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New Regulation on emissions of fluorinated greenhouse gases [EU]
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- #greenhouse gas (GHG)
Regulation (EU) No 517/2014 of 16 April 2014 aims to cut by 2030 the EU’s emissions of fluorinated greenhouse gases (F-gases) by two-thirds compared with 2014 levels. The new Regulation shall repeal, with effect from 1 July 2015, Regulation (EC) No 842/2006 of 17 May 2006 on certain F-gases. A notice addressed to producers and importers of hydrofluorocarbons and to new undertakings intending to place at least 100 tonnes of CO2 equivalent of hydrofluorocarbons on the EU market in 2015 and later years explains the procedure to be followed for the allocation of quotas by the European Commission (EC). The notice mainly specifies that undertakings must register in the registry, using a form available on the EC website, at the latest by 1 July 2014.
Regulation (EU) No 517/2014 aims to establish rules and quantitative limits and to impose conditions in relation to F-gases, with the final view to protect the environment by reducing the emissions of such gases.
Similarly to Regulation (EC) No 842/2006, the new Regulation (EU) No 517/2014 mainly establishes provisions in relation to containment of F-gases (Chapter II) and placing on the market and control of the use of F-gases (Chapter IV). Thus, operators of equipment that contains F-gases are mainly required “to take all measures which are technically and economically feasible to minimise leakage of fluorinated greenhouse gases” (Article 3). As regards leak checks, “operators of equipment that contains fluorinated greenhouse gases in quantities of 5 tonnes of CO2 equivalent or more and not contained in foams shall ensure that the equipment is checked for leaks” (Article 4(1)). However, a derogation from this requirement is established, which provides that, “until 31 December 2016, equipment that contains less than 3 kg of fluorinated greenhouse gases or hermetically sealed equipment, which is labelled accordingly and contains less than 6 kg of fluorinated greenhouse gases shall not be subject to leak checks”. Furthermore, hermetically sealed equipment that contains fluorinated greenhouse gases in quantities of less than 10 tonnes of CO2 equivalent as well as electrical switchgear shall not be subject to leak checks, provided that the conditions set out in subparagraphs 2 and 3 of Article 4(1) are met. Provisions in relation to the frequency with which the leak checks must be carried out are set out in Article 4(3). Furthermore, the obligation to provide equipment containing F-gases with leakage detection systems is established in Article 4. The provisions in relation to this obligation as well as to inspections of leakage detection systems depend on the type of equipment concerned. As regards record keeping, operators of equipment which is subject to leak checks must establish and maintain records for each piece of such equipment specifying the information listed in Article 6. To note, Article 7(2) provides that “greenhouse gases and gases listed in Annex II shall be prohibited unless, where relevant, producers or importers provide evidence, at the time of such placing, that trifluoromethane, produced as a by-product during the manufacturing process, including during the manufacturing of feedstocks for their production, has been destroyed or recovered for subsequent use, in line with best available techniques. This requirement shall apply from 11 June 2015“. Operators of stationary equipment or of refrigeration units of refrigerated trucks and trailers that contain F-gases not contained in foams must ensure that the recovery of those gases is carried out by natural persons holding the relevant certificates, so that those gases are recycled, reclaimed or destroyed. This obligation applies to the types of equipment listed in Article 8(1). As regards training and certification, Member States must ensure that training is available for natural persons responsible for the installation, servicing, maintenance, repair, decommissioning and leak checks of certain types of equipment containing F-gases and for recovery of F-gases (Article 10). Furthermore, Regulation (EU) No 517/2014 provides that “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” (Article 11(1)). To note, the prohibition mentioned above “shall not apply to equipment for which it has been established in ecodesign requirements adopted under Directive 2009/125/EC that due to higher energy efficiency during its operation, its lifecycle CO2 equivalent emissions would be lower than those of equivalent equipment which meets relevant ecodesign requirements and does not contain hydrofluorocarbons” (Article 11(2)). The prohibition to use sulphur hexafluoride in certain equipment and F-gases with a global warming potential of 2 500 or more, as well as the dates of applicability of those prohibitions, are established in Article 13. Finally, provisions in relation to the reduction of the quantity of hydrofluorocarbons placed on the market and the reporting on production, import, export, feedstock use and destruction of the F-gases listed in Annexes I or II are set out in Chapter IV and V, respectively. To note, provisions concerning the allocation of quotas for placing hydrofluorocarbons on the market are established in Article 16. Regulation (EU) No 517/2014 shall apply from 1 January 2015. To note, the notice addressed to producers and importers of hydrofluorocarbons and to new undertakings intending to place at least 100 tonnes of CO2 equivalent of hydrofluorocarbons on the European Union (EU) market in 2015 and later years explains the procedure to be followed for the allocation of quotas by the EC. The notice explains the procedure that applies to producers and importers which have reported in compliance with Regulation (EC) No 842/2006 to have placed more than 1 metric tonne of hydrofluorocarbons on the EU market from 2009 to 2012, as well as the procedure that applies to producers and importers which have not made such reporting. The notice mainly specifies that undertakings must register in the registry at the latest by 1 July 2014. The registration form is available on the website of the EC. As a reminder, on 13 May 2014, the EC announced the launch of the second phase (2014-2020) of the Sustainable Industry Low Carbon II (SILC II) initiative and of the call for SILC II proposals which will be open until 2 September 2014. The SILC II initiative, funded under Horizon 2020, aims to achieve significant greenhouse gas emission (GHG) reductions in European Union (EU) industry by funding projects which develop low-carbon technology solutions.Sources :
- Regulation (EU) No 517/2014 of the European Parliament and of the Council of 16 April 2014 on fluorinated greenhouse gases and repealing Regulation (EC) No 842/2006, OJEU L 150 of 20 May 2014, p. 195–230
- Notice to producers and importers of hydrofluorocarbons and to new undertakings intending to place hydrofluorocarbons in bulk on the market in the European Union in 2015, OJEU C 153 of 21 May 2014, p. 19-20