START DUTCH

PRESIDENCY

June -JULY 2003

START ITALIAN PRESIDENCY 1st COMMITTEE

DISCUSSION/draft report

COMMITTEE VOTE

POSS POL AGREECOUNCIL

EP ELECTIONS

Article 1: Scope

• ‘The Regulation shall apply to the containment, the use, placing on the market of the fluorinated greenhouse gases hydrofluorocarbons, perfluorocarbons and sulphur hexafluoride, and to the reporting of information on those gases.’

Article 2: Definitions

• “Enhanced HFC-134a air conditioner” means an air conditioner containing fluorinated gases with a global warming potential higher than 150where the rate of leakage is verified as being less than 20 grams of fluorinated gases with a global warming potential higher than 150 per year for a single evaporator system, or less than 25 grams of fluorinated gases with a global warming potential higher than 150 per year for a dual evaporator system, and where the system will not require refilling for at least 12 years;

• “Novelty aerosols” means those aerosol generators listed in the Annex to Directive 94/48/EC.

Article 3: Containment

• Duty to prevent and minimise leakage• Mandatory inspections for leakage

• 3 – 30kg - Once per year• 30 – 300kg - 4 times per year• >300kg - Monthly

• Leakage detection systems• Required for all systems with charge >300kg

• Maintenance of records• All systems containing >3kg

Article 4: Recovery

• Compulsory from the cooling circuits of all refrigeration, air-conditioning and heat pump equipment, from equipment containing solvents, from fire protection systems and fire extinguishers and from high voltage switch gear. Also from refillable containers.

• Also ‘shall be done if it is technically feasible and cost-effective to do so ’ from all other products and equipment.

Article 5: Training and Certification programmes

• Member States will be required to establish programmes to provide for the training and certification of personnel involved in making inspections for leakage, and for those involved in the recovery, recycling, reclamation and destruction of fluorinated gases.

• Mutual recognition between Member States.

Article 6: Reporting

• Covers Producers, Importers and Exporters• For quantities >1 tonne per annum

– Total production/import/export by gas– For production and imports: Applications in

which it is used as well as estimated emissions– Quantities recovered, recycled and destroyed

• Format of reporting to be determined within 1 year.

• Confidentiality of data

Article 7: Control of use Fluorinated gas Application Date of

prohibition

Sulphur hexafluoride

Magnesium die-casting, where quantity >500kg/yr

1 January 2007

Fluorinated gases with a global warming potential higher than 150

Air conditioning in passenger cars and light commercial vehicles

1 January 2009 – 31 December

2013*

Sulphur hexafluoride

Vehicle tyres Entry into force of regulation

* Progressive controls on placing on the market applicable in accordance with Article 10.

Article 8 and Annex II: Placing on the market

(1)Fluorinated gas Application Date of prohibition

Fluorinated gases with a global warming potential higher than 150

Air conditioning in passenger cars and light commercial vehicles

1 January 2009 – 31 December 2013*

Sulphur hexafluoride, hydrofluorocarbons and perfluorocarbons

Non-refillable containers, except for laboratory and analytical use and metered dose inhalers

One year after the date of entry into force

Hydrofluorocarbons and perfluorocarbons

Refrigerants in non-confined direct-evaporation systems

Date of entry into force

Perfluorocarbons Fire protection systems and fire extinguishers

Date of entry into force

* Progressive controls on placing on the market applicable in accordance with Article 10.

Article 8 and Annex II: Placing on the market

(2)Fluorinated gas Application Date of

prohibition

Sulphur hexafluoride, hydrofluorocarbons and perfluorocarbons

Windows Two years after the date of entry into force

Sulphur hexafluoride Footwear Date of entry into force

Hydrofluorocarbons One component foams, except when required to meet national safety standards

One year after the entry into force

Hydrofluorocarbons Novelty aerosols Three years after the entry into force

Hydrofluorocarbons and perfluorocarbons

Footwear 1 July 2006

Article 9 : Air-conditioning systems in

new vehicles • From 1 January 2005: Leakage rate for

new vehicles with Fluorinated gas of GWP>150 must not exceed 40 grams/year for single evaporator and 50 grams for dual evaporator.

• Placing on market of new vehicles with air-conditioning system containing Fluorinated gas with GWP>150 is prohibited except as under Article 10 (Quota).

Article 10: Quotas (1)

• Quota allocated for placing on the market of vehicles with A/C containing gas GWP>150

• Changing % allocation and base year!!Year Quota Base Year

2009 80% 2007

2010 60% 2008

2011 40% 2009

2012 20% 2010

2013 10% 2011

Article 10: Quotas (2)

• Additional quotas• Equal to number of vehicles with GWP<150

placed on market• Equal to half number of vehicles with enhanced

134a placed on market

• Penalties• Lose 2 quota ‘units’ for each vehicle over quota• €200/vehicle over quota in period 2009-13

• Quotas can be used until 31 December 2018

Article 11: Review

• Commission to review and report to Parliament and Council by 31 December 2005 on MAC only

• Commission to review and report to EP and Council 5 years after entry into force including:

• Impact on emissions and cost-effectiveness• Training and certification• Need for EU standards (including equipment design)• Need for notes on emission prevention and minimisation• Summary on technology development, environmental

requirements and internal market

• Both reports to include legislative proposals

Article 12: Management committee

• Commission to be assisted by Management Committee established under Ozone Regulation 2037/2000

Article 13: Sanctions

• Rules on sanctions for infringements set by Member States and notified to Commission within 1 year of entry into force