Regulatory Affairs Directorate
Market Surveillance Directorate

Fluorinated Greenhouse Gases Notice in relation to Regulation (EU) 517/2014 on fluorinated greenhouse gases

Attention:

This press release concerns companies importing equipment (including products) containing the gases listed in Annexes I and II to the Regulation (EU) No 517/2014 on fluorinated greenhouse gases. This includes importers of refrigeration, air conditioning and heatpump equipment (Regulation can be found in the following link: http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32014R0517&from=HR).

Obligations:

  1. 1.       Registration obligation and Authorisation Process

According to Article 14 ‘Pre-charging of equipment with hydrofluorocarbons’ of Regulation (EU) No 517/2014 on fluorinated greenhouse gases:

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.”

Hence importers of equipment that is pre-charged or contain fluorinated greenhouse gases are required to register in the HFC registry and purchase an authorisation before the implementation of Article 14 (2017).

The European Commission has released a guidance document for importers of refrigeration, air conditioning and heatpump equipment explaining how they can comply with the HFC phase-down from 1 January 2017. This guidance document can be found in the following link: http://ec.europa.eu/clima/policies/f-gas/docs/guidance_equipment_importers_en.pdf.

 1.2      Reporting Obligations

 The Regulation (EU) No 517/2014 on fluorinated greenhouse gases requires companies to report on production, import, export, feedstock use and destruction of fluorinated greenhouse gases and other greenhouse gases that contain fluorine. Article 19 of the Regulation defines activity thresholds for the reporting obligation. Each company that exceeds the thresholds during the preceding calendar year must submit a report by 31 March every year.

2.1 Reporting Obligations for importers of equipment/products containing fluorinated greenhouse gases

According to Article 19 “Reporting on production, import, export, feedstock use and destruction of the substances listed in Annexes I or II” of Regulation (EU) No 517/2014 on fluorinated greenhouse gases:

By 31 March 2015 and every year thereafter, each undertaking that placed 500 tonnes of CO2 equivalent or more of fluorinated greenhouse gases and gases listed in Annex II contained in products or equipment on the market 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.

Hence companies that placed on the EU market 500 tonnes of CO2 equivalent or more of reportable gases contained in imported products or equipment where the gases had not been placed on the market previously. Note that placing on the EU market may take place in a year subsequent to the import year.

 2.2  Other Mandatory Reporting Obligations

 The following also have a reporting obligation to the European Commission:

1. producers, importers and exporters that produced, imported or exported one metric tonne or 100 tonnes of CO2 equivalent or more of reportable gases. The reportable quantity of gases imported or exported covers bulk shipments, including gases shipped with equipment for the purpose of charging that equipment.

2. companies that destroyed 1 metric tonne or 1 000 tonnes of CO2 equivalent or more of reportable gases;

3. company that used 1 000 tonnes of CO2 equivalent or more of reportable gases as feedstock;

2.3 How to Report

The reporting format is established by the Commission Implementing Regulation (EU) No 1191/2014 (link: http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32014R1191&from=EN ).

The EU Commission has issued a guidance document on the reporting obligation on the following link: http://ec.europa.eu/clima/policies/f-gas/docs/faq_reporting_en.pdf. Further guidance and a manual on how to conduct the reporting obligation is provided online in the help section of the BDR at: https://bdr.eionet.europa.eu/help.

Companies must submit their reports using the electronic reporting tool provided by the European Environmental Agency (EEA), accessible from the website of the European Commission (http://ec.europa.eu/clima/policies/f-gas/index_en.htm).