Definition

“Fluorinated greenhouse gases” (also known as F-gases) are man-made chemicals defined as molecules containing fluorine and are used in industrial and also commercial settings. They were first introduced to replace ozone-depleting substances as they did not affect the ozone layer but was later found they induce a significant greenhouse effect.

The greenhouse effect is determined by their global warming potential (GWP) which is the potential of a greenhouse gas relative to that of carbon dioxide (CO₂).

Applicable Regulations

Fluorinated greenhouse gases, as from 1 January 2015, are regulated by the F-gas Regulation (517/2014/EU) which was nationally implemented by means of L.N. 143 of 2018.

On 11 March 2024, the new F-gas Regulation (EU) 2024/573 entered into force.

Aim of the Regulations

The aim of the relevant regulations is to safeguard the environment by reducing the emissions of fluorinated greenhouse gases through the imposition of rules and conditions on the marketing of F-gases.

What is the F-gas Regulation?

The F-gas regulation objective is to reduce the amount of F-gases measured in tonne(s) of CO₂ equivalent placed on the market by producers and importers through quota allocations. The reduction started in 2015, and the amount of F-gases is further diminished on a regular basis until 2030. The ban of fluorinated greenhouse gases with a large GWP will also take place at established dates in this timeframe.

The regulation also establishes the requirement of certification programmes for personnel involved in the handling of F-gases. Thus, processes relating to F-gases are made more efficient to limit the unnecessary emissions of F-gases.

What is an F-gas?

According to the regulation, a fluorinated greenhouse gas: “means the hydrofluorocarbons, perfluorocarbons, sulphur hexafluoride and other greenhouse gases that contain fluorine, listed in Annex I, or mixtures containing any of those substances;”

Thus, any substance or mixture that contain fluorine and exerts a greenhouse effect are considered as F-gases. The list of F-gases currently placed on the market is found in Annex I of the F-gas regulation in force found in this link.

As an Undertaking of F-gases and Pre-charged Products, what are my Obligations under the F-gas regulation?

According to the Regulation, an undertaking is someone who is either a producer, importer, exporter, places on the market or operators involved with installation and up keeping of pre-charged products or responsible for the F-gas after its life cycle such as recycling (See Article 2(30) for the official definition).

As a producer of F-gases, your obligations include taking measurements to reduce and limit as much as possible the emissions of F-gases during production, transport and storage. This obligation also applies to producers which produce F-gases as by-products. Producers should take notice of restrictions on the placing on the market already in place of certain F-gases and any upcoming restriction with respect to Annex IV. These obligations must be respected in accordance with Articles 4 and 11.

Producers are required to register to an electronic registry for quotas for placing of F-gases on the market known as the HFC registry. This registration is mandatory for producers to be allocated a quota in accordance to Article 17.

It is also important for producers to make sure that quantity of F-gases placed on the market shall not exceed their allotted quota allocated by the Commission in accordance to Article 16.

As a producer of pre-charged equipment, the obligations to register to the HFC registry and assurance that the quota is not exceeded also applies. More information on placing on the market products or equipment pre-charge with hydrofluorocarbons can be found in Article 19.

The pre-charged product must be properly labelled, stating that the product contains F-gases, the industrial or chemical name of the F-gas and the quantity of F-gas expressed in CO₂ equivalent.

In addition, precautions shall be taken to reduce leakage of F-gases from products by making necessary checks and also installing leakage detection systems. Leak checks are required to be documented and recorded. The records shall contain the relevant information stated in Article 7 and are to be kept for at least 5 years.

Both producers of F-gases and pre-charged products which contain substances from Annex I and II are required to report to the Commission annually in accordance to Article 19.

Operators involved in the installation and up keeping/decommissioning, leak checking of pre-charged equipment or recovery F-gases are required to be in the possession of a certificate issued by the competent authority that they trained to the Commission’s standard. Training programmes are offered by MCAST and Jobsplus.

As an Operator, is the Certificate the only requirement to work with F-gases?

No, operators must be also in the possession of an F-gas card only issued by the Malta Competition and Consumer Affairs Authority.

After the 12^th March 2027 the F-gas card will expire every 7 years after the date of issue. Certificate holders will then need to attend a refresher course to obtain another F-gas card and certificate. Depending on the training programme followed, the F-gas card is issued in several categories (categories 1-4 and HVAC). These categories impose limits to what the activities relating to F-gases and pre-charged equipment the operators are able to perform. More information on the various categories can be found in this link and in this link.

List of technicians in possession of an MCCAA F-gas card

List of companies in possession of an MCCAA F-gas card

Bulk Gas Distributors

As per Regulation 2024/573 ‘fluorinated greenhouse gases shall only be sold to and purchased by undertakings that hold the relevant certificates or attestations in accordance with Article 11(6) or undertakings that employ persons holding a certificate or a training attestation in accordance with Article 10(1).’

A list of valid F-gas cards for technicians can be found here and a list of valid F-gas cards for companies can be found here. 

F-gas Distributors must keep a record of all F-gas sold using the template found here and shall make it available to Market Surveillance upon request.

Record Keeping

All operators need to ensure compliance with the F-gas Regulation 2024/573 in terms of record keeping (Article 6). 

1. A full list of personnel handling F-gases (i.e. gases used for refrigeration systems) in accordance with Article 10 of EC Regulation 517/2014.
2. Copies of records must be kept for fluorinated greenhouse gases handled in accordance to Article 7 of the F-gas Regulation 2024/573. A template for guidance purposes is available here.
3. Proof/(Receipt) of methods of recovery/disposal in accordance to Article 8 of the F-gas Regulation 2024/573. 

What are Quota Allocations and Quota Authorisation?

The Quota allocation process is started with the determination of a reference value by the Commission. The Commission shall determine those reference values for all producers and importers that placed on the market hydrofluorocarbons during the previous 3 years, by means of an implementing act that determines references values for all producers and importers. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 34(2).

The quota allocations shall be subject to the payment of the amount due which equals EUR 3 for each tonne of CO2 equivalent of quota to be allocated. Producers and importers shall be notified via the F-gas Portal of the total amount due for their calculated maximum quota allocation for the following calendar year and of the deadline for completing the payment. The Commission may, by means of implementing acts, determine the detailed arrangements for the payment of the amount due.

Until 31 December 2027, the Commission shall redistribute the quota for which a payment has not been made by the set deadline, free of charge, to only those producers and importers that have paid the total amount due for their calculated maximum quota allocation referred to in the first subparagraph and that have made a declaration as referred to in paragraph 3. That redistribution shall be made on the basis of each producer’s or importer's share of the sum of all the maximum calculated quota offered to and paid for in full by those producers and importers. From 1 January 2028, the quota for which a payment has not been made by the set deadline shall be cancelled.  In the case of importation of pre-charged equipment, a quota authorisation is required. Authorisation is basically an agreement between a quota holder and an undertaking where a portion of the quota is entrusted to the undertaking without effecting the quota reserve. An online process for transferring of quotas from one undertaking to another undertaking is also available. One should note that quota and quota authorisation are only needed when the total F-gas importation exceeds more than 10t of CO2 equivalent. Registration and declaration for both must be made online in the F-gas portal and HFC licensing system and apply by the deadline published by the Official journal of the European Union each year. Undertakings whom exceed their quota allocations are subjected to a quota reduction in the subsequent years and a penalty based on the amount exceeded. Further penalties based on national law may be issued as well.

What is the HFC Registry?

The HFC registry is an online registry which is used to track quotas of the undertakings, transfers of quota and also quota authorisation. Official guides to help undertakings will be published by the Commission in the coming months and will be updated on this website accordingly.

What should be reported to the Commission?

More information on how to report and what information should be included is found in this link.

Verification reports 

Manufacturers and importers of fluorinated greenhouse gases (F-gases), refrigeration and air-conditioning equipment, heat pumps, and metered dose inhalers containing F-gases of the below requirements under the New F-gas Regulation (Regulation (EU) 2024/573), must have their reports verified by an independent auditor.

Independent auditors who issue verification reports in accordance with the New F-gas Regulation for manufacturers and importers of the aforementioned goods from non-EU countries must be registered on the F-gas Portal (https://climate.ec.europa.eu/eu-action/fluorinated-greenhouse-gases/f-gas-portal_en). These auditors must verify the accuracy of documentation, the declaration of conformity, and the veracity of their reports as specified in Article 26(7) of Regulation (EU) 2024/573. Manufacturers and importers must comply with these requirements, including that they have verification reports issued by an independent auditor registered on the F-gas Portal, by April 30, 2025, and annually thereafter.

Further information about the role of independent auditors in respect of F-gases can be found here: https://eur-lex.europa.eu/eli/reg/2024/573/oj. Guidelines on how to register on the F-gas Portal are available here: https://climate.ec.europa.eu/eu-action/fluorinated-greenhouse-gases/f-gas-portal_en.

As an Undertaking, how will Brexit affect me?

From 31 October 2020, the United Kingdom is expected to be considered a “third country” by the European Union, unless another extension is agreed upon. For information on the effects of the withdrawal on the market is found here.

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