EN    EN 
 EUROPEAN 
COMMISSION  
Brussels, 7.11.2012  
COM(2012) 643 final 
2012/0305 (COD) 
  
Proposal for a 
REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 
on fluorinated greenhouse gases 
(Text with EEA relevance) 
{SWD(2012) 363 final} 
{SWD(2012) 364 final}  
Ref. Ares(2013)106092 - 29/01/2013EN 2   EN EXPLANATORY MEMORANDUM  
1. CONTEXT  OF THE  PROPOSAL 
Problem description and objectives 
The international scientific consensus calls for limiting the global temperature increase to 2 ˚C 
to prevent undesirable climate effects1. In respect of this objective, the European Council has 
called for a reduction of greenhouse gas emissions in the EU by 80-95  % by 2050 compared to 
levels in 1990 in the context of similar action by developed countries. The EU Low Carbon 
Economy Roadmap2 shows that, in order to achieve this  objective at the lowest cost, all 
sectors and greenhouse gases must contribute  including fluorinated greenhouse gases (F-
gases) whose warming potential  can be up to 23,000 times more  potent than carbon dioxide 
(CO 2).  
In September 2011 the Commission published a report3 on the application of Regulation (EC) 
No 842/20064. It concluded that the Re gulation could deliver sign ificant emission reductions 
if it was further improved and fu lly applied. It also stated that more needed to be done to 
further reduce F-gas emissions in the EU. By ensuring that F-gases are replaced by safe 
alternatives with no or a lower impact on th e climate, yearly emissions expressed in CO 2 
equivalent could be cut by two-th irds by 2030 at relatively low cost5.  
Clearly early action to exploit relatively ch eap abatement options for F-gases will avoid 
potentially higher costs associated with th e reduction of other greenhouse gases in other 
industrial sectors6. However, some stakeholders7 have stated that it is difficult to market 
"greener" alternative technologi es under prevailing market conditions. In Denmark on the 
other hand, where stricter na tional rules on F-gases appl y, start-ups and SMEs have 
successfully innovated and marketed new green technologies, turning them into market 
leaders.  
In this context, this proposal aims to 
(1) replace Regulation (EC) No 842/2006 on cer tain fluorinated greenhouse gases in 
order to ensure a more cost-efficient c ontribution to achieving the EU’s climate 
objectives by discouraging the use of F-gase s with a high impact on the climate in 
favour of energy-efficient and safe a lternatives, and further improving the 
                                                 
1 Intergovernmental Panel on Climate Change (IPCC), ‘Contribution of Working Group III to the Fourth 
Assessment Report of the Intergovernmental Panel on Climate Change, 2007’. www.ipcc.ch/publications_and_d ata/ar4/wg3/en/contents.html
. 
2 'A roadmap for moving to a competitive low carbon economy in 2050',  COM (2011)112. 
 eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:52011DC0112:EN:NOT   
3 Report from the Commission on the application, effects and adequacy of the Regulation on certain 
fluorinated greenhouse gases (Regulation (EC) No 842 /2006), COM(2011) 581 final . 
4 Regulation (EC) No 842/2006 of the European Parliament and of the Council of 17 May 2006 on 
certain fluorinated greenhouse gases, OJ L 161, 14.6.2006, p. 1. 
5 Schwarz et al., 2011,‘Preparatory study for a review of Regulation (EC) No 842/2006 on certain 
fluorinated greenhouse gases’, Öko-Recherche et al. 
6 For perspective, the cost-effici ent, yearly F-Gas emission reductions possible by 2030 correspond 
roughly to what the industries covered by the EU's Emission Trading System (ETS) must currently reduce over two years. 
7 "How to bring natural refrigerants faster to market", Summary report of ATMOsphere 2010, 
International workshop on natural refrigerants. EN 3   EN containment and end-of-life treatment of  products and equipment that contain F-
gases; 
(2) enhance sustainable growth, stimulate innovation and deve lop green technologies by 
improving market opportunities for alternat ive technologies and gases with a low 
impact on the climate; 
(3) bring the EU into line with the latest scientific findings at international level, as 
described in the Fourth Assessment Report of  the UN’s IPCC, e.g. with regard to the 
substances covered by this regulation a nd the calculation of their global warming 
potential (GWP); 
(4) help to bring about a consensus on an international agreement to phase down 
hydrofluorocarbons (HFCs), the most releva nt group of F-gases, under the Montreal 
Protocol; 
(5) simplify and clarify Regulation (EC) No 842/2006 to reduce administrative burden in 
line with the Commission’s commitment to better regulation. 
Background 
According to the cost-effective pathway to decarbonise the EU economy, emissions of F-
gases should be reduced in the order of 70-78% by 2050 and by 72-73% by 2030 at a marginal abatement cost of approximately €50 per tonne CO
2 equivalent.2 In total, F-gases 
account for 2% of all greenhouse gases in th e EU today but have a much more potent 
atmospheric warming potential than CO 2. They are used in a variety of refrigeration and 
air-conditioning equipment, in insu lation foams and electrical equipment, in aerosol sprays, as 
solvents or in fire protection systems. Emi ssions occur mainly during emissive uses (of 
aerosol sprays or solvents for example) or due to leakage duri ng the operation and disposal of 
products and equipment that contain F-gases. 
Most F-gases have been developed by industr y to replace ozone-depleting substances (ODS) 
that are being phased out under th e Montreal Protocol. Due to greater wealth and population 
growth, more products and equipm ent that rely on F-gases or ODS  are sold. As a result, there 
has been a sharp increase worldwide in the production and use of F-gases since 1990 and will, 
if unaddressed, lead to consid erable emissions into the at mosphere. Since products and 
equipment that contain F-gases often have a long life, if no action is taken today, high 
emissions that could have been prevente d will continue for decades to come. 
The current F-Gas Regulation focuses mainly on  the containment and e nd-of-life processing 
of products and equipment that contain F-gases.  Current EU F-gas policies are expected to 
stabilise F-gas emissions in the EU, if shortcomi ngs in the application of  certain measures are 
rectified. However, it is unlikely that there will be a reduction of emissions in absolute terms unless additional measures are implemented.  
There are currently only a few measures in place to avoid the use of F-gases. Nevertheless, 
today it is possible, in almost all sectors in which F-gases are us ed, to fully or partially replace 
them with alternatives that ar e safe and at least as energy-efficient. Policy measures must, 
however, take into account the fact that the numerous types of products and equipment are 
concerned and that the technical feasibility a nd costs and benefits of replacing F-gases may 
depend on the size of the product or equi pment and on where it will be used. EN 4   EN Internationally, the growing problem of F-gas emissions is receiving attention. In 2009, 2010, 
2011 and 2012, several parties to the Montreal Protocol submitted proposals to phase down the supply and consumption of HFCs worldw ide. The envisaged measures under this 
Regulation would anticipate a global phase-down along the lin es of the current proposals 
under the Montreal Protocol and would thus prepare the EU for such future obligations. The 
EU has supported these proposals as a compleme nt to action to mitigate climate change under 
the United Nations Framework Convention on Climate Change  (UNFCCC)
8. Little progress 
has been made in the negotiations so far because China, India, Brazil and other countries have refused to discuss this issue under the Montr eal Protocol. However, the United Nations 
Conference on Sustainable Development (Rio+ 20) recently expressed support for a gradual 
phase-down of the consump tion and production of HFCs
9. 
In addition, the Climate and Clean Air Coalit ion to Reduce Short-Lived Climate Pollutants 
was established in 2012. The G8, the United Na tions Environmental Programme (UNEP), the 
World Bank and the European Commission have joined it. A priority area for action are 
emissions of HFCs10. The European Parliament has also re peatedly called for ambitious action 
on F-gases, in particular HFCs11. 
Current EU legislation on F-gases cons ists of two main legislative acts: 
(1) Regulation (EC) No 842/2006 focusing on preventing leakage during use 
(containment) and at the end of the life of (mostly) stationary equipment and on a 
limited number of F-gas bans on narrowly de fined niche applica tions (the F-Gas 
Regulation),  
(2) Directive 2006/40/EC of the European Pa rliament and of the Council introducing 
restrictions on the use of F- gases with global warming pot ential (GWP) of more than 
150 in the air-conditioning systems of new motor vehicles (the MAC Directive). 
Regulation (EC) No 842/2006 is complemented by ten Commission Regulations establishing 
the format for reports12, the form of labels and additional labelling requirements13, standard 
requirements for checking leakage14, 15, requirements for training and certification 
programmes16, 17, 18, 19, 20 and the format for notifying them21. 
                                                 
8 Council Conclusions of 10 October 2011 on Preparations for the 17th session of the Conference of the 
Parties (COP 17) to the United Nations Framework Convention on Climate Change (UNFCCC) and 7th session of the Meeting of the Parties to the Kyoto Protocol in Durban. 
9 http://www.uncsd2012.org /thefuturewewant.html . 
10 http://www.unep.org/CCAC/ . 
11 European Parliament Resolution of 14 September 2011, ‘A comprehensive approach to non-CO2 
climate-relevant anthropogenic emissions’, P7_TA-PROV(2011)0384 and European Parliament 
Resolution of 15 March 2012, ‘Competitive low carb on economy in 2050 — EP resolution on a 
roadmap for moving to a competitive low carbon economy in 2050’, P7_TA-PROV(2012)0086. 
12 Commission Regulation (EC) No 1 493/2007 of 17 December 2007, OJ  L 332, 18.12.2007, p. 7. 
13 Commission Regulation (EC) No 1 494/2007 of 17 December 2007, OJ  L 332, 18.12.2007, p. 25. 
14 Commission Regulation (EC) No 1 516/2007 of 19 December 2007, OJ  L 335, 20.12.2007, p. 10. 
15 Commission Regulation (EC) No 1 497/2007 of 18 December 2007, OJ  L 333, 19.12.2007, p. 4. 
16 Commission Regulation (EC) No 303/2008 of 2 April 2008, OJ L 92, 3.4.2008, p. 3. 
17 Commission Regulation (EC) No 304/2008 of 2 April 2008, OJ L 92, 3.4.2008, p. 12. 
18 Commission Regulation (EC) No 305/2008 of 2 April 2008, OJ L 92, 3.4.2008, p. 17. 
19 Commission Regulation (EC) No 306/2008 of 2 April 2008, OJ L 92, 3.4.2008, p. 21. 
20 Commission Regulation (EC) No 307/2008 of 2 April 2008, OJ L 92, 3.4.2008, p. 25. 
21 Commission Regulation (EC) No 308/2008 of 2 April 2008, OJ L 92, 3.4.2008, p. 28. EN 5   EN Consistency with other policies and objectives of the Union 
The right of the European Union to act in this  area is set out in Articles 191 and 192 of the 
Treaty on the Functioning of the European Union (TFEU). Article 191 explic itly refers to the 
objective of combating climate change as part of the EU’s environmen tal policy. Action in 
this area fully respects the principle of subsidiarity. Climate change is a cross-border issue on which EU-wide action is needed, in particular  since the EU has a common emission reduction 
target. 
The cost-efficient emission reductions planned are consistent with the pathway outlined in the 
2050 EU Low Carbon Roadmap. Support for new alternatives will help maintain the 
competitiveness of the European economy and suppor t green growth in particular, in line with 
the EU 2020 priority of sustainable growth
22. Measures to safeguard the interests of SMEs are 
introduced along ‘think small first’ lines23, while special attention is paid to impacts on energy 
efficiency to ensure consistenc y in line with work the EU has done to encourage ecodesign24 
and energy efficiency25. Finally, the proposal also aims to  simplify the legislation and keep 
administrative burden for public (EU or national)  authorities and comp anies to a minimum. 
2. RESULTS  OF CONSULTATIONS  WITH  THE  INTERESTED  PARTIES  AND  
IMPACT  ASSESSMENTS 
Consultation of interested parties a nd the collection and use of expertise 
The Commission has gathered extensive tec hnical advice from a number of expert 
studies26, 27, 28, 29 including a comprehensive preparatory study5 for the review of Regulation 
(EC) No 842/2006. A 47-member group of experts fr om the various industry sectors, Member 
States and NGOs was asked to provide guidance and technical input fo r this study. The Joint 
Research Centre (JRC) also did a macr o-economic analysis of policy options. 
The Commission carried out a broad consultati on with stakeholders, including a three-month 
public online consultation from 26 September to 19 December 2011 and an open hearing in 
Brussels on 13 February 2012. Three quarters of  the 261 stakeholders who replied in the 
online consultation were from industry. With re gard to the most adequate policy approaches 
in the absence of a worldwide phase-down of HFCs, less than 2  % of stakeholders replied ‘no 
further action’. The three most frequently chos en policy options were strengthening measures 
                                                 
22 http://ec.europa.eu/europe2020/priorities/sustainable-growth/index_en.htm . 
23 http://ec.europa.eu/enterprise/policies/sme/small-business-act/index_en.htm . 
24 http://ec.europa.eu/enterprise/policies/sustainable-business/ecodesign/index_en.htm . 
25 http://ec.europa.eu/energy/efficiency/index_en.htm . 
26 SKM Enviros, 2012, ‘Further Assessment of Policy Options for the Management and Destruction of 
Banks of ODS and F-Gases in the EU.’ http://ec.europa.eu/clima/policie s/ozone/research/docs/ods_f-
gas_destruction_report_2012_en.pdf . 
27 Becken et al., 2010. ‘Avoiding Fluorinated Greenhouse Gases — Prospects for Phasing Out’, 
Umweltbundesamt, Dessau, Germany. http://www.umweltbundesamt.de/ uba-info-medien-e/3977.html . 
28 UNEP Technology and Economic Assessment Pa nel (TEAP), Nairobi, 2009. ‘Assessment of 
Alternatives to HCFCs and HFCs and Update of the TEAP 2005 Supplement Report Data’, Montreal 
Protocol, Report of the UNEP Technology and Economic Assessment Panel . 
 http://ozone.unep.org/teap/Reports/TEAP_Reports/t eap-may-2009-decisionXX-8-task-force-report.pdf . 
29 Clodic et al., 2011, ‘1990 to 2010 Refrigerant Inventories for Europe — Previsions on banks and 
emissions from 2006 to 2030 for the European Union’, Armines/ERIE. 
 http://www.epeeglobal.org/re frigerants/F-Gas-review/ . EN 6   EN for containment and recovery, vo luntary agreements and quantit ative limits on placing HFCs 
on the EU market (phase-down). Many responde nts thought several policy measures were 
appropriate. 
The stakeholder hearing, attended by over 130 stak eholders, revealed that a large majority of 
industry preferred or could live with a phase-down of the supply of F-gases. This would give 
it some flexibility in cases wher e alternative technologies were no t yet considered  suitable. In 
contrast, they thought that bans on new equipm ent were too rigid or that they required a 
complex set of exemptions. For commercial user s of F-gas equipment, it was crucial that 
existing equipment would not become redundant . NGOs and stakeholders from industry who 
are working with alternative tec hnologies thought that it was essential to have bans with 
minor exemptions. They regarded a phase-down as  a complement to bans. A few stakeholders 
wanted to focus only on better appl ication of the Regulation. At th at stage, Member States had 
no official positions but indicated support fo r a phase-down. A network of Environmental 
Protection Agencies30 recommended combining a phase-d own mechanism with bans to 
reinforce the phase-down. 
Impact assessment 
The Commission did an impact assessment of  policy alternatives in terms of their 
effectiveness in achieving the po licy objectives and th eir environmental, economic and social 
impacts on stakeholders. A wide range of polic y measures to complement existing measures 
were considered. The final options contained only measures that were shown to deliver 
substantial emission savings at low abatement costs and to be consistent with other EU 
policies. 
Full application of the F-Gas Regulation was set as the baseline option. Four other policy 
options were assessed in detail: 
(a) Voluntary agreements; 
(b) Extended scope for containmen t and recovery measures; 
(c) Quantitative limits on the supply of HFCs (phase-down);  
(d) A ban on placing certain products and equi pment that contain F-gases on the EU 
market. 
The methodological basis for the impact assessment  was a detailed analys is of the feasibility 
of introducing safe, energy-efficien t alternatives in the 28 main se ctors that use F-gases. Since 
alternative technologies were onl y taken into account if they were consid ered at least as 
energy-efficient as conventional F-gas technol ogies, indirect emissions from electricity 
consumption were inherently addressed from the outset. 
Impacts at different stages in the production chain and at different stages of use were 
considered, i.e. on producers of chemicals; producers of products and equipment; wholesalers; 
industrial users of products and equipment; companies that service equipment and final 
consumers. 
                                                 
30 Letter of the European Network of the Heads of Environmental Protection Agencies to Commissioners 
Potočnik, Hedegaard, Tajani and Oettinger, 15 May 2012. EN 7   EN The impact assessment showed that a phase-dow n of HFCs that introduces gradually lower 
limits until 2030 for the amounts of these F-gases to be put on the market in the EU would 
deliver the most emission savings, reducing to day’s emissions by two thirds by 2030 (roughly 
70 million tonnes of CO 2 equivalent). Some restrictions on the use of F-gases are appropriate, 
in particular to safeguard the integrity of the phase-down and to target F-gases not covered by 
the phase-down. Measures on containment and r ecovery should be extended to some modes 
of transport. Together, these options would most stimulate in novation and the development of 
green technologies. Their cost  to the economy and society as  a whole would be low (a 
maximum effect on GDP of -0.006  %), while giving industry flexibility. An emission 
reduction of two thirds would be in line wi th the current proposals under the Montreal 
Protocol and prepare EU industry for a phase-dow n. It would lead to cost reductions due to 
higher market penetration and to economies of s cale for alternative technologies, thus helping 
to reach an agreement on the propos als under the Montreal Protocol. 
Administrative costs can be kept relatively  low (total administra tive costs of around two 
million euro a year for a phase-down). This is  because the reporting scheme under Regulation 
(EC) No 842/2006 already provides most of the data needed to implement any policy options 
in the future.  
3. LEGAL  ELEMENTS  OF THE  PROPOSAL 
Summary of the proposed action 
The proposal maintains the current provisions of  the F-Gas Regulation, with adjustments to 
ensure better implementation and enforcement of  the legislation by natio nal authorities. Some 
containment measures have also been extended to  refrigerated trucks and trailers. Annex IX 
provides in a correlation ta ble an overview on how the ex isting provisions have been 
integrated in the proposed regulation. 
The most important new measure is the introduc tion of quantitative li mits on the supply of 
bulk HFC substances in the EU, decreasing over  time. This phase-down is complemented by 
measures ensuring that quantities used in prod ucts and equipment are also covered by this 
mechanism. 
The phase-down mechanism involves a gradually declining cap on the total placement of bulk 
HFCs (in tonnes of CO 2 equivalent) on the market in the EU with a freeze in 2015, followed 
by a first reduction in 2016 and reaching 21  % of the levels sold in 2008–11 by 2030. 
Producers of products and equipment who face a restricted supply of F- gases will switch to 
alternative technologi es where feasible. 
The phase-down mechanism is based to a large extent on the experience gained from phasing 
down the consumption of ODS. Companies that place bulk HF Cs on the EU market must 
have rights to place bulk substances on the EU  market for the firs t time. The Commission 
allocates free quotas to companies based on past reporting data, with a reserve for new 
entrants. Companies must make su re that they have enough rights to cover their actual placing 
of products and equipment on the market. They  may transfer quotas among themselves. The 
Commission checks compliance the following year, with independent verification of reports. 
Around 100 companies are expected to participate and a threshold ensures that companies that 
only place small quantities on the market are exempted. EN 8   EN HFCs imported in pre-charged equipment shoul d also be counted under the phase-down and 
so complementary measures are indispensabl e to tackle these gases to ensure the 
environmental integrity31 of the phase-down mechanism and a level playing field in the 
market. Therefore, non-hermetically  sealed HFC appliances would still be able to be produced 
in, or imported into, the EU but they would have to be filled  at the place of installation.32 
Similarly, the placing on the market of movabl e air conditioning containing HFCs will be 
banned from 2020. A few additional bans ar e introduced to under pin the phase-down 
mechanism and restrict the use of other F- gases not covered by the mechanism and which 
have been found to be cost-eff ective in relation to the overa ll required level of emissions 
reduction. See table 1 for overview. 
Table 1. Summary overview over new equipment restrictions 
Products and equipment  Date of prohibition 
Use of HFC-23 in fire pr otection systems and fire 
extinguishers  1 January 2015  
Domestic refrigerators and freezers with HFCs with 
GWP of 150 or more  1 January 2015  
Refrigerators and freezers for commercial use 
(hermetically sealed systems)  1 January 2017 for HFCs with GWP of 2500 or more 
1 January 2020 for HFCs with GWP of 150 or more  
Movable room air-conditioning appliances 
(hermetically sealed) with HFCs with GWP of 150 or 
more 1 January 2020  
In addition, recharging of existi ng refrigeration equipment with a charge size over 5 tonnes of 
CO 2 equivalent with HFC of very high GWP (>2500) will not be permitted from 2020 
onwards as more adequate and energy efficient drop-in refrigerants of lower GWP are already 
widely available on the market. 
Restrictions on the use of SF 6 in magnesium die casting is exte nded also to facilities using 
less than 850 kg per year as technological progress has rendered such use obsolete. 
Additional reporting obligations should enable m onitoring of the use of F-gases that are not 
covered by current legislation. 
                                                 
31 It is estimated that in 2030, almost 20  % of the quantities of hydrofluor ocarbons placed on the market 
will be inside imported equipment. If imported equipment did not have to face the same supply 
restrictions on F-Gases as equipment produced in the EU, it is likely that the share of imported 
equipment and hence the uncontrolled supply of F-Gases would be even higher. 
32 Filling HFC equipment during on-site installation woul d also allay the concerns of the service industry 
(mainly SMEs) that at present, new equipment is often not installed correctly, without the use of certified experts as required by the F-Gas Regulation.  This leads to additional emissions. AREA, 2010, 
‘Position paper: Review of Regulation (EC) No 842/2006 on certain fluorinated greenhouse gases — 
pre-charged non-monobloc air-conditioning equipment.’ 
www.area-eur.be . EN 9   EN Legal basis 
The primary objective of the Re gulation is to provide a high level of protection for the 
environment, in particular by combating clim ate change. This proposal  is therefore based on 
Article 192(1) of the Treaty on the Functioning of the European Union. 
Subsidiarity principle 
The objectives of the proposal cannot be sufficiently achieved by the Member States. The EU 
will better achieve the objectives for the following reasons.  
Protecting the climate system is a cross-border issue. Individual Member States cannot solve 
the problems alone. The scale of the problem  demands EU-wide action as well as action 
worldwide. The proposal also aims to crea te the legal framewor k for implementing an 
international agreement on the phase-down of HFCs, to which the EU would be party. The 
agreement is currently under discussion at international level. 
The Regulation provides for banni ng the placing on the market an d the use of cer tain products 
and equipment that contain F-gases. It is theref ore relevant to the func tioning of the internal 
market. 
The proposal focuses on amending and compleme nting EU legislation and on strengthening 
some provisions to improve its implemen tation and enforcement by Member States. 
It therefore complies with the subsidiarity principle. 
Proportionality principle 
The proposal complies with the proportionality  principle. The measures are based on a 
thorough assessment of their cost-efficiency. Th e thresholds for acceptable abatement costs 
are in line with the Low Carbon Roadmap33, setting out the overall strategy to combat climate 
change. Sufficiently long tran sition periods allow the sectors concerned to adapt in an 
economically efficient way. 
Where restrictions on certain F-gas applicatio ns are envisaged, the proposal ensures that 
technically and economically feasible altern atives are available. If under particular 
circumstances this is not the case, it allows derogations to be granted. 
No detailed provisions are proposed  in areas where the objectives might be better achieved by 
action in other policy areas, for example by legislation on waste or ecodesign. This is to avoid 
overlaps that might lead to the unclear alloca tion of responsibilities, creating an additional 
burden for public authorities and companies. 
Choice of instruments 
The legal instrument chosen is a Regulation because the proposal aims to replace and improve 
the existing Regulation and because the phase -down mechanism should build on the system 
established at EU level for th e phase-down of ozone depleting substances. This system has 
                                                 
33 A Roadmap for moving to a competitive low carbon economy in 2050 , COM(2011) 112 final.   EN 10   EN proven to work efficiently. Any change to  the system would unduly burden both Member 
States and the companies active in this sector. 
4. BUDGETARY  IMPLICATION 
The proposal has no incremental impact on the budget of the European Union. EN 11   EN 2012/0305 (COD) 
Proposal for a 
REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 
on fluorinated greenhouse gases 
(Text with EEA relevance) 
THE EUROPEAN PARLIAMENT AND THE CO UNCIL OF THE EUROPEAN UNION, 
Having regard to the Treaty on the Functioning of the European Union, and in particular 
Article 192(1) thereof, 
Having regard to the proposal from the Commission, After transmission of the draft legislative act to the national Parliaments, Having regard to the opinion of the Eu ropean Economic and Social Committee
34, 
Having regard to the opinion of  the Committee of the Regions35, 
Acting in accordance with the or dinary legislative procedure, 
Whereas: (1) The Fourth Assessment Report of the In tergovernmental Panel on Climate Change 
("IPCC") of the United Nations Framework Convention on Climate Change ("UNFCCC"), to which the Union is party
36, stated that, on the basis of existing 
scientific data, developed countries would need to re duce greenhouse gas emissions by 
80 % to 95  % below 1990 emissions by 2050 to limit global climate change to a 
temperature increase of 2 ˚C and thus prevent undesirable climate effects37. 
(2) To reach this target, the European Comm ission has laid out in a Low Carbon Economy 
Roadmap a cost-effective way of achieving th e necessary overall emission reductions 
in the Union by 205038. This roadmap establishes the se ctoral contributions needed in 
six areas. Non-CO 2 emissions (including fluorinated  greenhouse gases but excluding 
non-CO 2 emissions from agricultu re) should be reduced by 72  % to 73  % by 2030 and 
                                                 
34 OJ C , , p. . 
35 OJ C , , p. . 
36 Council Decision of 15 December 1993 concerning the conclusion of the United Nations Framework 
Convention on Climate Change, OJ L 33, 7.2.1994, p. 11. 
37 Intergovernmental Panel on Climate Change (IPCC), ‘Contribution of Working Group III to the Fourth 
Assessment Report of the Intergovernmental Panel on Climate Change, 2007’, Mitigation of Climate 
Change, Chapter 13.3.3. 
38 A Roadmap for moving to a competitive low carbon economy in 2050, COM(2011) 112 final. EN 12   EN by 70  % to 78  % by 2050, compared to 1990 levels. If based on the reference year 
2005, a reduction in non-CO 2 emissions, except those from agriculture, of 60  % to 
61 % by 2030 is required. Fluorinated greenhous e gas emissions were estimated at 90 
million tonnes (Mt) of CO 2 equivalent in 2005. A 60  % reduction means that emissions 
would have to be reduced to around 35 Mt of CO 2 equivalent by 2030. Given 
estimated emissions of 104 Mt of CO 2 equivalent in 2030 based on the full application 
of current legislation, a further decrease of around 70 Mt of CO 2 equivalent is required. 
(3) A Commission report39 on the application, effects a nd adequacy of Regulation (EC) 
No 842/200640 concluded that the current containment measures, if fully applied, have 
the potential to reduce emissions of fluor inated greenhouse gases. Those measures 
should, therefore, be maintained and clarifie d on the basis of the experience gained in 
implementing them. Certain measures should al so be extended to other appliances in 
which substantial quantities of fluorinat ed greenhouse gases are used, such as 
refrigerated trucks and trai lers. The obligation to establish and maintain records of 
equipment that contains such gases s hould also cover electrical switchgear. 
(4) The Commission's report also concluded that  more can be done to reduce emissions of 
fluorinated greenhouse gases in the Union, in  particular by avoiding the use of those 
gases where there are safe and energy effici ent alternative technologies with no impact 
or a lower impact on the climate. A decrease of up to two thirds of the 2010 emissions by 2030 is cost-effective because proved and te sted alternatives ar e available in many 
sectors. 
(5) To encourage the use of such technologi es, the training of persons who carry out 
activities involving fluo rinated greenhouse gases should co ver technologies that serve 
to replace and reduce the use of fluorinated greenhouse gases.  Certificates should have 
a limited validity and the initial period of validity should only be extended on the basis of compulsory periodic training, to ensure that those persons are kept aware of new 
technical developments. 
(6) To ensure coherence with monitoring  and reporting requirements under the UNFCCC 
and with Decision 4/CMP.7 of the Conference of the Parties serving as the meeting of 
the Parties to the Kyoto Protocol, global wa rming potentials should be calculated in 
terms of the 100-year global warming potential  of one kilogram of a gas relative to 
one kilogram of CO
2. The calculation should where po ssible be based on the fourth 
assessment report adopted by the IPCC. 
(7) Given that there are suitable alternatives , the current ban on using sulphur hexafluoride 
in magnesium die-casting and the recycling of magnesium die-casting alloys should be 
extended to facilities that us e less than 850 kg per year. Si milarly, with an appropriate 
transitional period, the use of refrigerants  with very high gl obal warming potential 
("GWP") to service or maintain refrigerati on equipment with a charge size equivalent 
to 5 tonnes of CO 2 or more should be banned. 
                                                 
39 Report from the Commission on the application, effects and adequacy of the Regulation on certain 
fluorinated greenhouse gases (Regulation (EC) No 842/2006) , COM(2011) 581 final . 
40 Regulation (EC) No 842/2006 of the European Parliament and of the Council of 17 May 2006 on 
certain fluorinated greenhouse gases, OJ L 161, 14.6.2006, p. 1. EN 13   EN (8) Additional bans on the placing on the market  of new equipment for refrigeration, air-
conditioning and fire protection that ope rate using specific fluorinated greenhouse 
gases should be introduced where suitable alte rnatives to the use of those substances 
are available. In the light of future technica l developments and the availability of cost-
efficient alternatives to the use of fl uorinated greenhouse gases, the Commission 
should be empowered to include other produc ts and equipment or to exclude, also 
temporarily, certain categories of products  or equipment for which alternative 
substances which fall below the specified global warming potential limit are not available for technical or economic r easons, including insufficient supply of 
alternative substances on the market to meet  the demand, or due to applicable safety 
standards excluding the use of  relevant alternatives. 
(9) Such bans should only be introduced where they will result in lower overall 
greenhouse gas emissions, in particular fr om both the leakage of any fluorinated 
greenhouse gases and the CO
2 emissions resulting from their energy consumption. 
Equipment containing fluorinated greenhouse gases should thus be allowed if their 
overall greenhouse gas emissions are less than those that would result from an 
equivalent equipment without  fluorinated greenhouse gase s, which has the maximum 
allowed energy consumption set out in rele vant implementing measures adopted under 
Directive 2009/125/EC (Ecodesign)41. 
(10) To ensure that only persons who have been duly certified install non-hermetically 
sealed refrigeration, air-conditioning and heat -pump equipment, there should be a ban 
on the placing on the market of this equipm ent pre-filled with hydrofluorocarbons. 
This measure should also ensure that all qua ntities used for the first filling of such 
equipment are subject to the reduction measures. 
(11) Gradually reducing the placing on the market of hydrofluorocarbons has been 
identified as the most effective, cost-e fficient way of reducing emissions of those 
substances in the long term.  
(12) To implement the gradual reduction of the placing on the market of 
hydrofluorocarbons, the Commi ssion should allocate quotas to individual producers 
and importers for placing them on the mark et in order that th e overall quantitative 
limit for placing hydrofluorocarbons on the ma rket in the Union is not exceeded. 
(13) The quota allocation to individual comp anies should be based on the quantities of 
hydrofluorocarbons they have produced or imported during the reference period from 
2008 to 2011. However, in order not to ex clude small operators, five per cent  of the 
overall quantitative limit should be reserved  for importers and producers who have not 
imported or produced more than 1 tonne of fluorinated greenhouse gases in the 
reference period. 
(14) By regularly recalculating the quotas  the Commission should ensure that new 
operators are allowed to continue their ac tivities on the basis of the average volumes 
they placed on the market in the recent past. 
                                                 
41 Directive 2009/125/EC of the European Parliament and of the Council of 21 October 2009 establishing 
a framework for the setting of ecodesign requirem ents for energy-related products, OJ L 285, 
31.10.2009, p. 10. EN 14   EN (15) The Commission should ensure that a central electronic regi stry is in place to manage 
the quotas, based on the system for licensing trade under Regulation (EC) 
No 1005/2009 of the European Parliament and of the Council of 16 September 2009 on substances that deplete the ozone layer
42. 
(16) To maintain the flexibility of the ma rket in bulk hydrofluorocarbons, transferring 
quotas should be permitted, also  to producers and importers that have no t been active 
in the sector before. 
(17) In order to make it possible to monitor the effectiveness of the Regulation, the scope 
of the current reporting ob ligations should be extended to cover other fluorinated 
substances that have significant GWP or are likely to replace fluorinated greenhouse 
gases listed in Annex I as well. For the sa me reason the destruction of fluorinated 
greenhouse gases and the importation of thos e gases when contained in products and 
equipment should also be reported. De minimis  thresholds should be set to avoid 
disproportionate administrative burden, in particular for small and medium-sized 
enterprises and micro-enterprises. 
(18) The Commission should c ontinuously monitor the effects of reducing the placing on 
the market of hydrofluorocarbons, including th e effect of reduction on the supply for 
appliances where the use of  hydrofluorocarbons would re sult in lower life-cycle 
emissions than if an alternative technol ogy was used. The monitoring should also 
ensure the early detection of health or sa fety concerns, due to negative impacts on the 
availability of medicinal products. A comp rehensive review should be carried out 
before 2030 in time to adapt the provisions of this Regulation in the light of its 
implementation and of new developments and to adopt, if appropriate, further 
reduction measures. 
(19) To ensure uniform conditions for the im plementation of this Regulation, implementing 
powers should be conferred on the Commission to determine the formats of records to 
be kept on equipment installed, serviced, maintained, repaired or decommissioned, of 
the notification of training and certification programmes and of the labels for products 
and equipment; to determine reference values for importers and producers based on the quantities of hydrofluorocarbons placed  on the market in the Union and to 
determine the format and means of su bmitting reports. Those powers should be 
exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 Februa ry 2011 laying down the rules and general 
principles concerning mechanisms for control by the Member States of the Commission’s exercise of implementing powers
43. 
(20) In order to take techno logical progress and the developm ent of markets affected by 
this Regulation into account, and to ensure  compliance with inte rnational agreements, 
the power to adopt acts in accordance w ith Article 290 of the Treaty on the 
Functioning of the European Union shoul d be delegated to the Commission with 
regard to the following: specifying requi rements for standard leakage checks; 
extending the list of equipment subject to  mandatory recovery of fluorinated 
greenhouse gases; specifying mi nimum requirements and the conditions for the mutual 
recognition of training programmes for pers ons who install, maintain, repair or 
                                                 
42 OJ L 286, 31.10.2009, p. 1. 
43 OJ L 55, 28.2.2011, p. 13. EN 15   EN decommission the equipment and who check leaks and recover fluorinated greenhouse 
gases, and for the certificati on of those persons and of co mpanies that perform such 
tasks; amending labelling requirements; pr ohibiting the placing on the market of more 
products and equipment that contain or rely on fluorinated greenhouse gases; 
amending the maximum quantities of hydroflu orocarbons that may be placed on the 
market and exempting the supply of hydrofluor ocarbons for specific cr itical uses from 
the quota requirement for health and safe ty reasons; determining the rules for 
recalculating reference valu es for the placing on the market of hydrofluorocarbons by 
individual undertakings and amending or  supplementing the mechanism for the 
allocation of quotas; revising the thresholds  for reporting requirements; establishing 
requirements for the reporting systems on em issions of fluorinated greenhouse gases 
and the use of the data on emissions coll ected by the Member States; including other 
substances with a significant global warming potential in the lists of substances covered by this Regulation and updating th e lists on the basis of new scientific 
findings, in particular the global warming potential of the substances listed in the 
annexes to the Regulation. 
(21) It is of particular importance that th e Commission carry out appropriate consultations 
during its preparatory work, including at e xpert level. When preparing and drawing up 
delegated acts, the Commission should ensure  a simultaneous, timely and appropriate 
transmission of relevant documents to th e European Parliament and to the Council. 
(22) This Regulation amends and comple ments Regulation (EC)  No 842/2006, which 
should therefore be replaced, 
HAVE ADOPTED THIS REGULATION: 
CHAPTER I 
GENERAL PROVISIONS  
Article 1 
Definitions 
For the purposes of this Regulation th e following definitions shall apply: 
(1) ‘fluorinated greenhouse gases’ m eans the hydrofluorocarbons ("HFCs"), 
perfluorocarbons ("PFCs"), sulphur hexafluoride ("SF 6") and other greenhouse gases 
that contain fluorine, as listed in A nnex I, whether alone or in a mixture; 
(2) ‘global warming potential’ ("GWP") means the climatic warming potential of a 
greenhouse gas relative to that of carbon dioxide ("CO 2"), calculated in terms of the 
100-year warming potential of one kilogram of a gas relative to one kilogram of CO 2, 
as laid down in Anne xes I, II and III; 
(3) ‘tonne(s) CO 2 equivalent’ means a quantity of gr eenhouse gases, or of a mixture 
containing such gases, expressed as the product of the weight of the greenhouse 
gases in metric tonnes and th eir global warming potential; EN 16   EN (4) ‘operator’ means the natural or legal pe rson possessing the equipment and systems 
covered by this Regulation and exerci sing actual power over the technical 
functioning of them; 
(5) ‘use’ means the use of fluorinated gree nhouse gases in the production, maintenance 
or servicing, includi ng the refilling, of products and equi pment, or in other processes; 
(6) ‘placing on the market’ means supplying or ma king available to an other party in the 
Union for the first time, for payment or free of charge, or using for its own account in the case of a producer, or importing into the customs territory of the Union under a 
customs procedure that allows use or ope ration of the imported goods in the Union; 
(7) ‘hermetically sealed system’ means a system in which all parts that contain 
fluorinated greenhouse gases have been  hermetically sealed during their 
manufacturing by welding them, brazing them  or otherwise making them tight by 
permanently connecting them and for which th e refrigerant circuit does not need to 
be opened for placing the system into operation; 
(8) ‘a non-refillable container’ means a contai ner designed exclusively to transport or 
store fluorinated greenhouse gases and wh ich cannot be refilled without being 
adapted for that purpose or is placed on the market without provision having been 
made for its return for refilling; 
(9) ‘recovery’ means the collection and storag e of fluorinated greenhouse gases from 
products, equipment or containers during ma intenance or servicing or prior to the 
disposal of the products, equipment or containers; 
(10) ‘recycling’ means the reuse of a recove red fluorinated greenhouse gas following a 
basic cleaning process; 
(11) ‘reclamation’ means the reprocessing of a recovered fluorinated greenhouse gas in 
order to meet the equivalent performance of  a virgin substance, taking into account 
its intended use; 
(12) ‘destruction’ means the process of permanen tly transforming or decomposing all or 
most of a fluorinated greenhouse gas into one or more stable substances that are not 
fluorinated greenhouse gases; 
(13) ‘stationary’ means not in  motion during operation; 
(14) ‘one-component foam’ means a foam compos ition contained in a single aerosol 
container in unreacted or partly reacted liquid state and that expands and hardens 
when it leaves the container; 
(15) ‘refrigerated truck’ means a motor vehicle with a maximum mass of more than 3.5 
tonnes that is designed and constructed prim arily to carry goods and that is equipped 
with a refrigeration unit; 
(16) ‘refrigerated trailer’ means a vehicle that is designed and constructed to be towed by 
a truck or a tractor, primarily to carry goods  and that is equipped with a refrigeration 
unit; EN 17   EN CHAPTER II 
CONTAINMENT  
Article 2 
Prevention of emissions 
1. The intentional release of fluorinated greenhouse gases into  the atmosphere shall be 
prohibited where the release is not technically necessary  for the intended use. 
2. Operators of equipment that contains fluorinated greenhouse gases shall take 
precautions to prevent their unintenti onal release (hereinafter "leakage"). 
3. Where a leakage of those gases is detect ed, the operators shall ensure that the 
equipment is repaired without undue delay. 
Where a leak in the equipment has been repa ired, the operators shall ensure that the 
equipment is checked by certified persons with in one month after the repair to verify 
that the repair has been effective. 
4. Persons and undertakings carrying out th e following tasks shall be certified in 
accordance with Article 8:  
(a) installing, servicing, maintaining, repa iring or decommissioning equipment 
referred to in Article 3(1); 
(b) servicing maintaining, repairing or d ecommissioning mobile air conditioning 
equipment that contains fl uorinated greenhouse gases; 
(c) installing, servicing, maintaining, repa iring or decommissioning electrical 
switchgear that contains SF 6;  
(d) delivering or receiving fluorinated gr eenhouse gases for th e tasks listed in 
points (a), (b) and (c). 
When carrying out those tasks, persons and undertakings referred to in the first 
subparagraph shall take precautionary measur es to prevent leakage of fluorinated 
greenhouse gases. 
5. Any person who assigns the task of inst alling, servicing, maintaining, repairing or 
decommissioning electrical sw itchgear that contains SF 6 or equipment referred to in 
Article 3(1) to another party shall ascertain  that that other party holds the necessary 
certificates pursuant to Article 8 for the required tasks. 
Article 3 
Checking for leakage 
1. Operators of equipment that contains fl uorinated greenhouse ga ses with a global 
warming potential equiva lent to 5 tonnes of CO 2 not contained in foams shall ensure 
that the equipment is checked for leakage.  However, equipment with hermetically 
sealed systems which are labelled as su ch, containing fluorinated greenhouse gases EN 18   EN with a global warming potential equivalent to less than 10 tonnes CO 2, shall not be 
subject to leak checks under this Article. 
The checks shall be carried out by persons certified in accordance with the rules 
provided for in Article 8. 
This paragraph applies to operators of  the following equipment that contains 
fluorinated greenhouse gases: 
(a) stationary refrigeration equipment; 
(b) stationary air-conditioning equipment; 
(c) stationary heat pumps; 
(d) stationary fire protection systems; 
(e) refrigerated trucks and refrigerated trailers. 
2. The checks pursuant to paragraph 1 shal l be carried out with the following 
frequency: 
(a) equipment that contains fluorinated greenhouse gases with a global warming 
potential equivalent to 5 tonnes of CO 2 or more but to less than 50 tonnes of 
CO 2, shall be checked for leakage at least once every 12 months;  
(b) equipment that contains fluorinated greenhouse gases with a global warming 
potential equivalent to 50 tonnes of CO 2 or more, but to less than 500 tonnes of 
CO 2, shall be checked for leakage at least once every six months; 
(c) equipment that contains fluorinated greenhouse gases with a global warming 
potential equivalent to 500 tonnes of CO 2 or more shall be checked for leakage 
at least once every three months. 
3. Where in respect of fire pr otection systems as referred to in paragraph 1(d) there is 
an existing inspection regime in place th at meets ISO 14520 or EN 15004 standards, 
and the fire protection system is inspected as often as required in accordance with 
paragraph 2, those inspections shall be considered to fulfil the obligations of 
paragraph 1. 
4. The Commission shall be empowered to a dopt delegated acts in accordance with 
Article 20 specifying requirements for the leakage checks to be carried out in accordance with paragraph 1 of this Article for each type of equipment referred to in 
that paragraph, identifying those parts of the equipment most likely to leak, and 
amending the list of equipment in paragraph 1 of this Article to include other types of 
equipment in the light of market trends and technological progress. 
Article 4  
Leakage detection systems 
1. Operators of the equipment referred to in Article 3(1) containing fluorinated 
greenhouse gases with a global warming potential equivalent to 500 tonnes CO
2 or EN 19   EN more, shall ensure that the equipment is provided with a leakage detection system 
which alerts the operator of any leakage. 
 The leakage detection systems shall be checked at least once every 12 months to 
ensure its proper functioning. 
2. By way of derogation from Article 3(2)  point (b), where equipment containing 
fluorinated greenhouse gases with a global wa rming potential equivalent to 50 tonnes 
CO 2 or more, but to less than 500 tonnes CO 2, is provided with a leakage detection 
system, the equipment shall be checked fo r leakage at least once every 12 months. 
Article 5 
Record keeping 
1. Operators of equipment that  contains fluorinated gree nhouse gases not contained in 
foams, shall for each piece of equipment establish and maintain records of the 
following information identifying the equipment: 
(a) the quantity and type of fluorin ated greenhouse gases installed; 
(b) the quantities of fluorinated greenhouse gases added and the reasons for adding 
them; 
(c) the quantity of fluorinated greenhouse gases recovered; 
(d) observed leakage rates; 
(e) an identification of the undertaking a nd the person who installed, serviced, 
maintained and, where applicable, repair ed or decommissioned the equipment; 
(f) the dates and results of the checks carri ed out under Article 3(1) and (3); 
(g) if the equipment was decommissioned, the measures taken to recover and 
dispose of the fluorinated greenhouse gases. 
This paragraph shall apply to operators of electrical switchgear that contains SF 6 and 
of the equipment referred to in Article 3(2). 
2. Unless the records referred to in paragrap h 1 are registered in a database set up by 
the competent authorities of the Member  States, the operators referred to in 
paragraph 1 shall keep the records until at least two years after decommissioning the equipment. 
Unless the records referred to in paragrap h 1 are registered in a database set up by 
the competent authorities of the Member St ates, persons or undertakings carrying out 
the activities referred to in paragraph 1(e) for operators shall keep copies of the records for at least five years. 
The records shall be made available on requ est to the competent authority or to the 
Commission. EN 20   EN 3. The Commission may determine the format of  the records referred to in paragraph 1 
and specify how they should be established and maintained in an implementing act. That implementing act shall be adopted  in accordance with the examination 
procedure referred to in Article 21. 
Article 6 
Emissions from production 
Producers of fluorinated compounds shall take all the precautions  necessary to limit emissions 
of fluorinated greenhouse gases, to the greate st extent possible, dur ing production, transport 
and storage. 
Those producers shall ensure that  any trifluoromethane (HFC- 23) produced as a by-product in 
significant quantities is destroyed as part of the manufacturing process. 
Article 7 
Recovery 
1. Operators of equipment, including mobile  equipment, that contains fluorinated 
greenhouse gases not contained in foams, sh all put arrangements in place for their 
recovery of those gases by persons a nd undertakings that hold the relevant 
certificates provided for by Article 8, to ensure that those gases are recycled, 
reclaimed or destroyed. 
That obligation applies to operators  of any of the following equipment: 
(a) the cooling circuits of refrigeration, air-conditioni ng and heat pump equipment; 
(b) equipment that contains fluorinat ed greenhouse gas-based solvents; 
(c) fire protection systems and fire extinguishers;  
(d) electrical switchgear. 
2. The Commission shall be empowered to a dopt delegated acts in accordance with 
Article 20 amending the list of equipment in  paragraph 1 to include other types of 
equipment in view of their increasi ng relevance due to the commercial or 
technological development. 
3. Prior to disposal of a fluorinated gree nhouse gas container, the person who used the 
container for transport or storage shall arra nge for the recovery of any residual gases 
to make sure they are recycled, reclaimed or destroyed. 
4. Users of products and operat ors of equipment not listed in paragraph 1 that contain 
fluorinated greenhouse gases shall arrange for th e recovery of the gases, to the extent 
that it is practicable, by appropriately qualified persons, to make sure they are 
recycled, reclaimed or destroyed or for their destruction wit hout prior recovery. EN 21   EN Article 8 
Training and certification 
1. Member States shall establish traini ng and certification programmes for the 
following persons:  
(a) persons who install, service, ma intain, repair or decommission of the 
equipment listed in the third subparagraph of Article 3(1); 
(b) persons who install, service, mainta in, repair or deco mmission electrical 
switchgear that contains SF 6; 
(c) persons who carry out the leak checks provided for in Article 3(1); 
(d) persons who recover fluorinated gree nhouse gases as provided for in Article 7. 
2. The training programmes provided for in paragraph 1 shall cover the following: 
(a) applicable regulations and technical standards; 
(b) emission prevention; (c) recovery of fluorinated greenhouse gases; (d) safe handling of equipment of the ty pe and size covered by the certificate; 
(e) technologies to replace or to redu ce the use of fluorinated greenhouse gases 
and their safe handling.  
3. Certificates under the certif ication programmes provided fo r in paragraph 1 shall be 
issued on condition of the applicant ha ving completed a tr aining programme 
established in accordance with paragraphs 1 and 2. 
4. Member States shall esta blish certification programmes for undertakings carrying out 
the activities mentioned in paragraph 1, points (a) to (d), for other parties. 
5. The certificates provided for in paragraphs  1 and 3 shall be valid for a maximum of 5 
years. Member States may pr olong the validity of the ce rtificates provided for in 
paragraph 1 when the person concerned is undergoing a compulsory periodic training 
every five years to update the knowledge on the subjects referred to in paragraph 2. 
6. Member States shall notify the Commissi on of their training and certification 
programmes by 1 January 2015. They shall rec ognise certificates issued in another 
Member State. They shall not restrict the freedom to provide services or the freedom 
of establishment because a certificate wa s issued in another Member State. 
7. The Commission shall be empowered to a dopt delegated acts in accordance with 
Article 20 specifying minimum requirement s for the training and certification 
provided for in paragraph 1 and specifying conditions for the mutual recognition of certificates. EN 22   EN 8. The Commission may, by means of implementing acts, determine the format of the 
notification referred to in paragraph 6. T hose implementing acts shall be adopted in 
accordance with the examination pro cedure referred to in Article 21. 
CHAPTER III 
PLACING ON THE MARKET AND CONTROL OF USE  
Article 9 
Restrictions on the placing on the market 
1. The placing on the market of specific products and equipment listed in Annex III 
shall be prohibited from the date speci fied in that Annex, where applicable 
differentiating according to the type or gl obal warming potential of the fluorinated 
greenhouse gas contained. 
For the calculation of the global warming potential of mixtur es of fluorinated 
greenhouse gases contained in those products  and that equipment the method laid 
down in Annex IV shall be applied. 
2. The prohibition set out in pa ragraph 1 shall not apply to equipment for which it has 
been established in ecodesign requirem ents adopted under Directive 2009/125/EC44 
that due to higher energy efficiency  during its operation its lifecycle CO 2 emissions 
would be lower than that from equivalent  equipment which meets relevant ecodesign 
requirements and does not c ontain hydrofluorocarbons. 
3. The Commission shall be empowered to a dopt delegated acts in accordance with 
Article 20 amending the list set out in Annex III to include other products and 
equipment that contain fluorinated greenhous e gases with a global warming potential 
of 150 or more, or that rely on them to  work, if it has been  established that 
alternatives to the use of fl uorinated greenhouse gases or to  the use of specific types 
of fluorinated greenhouse gases are availa ble, and their use w ould result in lower 
overall greenhouse gas emissions and to excl ude, where appropriate for a specified 
period of time, certain categories of produc ts or equipment for which alternative 
substances which fall below the specified  global warming potential limit are not 
available for technical, economic or safety reasons. 
Article 10 
Labelling and product information 
1. Products and equipment that contain fluor inated greenhouse gases shall not be placed 
on the market unless they are labelled.  
This paragraph shall apply to th e following types of equipment: 
(a) refrigeration equipment; 
                                                 
44 Directive 2009/125/EC of the European Parliament and of the Council of 21 October 2009 establishing 
a framework for the setting of ecodesign requirem ents for energy-related products, OJ L 285, 
31.10.2009, p. 10. EN 23   EN (b) air-conditioning equipment; 
(c) heat pumps; 
(d) fire protection systems; 
(e) electrical switchgear; 
(f) aerosol cans that contain fl uorinated greenhouse gases; 
(g) all fluorinated greenhouse gas containers. 
2. The label required in acco rdance with paragraph 1 sha ll indicate the following:  
(a) Information that the product or equi pment contains fluorinated greenhouse 
gases;  
(b) The name of the fluorinated greenhous e gases using the accepted industry 
designation or, if no such  designation is available, the chemical name; 
(c) As of 1 January 2017, the quantity of  greenhouse gases contained in the 
product or equipment, expre ssed in weight and in CO 2 equivalent.  
Where the fluorinated greenhouse gases are contained in a herm etically sealed 
system, this shall be stated on the label. 
3. The label shall be clearly r eadable and indelible and shall be placed adjacent to the 
service ports for charging or recovering th e fluorinated greenhouse gas, or on that 
part of the product or equipment that contains the fluorinated greenhouse gas. 
4. Foams that contain fluorinated greenhouse gases shall not be placed on the market 
unless the fluorinated greenhous e gases are identified with  a label using the accepted 
industry designation or, if no such designati on is available, the chemical name. The 
label shall clearly indicate that the foam  contains fluorinated greenhouse gases.  
In the case of foam boards, this informati on shall be clearly and indelibly stated on 
the boards. 
5. The information referred to in paragraphs  2 and 3 shall be in cluded in instruction 
manuals for such products and equipment. In the case of products and equipment that 
contain fluorinated greenhouse gases with a global warmi ng potential of 150 or more 
this information shall also be included in descriptions used for advertising. 
6. The Commission may determine, by means of  implementing acts, the format of the 
labels referred to in paragraphs 1 and 3. Those implementing acts shall be adopted in accordance with the examination pro cedure referred to in Article 21. 
7. The Commission shall be empowered to a dopt delegated acts in accordance with 
Article 20 amending the labelling requireme nts set out in paragraphs 1 and 3 and 
amending the list of products and equipment in paragraph 1 to include other products 
and equipment where appropriate in view  of the commercial or technological 
development. EN 24   EN Article 11 
Control of use 
1. The use of SF 6 in magnesium die-casting and in the recycling of magnesium 
die-casting alloys shall be prohibited. As regards installations using a quantity of SF 6 
below 850 kg per year, this prohibition shall only apply from 1 January 2015. 
2. The use of SF 6 to fill vehicle tyres shall be prohibited. 
3. The use of fluorinated greenhouse gases, or  of mixtures that contain fluorinated 
greenhouse gases, with a global warming pot ential of 2500 or mo re, to service or 
maintain refrigeration equipment with a charge size equivalent to 5 tonnes of CO 2 or 
more, shall be prohibited from 1 January 2020. 
For the purpose of this provision, the globa l warming potential of mixtures that 
contain fluorinated greenhouse gases shall be calculated pursuant to Annex IV. 
Article 12 
Pre-charging of equipment 
1. From [dd/mm/yyyy] [ insert date 3 years after entry into force of this regulation ], 
refrigeration, air-conditioning and heat pum p equipment shall not be charged with 
hydrofluorocarbons before it is placed on the market or before  it is made available to 
the end-user for its first installation. 
The equipment shall be charged where it is  intended to be used, by persons certified 
in accordance with Article 8. 
2. Paragraph 1 shall not apply to hermetically  sealed equipment or to equipment that 
contains a quantity of hydrofluorocarbons corres ponding to less than 2  % of the 
equipment’s foreseen maximum capacity. 
CHAPTER IV 
REDUCTION OF THE PLACING ON THE MARKET OF HYDROFLUOROCARBONS  
Article 13 
Reduction of the placing on the market of hydrofluorocarbons 
1. The Commission shall ensure  that the quantity of hydrof luorocarbons that producers 
and importers are entitled to place on the market in the Union each year does not 
exceed the maximum quantity for the year in  question calculated in accordance with 
Annex V. Each producer and importer shall ensure that the quantity of 
hydrofluorocarbons calculated in accordan ce with Annex V that it places on the 
market does not exceed the quota allocate d to it pursuant to Article 14(5) or 
transferred to it pursuant to Article 16. 
2. This Article shall not appl y to hydrofluorocarbons imported into the Union to be 
destroyed. EN 25   EN It shall not apply to producers or impor ters of less than 1 000 tonnes of CO 2 
equivalent of hydrofluorocarbons per year. 
3. This Article and Articles 14, 16, 17 and 22 shall also apply to hydrofluorocarbons 
contained in polyol blends. 
4. The Commission shall be empowered to a dopt delegated acts in accordance with 
Article 20 
(a) amending the maximum quantities set out in Annex V in the light of 
developments of the market in hydrofl uorocarbons and related emissions; and 
(b) exempting the placing on the market for specific uses from the quota 
requirement laid down in paragraph 1 wh ere the use of hydrofluorocarbons is 
necessary for health or safety reason s and a sufficient supply would otherwise 
not be ensured.  
Article 14 
Allocation of quotas for placing hy drofluorocarbons on the market 
1. By 31 October 2014 the Commission shall determine, by mean s of implementing 
decisions, for each producer or importer having reported data under Article 6 of 
Regulation (EC) No 842/2006 a reference va lue based on the annua l average of the 
quantities of hydrofluorocarbons  the producer or importer re ported to have produced 
or imported from 2008 to 2011. For the purposes  of determining the reference value, 
no account shall be taken of quantities report ed in excess of the quota. The reference 
values shall be calculated in accordan ce with Annex V to this Regulation. 
Those implementing acts shall be adopted  in accordance with  the examination 
procedure referred to in Article 21. 
2. Producers and importers that have not repo rted production or impor ts under Article 6 
of Regulation (EC) No 842/2006 for the refe rence period referred to in paragraph 1 
may declare their intention to produce or import hydrofluorocarbons in the following 
year. 
The declaration shall be addressed to  the Commission, specifying the types of 
hydrofluorocarbons and the quant ities 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 declarat ion pursuant to paragraphs 2 and 3, 
undertakings shall register in the re gistry provided for in Article 15. 
3. By 31 October 2017 and every three ye ars after that, the Commission shall 
recalculate the reference values for th e producers and importers referred to in 
paragraphs 1 and 2 on the basis of th e annual average of the quantities of 
hydrofluorocarbons produced or imported after 1 January 2015 as reported under 
Article 17. It shall determine those refere nce values by means of implementing acts. 
Those implementing acts shall be adopted  in accordance with the examination 
procedure referred to in Article 21. EN 26   EN 4. Producers and importers for which reference values have been determined may 
declare additional anticipated quantities follo wing the procedure set out in paragraph 
2. 
5. The Commission shall allocate quotas for placing hydrofluorocar bons on the market 
for each producer and importer for each year  beginning with the year 2015 applying 
the allocation mechanism la id down in Annex VI.  
6. The Commission shall be empowered to a dopt delegated acts in  accordance with 
Article 20 determining the mechanism to r ecalculate the reference values pursuant to 
paragraph 3 and amending or supplementing the mechanism for allocating quotas set 
out in Annex VI. 
Article 15 
Quota registry  
1. An electronic registry for quotas for placing hydrofluoro carbons on the market shall 
be established. The Commission shall take measures to set up and to ensure the 
operation of that electronic registry. 
In the electronic registry shall be registered on request (a) producers and importers to which a quot a for the placing on the market has 
been allocated in accordan ce with Article 14(5); 
(b) producers and importers to which a quota is transferred in accordance with 
Article 16; 
(c) producers and importers declaring their intention to submit a declaration 
pursuant to Article 14(2). 
2. The Commission shall ensure that the pr oducers and importers and the competent 
authorities of the Member States are info rmed via that regist ry about the quota 
allocated and about any changes to  it during the allocation period. 
Article 16 
Transfer of quotas 
Any producer or importer for whom a reference va lue has been determined  pursuant to Article 
14(1) or (3) and who has been allocated a quota in accordance with Article 14(5), may transfer that quota for all or any quantities to another undert aking in the Union that is 
registered in the registry referred to in Article 15(1). Any such transfer shall be notified in advance to the Commission. EN 27   EN CHAPTER V 
REPORTING  
Article 17 
Reporting on production, import, export and destruction 
1. By 31 March 2014 and every year after that, each producer, importer and exporter 
that produced, imported or exported more th an one metric tonne or 1 000 tonnes of 
CO 2 equivalent of fluorinated greenhouse gase s and gases listed in Annex II during 
the preceding calendar year shall report to  the Commission the data specified in 
Annex VII on each of those substa nces for that calendar year. 
2. By 31 March 2014 and every year after th at, each undertaking that destroyed more 
than one metric tonne or 1 000 tonnes of CO 2 equivalent of fluorinated greenhouse 
gases and gases listed in Annex II 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. 
3. By 31 March 2014 and every y ear after that, each undertakin g that placed more than 
10 000 tonnes of CO 2 equivalent of fluorinated gr eenhouse gases and gases listed in 
Annex II contained in products or equipm ent 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. 
4. Each undertaking which, under paragraph 1 and 3, is to report on the placing on the 
market of more than 10  000 tonnes of CO 2 equivalent of hydrofluorocarbons during 
the preceding calendar year shall, before the report is submitte d, ensure that the 
accuracy of the data is verified by an independent auditor, accredited pursuant to 
Directive 2003/87/EC45 or accredited to verify fina ncial statements in accordance 
with the legislation of th e Member State concerned. 
The undertaking shall keep the verificati on report for at least five years. The 
verification report shall be made availa ble to the competent authority and the 
Commission on request. 
5. The Commission shall be empowered to a dopt delegated acts in accordance with 
Article 20 amending the thresholds for the ob ligations provided for in paragraphs 1, 
2 and 3 where appropriate, in view of the development of the market, to avoid that 
substantial quantities of fluorinated greenhouse gases produced, imported or 
exported are not monitored or to reduce ad ministrative burdens in cases where the 
quantities reported ar e insignificant.  
6. The Commission may determine, by means of implementing acts, the format and 
means of submitting the reports referred to in this Article. 
                                                 
45 Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a 
scheme for greenhouse gas emission allowance trading within the Community, OJ L 275, 25.10.2003, 
p. 32. EN 28   EN Those implementing acts shall be adopted  in accordance with  the examination 
procedure referred to in Article 21. 
7. The Commission shall take appropriate measur es to protect the confidentiality of the 
information submitted to it in accordance with this Article. 
Article 18 
Collection of emissions data 
1. Member States shall collect data on em issions of fluorinated greenhouse gases.  
For that purpose they shall establish one of the followi ng systems, as appropriate: 
(a) a system whereby a database is kept at national level for the collection of the 
data recorded in accordance with Article 5(1); 
(b) a system whereby surveys on emissions  from a representative sample of 
operators covered by the provi sions of Article 5(1) ar e carried out, and results 
are extrapolated from those surveys.  
2. The data collected in accordance with pa ragraph 1 shall be made available to the 
Commission on request. The Co mmission may disseminate those data to the other 
Member States. 
3. The Commission shall be empowered to a dopt delegated acts in accordance with 
Article 20 establishing requirements for the data collection systems referred to in the second subparagraph of paragraph 1 of th is Article and laying down whether, for 
specific sectors, a system shall be establis hed in accordance with point (a) or point 
(b) of the second subparagraph of paragraph 1 of this Article.  
CHAPTER VI 
FINAL PROVISIONS  
Article 19 
Review 
1. The Commission shall be empowered to a dopt delegated acts in  accordance with 
Article 20 amending Annex I to include, in the list, substances with a significant 
global warming potential that are used as re placement for substances already listed in 
that Annex and that are exported, impor ted, produced or put on the market in 
significant quantities. 
2. The Commission shall be empowered to a dopt delegated acts in accordance with 
Article 20 updating Annexes I, II and IV on th e basis of new scientific findings, in 
particular on the global warming potential of the lis ted substances. 
3. On the basis of information on the placing on the market reported in accordance with 
Article 17 and on emissions of fluorinat ed greenhouse gases made available in EN 29   EN accordance with Article 18(2), the Commi ssion shall monitor the application and 
effects of this Regulation.  
No later than 31 December  2020, the Commission shall publish a report on the 
availability of hydrofluorocarbons on the Un ion market, in particular for medical 
applications.  
No later than 31 December 2024, it shal l publish a comprehensive report on the 
effects of this Regulation, including a forecast of the c ontinued demand for 
hydrofluorocarbons after 2030. 
Article 20 
Exercise of the delegation 
1. The power to adopt delegated acts is conferred on the Commission subject to the 
conditions laid down in this Article. 
2. The power to adopt delegated acts referred to in Articles 3(4), 7( 2), 8(7), 9(3), 10(7), 
13(5), 14(6), 17(5), 18(3) and 19(1) and (2) shall be conferred on the Commission for 
an indeterminate period of time from [dd/mm/yyyy] [ insert date of entry into force of 
this regulation ]. 
3. The power to adopt delegated acts referred to in Articles 3(4), 7( 2), 8(7), 9(3), 10(7), 
13(5), 14(6), 17(5), 18(3) and 19(1) and (2) may be revoked at any time by the 
European Parliament or by the Council. A decision of revocation shall put an end to 
the delegation of the power specified in th at decision. It shall take effect the day 
following the publication of the decision in the Official Journal of the European 
Union  or on a later date specified therein. It  shall not affect th e validity of any 
delegated acts al ready in force. 
4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to 
the European Parliament and to the Council. 
5. A delegated act adopted pursuant to Articl es 3(4), 7(2), 8(7), 9(3), 10(7), 13(5), 
14(6), 17(5), 18(3) and 19(1) and (2) shall enter into force only if no objection has 
been expressed either by the European Pa rliament or the Council within a period of 
two months of notification of  that act to the European Parliament and the Council or 
if, before the expiry of that period, the European Parliament and the Council have 
both informed the Commission that they will not object. That  period shall be 
extended by two months at the initiative of the European Parliament or of the 
Council. 
Article 21 
Committee procedure 
1. The Commission shall be assisted by a committee. That committee shall be a 
committee within the meaning of Regulation (EU) No 182/2011. 
2. Where reference is made to this para graph, Article 5 of Regulation (EU) No 
182/2011 shall apply. EN 30   EN Article 22 
Penalties 
1. Member States shall lay down the rules on penalties applicable to infringements of 
this Regulation and shall ta ke all measures necessary to ensure that they are 
implemented. The penalties provided for must be effective, proportionate and 
dissuasive. 
Member States shall notify those provi sions to the Commission by [dd/mm/yyyy] 
[date of entry into application ] at the latest and shall no tify it without delay of any 
subsequent amendment affecting them. 
2. In addition to the penalties referred to  in paragraph 1, undertakings that have 
exceeded their quota for placing hydrofluor ocarbons on the market, allocated in 
accordance with Article 14(5) or transferred to them in accordance with Article 16, 
may only be allocated a reduced quota allo cation for the alloca tion period after the 
excess has been detected.  
The amount of reduction shal l be calculated as 200 % of the amount by which the 
quota was exceeded. If the amount of the re duction is higher than the amount to be 
allocated in accordance with Article 14(5) as a quota for the allocation period after 
the excess has been detected, no quota shall be allocated for that allocation period 
and the quota for the following allocation periods shall be reduc ed likewise until the 
full amount has been deducted. 
Article 23 
Repeal 
Regulation (EC) No 842/2006 shall be repealed. 
References to the repealed Regul ation shall be construed as refe rences to this Regulation and 
shall be read in accordance with the correlation table in Annex VIII. 
Article 24 
Entry into force 
This Regulation shall enter into force on the 20th day following that of its publication in the 
Official Journal of the European Union . 
It shall apply from 1 January 2014. 
This Regulation shall be binding in  its entirety and directly applicable in all Member States. 
Done at Brussels,  
For the European Parliament For the Council 
The President The President EN 31   EN ANNEX I  
Fluorinated greenhouse gases referred to in Article 1 point (1) 
 Substance  
Industrial 
designation  Chemical name 
(Common name) Chemical formula Global warming 
potential46 
 
Section 1: Hydrofluorocarbons (HFCs)  
HFC-23 trifluoromethane 
(fluoroform) CHF 3  14800
HFC-32 difluoromethane CH 2F2 675
HFC-41 fluoromethane  
(methyl fluoride) CH 3F 92
HFC-125 pentafluoroethane CHF 2CF3 3 500
HFC-134 1,1,2,2-tetrafluoroethane CHF 2CHF 2 1  100
HFC-134a 1,1,1,2-tetrafluoroethane CH 2FCF 3 1  430
HFC-143 1,1,2-trifluoroethane CH 2FCHF 2 353
HFC-143a 1,1,1-trifluoroethane CH 3CF3 4  470
HFC-152 1,2-difluoroethane CH 2FCH 2F 53
HFC-152a 1,2-difluoroethane CH 3CHF 2 124
HFC-161 fluoroethane 
(ethyl fluoride) CH 3CH 2F 12
HFC-227ea 1,1,1,2,3,3,3-
heptafluoropropane CF3CHFCF 3  3  220
HFC-236cb 1,1,1,2,2,3-
hexafluoropropane CH 2FCF 2CF3 1  340
HFC-236ea 1,1,1,2,3,3-
hexafluoropropane CHF 2CHFCF 3 1  370
HFC-236fa 1,1,1,3,3,3- CF 3CH 2CF3 9  810
                                                 
46 Based on the Fourth Assessment Report adopted by the Intergovernmental Panel on Climate Change, 
unless otherwise indicated. EN 32   EN hexafluoropropane 
HFC-245 ca 1,1,2,2,3-
pentafluoropropane CH 2FCF 2CHF 2  693
HFC-245fa 1,1,1,3,3-
pentafluoropropane CHF 2CH 2CF3 1030
HFC-
365  mfc 1,1,1,3,3-
pentafluorobutane CF3CH 2CF2CH 3 794
HFC-43-
10 mee 1,1,1,2,2,3,4,5,5,5-
decafluoropentane  CF3CHFCHFCF 2CF3 1  640
Section 2: Perfluorocarbons (PFCs)  
 PFC-14 perfluoromethane 
(carbon tetrafluoride) CF4 7  390
 PFC-116 hexafluoroethane 
(perfluoroethane) C2F6 12  200
 PFC-218 octafluoropropane 
(perfluoropropane) C3F8 8  830
 PFC-3-1-10 
(R-31-10) decafluorobutane 
(perfluorobutane) C4F10  8  860
 PFC-4-1-12 
(R-41-12)  dodecafluoropentane 
(perfluoropentane)  C5F12 9 160
 PFC-5-1-14 
(R-51-14)  tetradecafluorohexane 
(perfluorohexane)  C6F14  9 300
 PFC-c-318  octafluorocyclobutane
 (perfluorocyclobutane)  c-C
4F8 10 300
Section 3: Other perfluorinated compounds  
 sulphur hexafluoride SF 6  22  800EN 33   EN ANNEX II  
Other fluorinated gases subject to rep orting in accordance with Article 17 
Substance  
Common name / industrial 
designation Chemical formula Global warming potential47 
Section 1: Unsaturated hydrofluorocarbons  
HFC-1234yf CF 3CF=CH 2 4 Fn 48
HFC-1234ze  trans — CHF=CHCF 3 7 Fn 48
Section 2: Fluorinated ethers  
HFE-125  CHF 2OCF 3 14  900  
HFE-134  CHF 2OCHF 2  6 320 
HFE-143a  CH 3OCF 3 756 
HCFE-235da2  CHF 2OCHClCF 3 350 
HFE-245cb2  CH 3OCF 2CF3 708 
HFE-245fa2  CHF 2OCH 2CF3 659 
HFE-254cb2  CH 3OCF 2CHF 2 359 
HFE-347  mcc3  CH 3OCF 2CF2CF3 575 
HFE-347pcf2  CHF 2CF2OCH 2CF3 580 
HFE-356pcc3  CH 3OCF 2CF2CHF 2 110 
HFE-449sl (HFE-7100) C4F9OCH 3 297 
HFE-569sf2 (HFE-7200) C4F9OC 2:5 59
HFE-43-10pccc124 (H-Galden 
1040x) CHF 2OCF 2OC 2F4OCHF 2  1 870 
HFE-236ca12 (HG-10)  CHF 2OCF 2OCHF 2  2  800
                                                 
47 Based on the Fourth Assessment Report adopted by the Intergovernmental Panel on Climate Change, 
unless otherwise indicated. 
48 GWP according to the Report of the 2010 Assessment of the Montreal Protocol Scientific Assessment 
Panel (SAP), Tables 1-11, citing two peer-reviewed scien tific references. 
 http://ozone.unep.org/Assessment_Panels/SA P/Scientific_Assessment_2010/index.shtml . EN 34   EN HFE-338pcc13 (HG-01)  CHF 2OCF 2CF2OCHF 2  1  500 
 (CF 3)2CFOCH 3  343
 CF3CF2CH 2OH 42
 (CF 3)2CHOH  195
HFE-227ea  CF3CHFOCF 3 1 540
HFE-236ea2 CHF 2OCHFCF 3 989
HFE-236fa CF3CH 2OCF 3 487 
HFE-245fa1  CHF 2CH 2OCF 3  286
HFE 263fb2  CF3CH 2OCH 3 11
HFE-329  mcc2 CHF 2CF2OCF 2CF3 919
HFE-338  mcf2 CF3CH 2OCF 2CF3 552
HFE-347  mcf2 CHF 2CH 2OCF 2CF3 374
HFE-356  mec3 CH 3OCF 2CHFCF 3  101
HFE-356pcf2  CHF 2CH 2OCF 2CHF 2 265
HFE-356pcf3 CHF 2OCH 2CF2CHF 2  502
HFE 365  mcf3 CF3CF2CH 2OCH 3 11
HFE-374pc2 CHF 2CF2OCH 2CH 3  557
 - (CF 2)4CH (OH) - 73
 (CF 3)2CHOCHF 2 380
 (CF 3)2CHOCH 3 27
Section 3: Other perfluorinated compounds  
PFPMIE CF3OCF(CF 3)CF 2OCF 2OCF 3 10 300
nitrogen trifluoride NF 3 17  200
trifluoromethyl sulphur SF 5CF3 17  700EN 35   EN pentafluoride 
perfluorocyclopropane c-C 3F6  17  340 Fn 49
                                                 
49 Minimum value according to UNFCCC Forward Action Request. EN 36   EN ANNEX III  
Placing on the market prohibitio ns referred to in Article 9(1) 
Products and equipment   
Where relevant, the global warming potential (GWP) of mixtures containing 
fluorinated greenhouse gases shall be calculated in accordance with Annex IV, 
as provided for in Article 9(1) subparagraph 2. Date of prohibition  
1. Non-refillable containers for fluorinated greenhouse gases used to 
service, maintain or fill refrigera tion, air-conditioning or heat-pump 
equipment, fire protection systems or  switchgear, or for use as solvents  4 July 2007  
2. Non-confined direct evaporation systems that contain HFCs and PFCs as 
refrigerants  4 July 2007  
that contain PFCs 4 July 2007 3. Fire protection systems and fire 
extinguishers 
that contain HFC-23 1 January 2015 
4. Windows for domestic use that contain fluorinated greenhouse gases 4 July 2007  
5. Other windows that contain fluorinated greenhouse gases 4 July 2008  
6. Footwear that contains fluorinated greenhouse gases 4 July 2006  
7. Tyres that contain fluorinated greenhouse gases 4 July 2007  
8. One-component foams, except when required to meet national safety 
standards, that contain fluorinated greenhouse gases with GWP of 150 or 
more 4 July 2008  
9. Aerosol generators marketed and intended for sale to the general public 
for entertainment and decorative purposes, as listed in point 40 of Annex 
XVII to Regulation (EC) No 1907/200650, and signal horns that contain 
HFCs with GWP of 150 or more  4 July 2009  
10. Domestic refrigerators and freezers that contain HFCs containing HFCs 
with GWP of 150 or more 1 January 2015 
11. Refrigerators and freezers for the 
storage, display or distribution of that contain HFCs with GWP of 2500 
or more 1 January 2017 
                                                 
50 Regulation (EC) No 1907/2006 of  the European Parliament and of  the Council of 18 December 2006 
concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), OJ L 
396, 30.12.2006, p. 1. EN 37   EN products in retail and food 
service ("commercial use") - 
hermetically sealed systems  that contain HFCs with GWP of 150 
or more 1 January 2020  
12. Movable room air-conditioning appliances (hermetically sealed 
equipment which is movable between rooms by the end user) that contain HFCs with GWP of 150 or more 1 January 2020 EN 38   EN ANNEX IV  
Method of calculating the total global warm ing potential of a mixture referred to in 
Articles 9(1) and 11(3) 
The total global warming potentia l (GWP) of a mixture that c ontains fluorinated greenhouse 
gases is calculated as a weighted average, deri ved from the sum of the weight fractions of the 
individual substances multiplied by their GWP, unless otherwise specified, including 
substances that are not fluorinated greenhouse gases. 
Σ (Substance X % x GWP) + (Substance Y % x GWP) + … (Substance N % x GWP), 
where % is the contribution by weight with a weight tolerance of +/- 1  %. 
For example: applying the formula to  a blend of gases consisting of 60  % dimethyl ether, 10  % 
HFC-152a and 30  % isobutane: 
Σ (60  % x 1) + (10  % x 125) + (30  % x 4) 
→ Total GWP = 14.3 
The GWP of the following non-fluorinated substa nces are used to cal culate the GWP of 
mixtures. For other substances not listed in this annex a default value of 0 applies. 
Substance 
Common name  Industrial 
designation  Chemical Formula  Global warming potential
51 
Methane   CH 4 25  
Nitrous oxide  N2O  298
Dimethyl ether  CH 3OCH 3 1
Methylene 
chloride  CH 2Cl2 9
Methyl chloride  CH 3Cl 13
Chloroform  CHCl 3 31
Ethane R-170 CH 3CH 3 6
Propane R-290 CH 3CH 2CH 3 3
Butane  R-600 CH 3CH 2CH 2CH 3 4
                                                 
51 Based on the Fourth Assessment Report adopted by the Intergovernmental Panel on Climate Change, 
unless otherwise indicated. EN 39   EN Isobutane R-600a CH(CH 3)2CH 3 3
Pentane R-601 CH 3CH 2CH 2CH 2CH 3 20
Isopentane R-601a (CH 3)2CHCH 2CH 3 4
Ethoxyethane  
(Diethyl ether)  R-610 CH 3CH 2OCH 2CH 3 4
Methyl formate R-611 HCOOCH 3 25
Hydrogen R-702 H2 6
Ammonia R-717 NH 3 0
Ethylene R-1150 C2H5 4
Propylene R-1270 C3H6 2
 EN 40   EN ANNEX V  
Calculation of the maximum quantity, reference values and quotas for placing 
hydrofluorocarbons on the market 
The maximum quantity referred to in Article  13(1) shall be calculated by applying the 
following percentages to the annual average of the total quantity produced and imported into the Union during the period from 2008 to 2011:  
Years  
2015 100  % 
2016–17 93  % 
2018–20 63  % 
2021–23 45  % 
2024–26 31  % 
2027–29 24  % 
2030 21  % 
The maximum quantity, reference values and quotas for placing hydrofluorocarbons on the 
market referred to in Articles 13 and 14 shall be  calculated as the aggreg ated quantities of all 
types of hydrofluorocarbons, expressed in tonne(s) of CO 2 equivalent. 
The calculation of reference va lues and quotas for placing hy drofluorocarbons on the market 
referred to in Articles 13 and 14 shall be based on the quantities of hydrofluorocarbons 
producers and importers have pl aced on the market in the Un ion during an allocation period. 
Quantities transferred to an unde rtaking to be exporte d in the same alloca tion period, are not 
taken into account for calculating a quota or assessing compliance with Article 13(2), 
provided the export takes plac e during the same period and the exporter reports it in 
accordance with Article 17(1). The transaction must be verified  in accordance with Article 
17(4) regardless of the quantities involved. EN 41   EN ANNEX VI  
Allocation mechanism refer red to in Article 14 
1. Determination of the quantity to be allo cated to undertakings for which a reference 
value has been established under Article 14(1) and (3) 
Each undertaking for which a reference valu e has been established receives a quota 
corresponding to 95  % of the reference value multiplied by the percentage indicated in Annex 
V for the respective year. 
2. Determination of the quantity to be allo cated to undertakings that have submitted a 
declaration under Article 14(2) 
The sum of the quotas allocated under point 1 is subtracted from the maximum quantity for 
the given year set out in Annex V to determine the quantity to be allocated to undertakings for 
which no reference value has been established and which have submitted a declaration under Article 14(3) (quantity to be allocat ed in step 1 of the calculation). 
2.1. Step 1 of the calculation  
Each undertaking receives an allocation co rresponding to the quantity requested in its 
declaration, but no more than a pro-rata share of the quantity to be allocated in step 1. 
The pro-rata share is calculated by dividing 100 by the number of u ndertakings that have 
submitted a declaration. The sum of the quotas a llocated in step 1 is subtracted from the 
quantity to be allocated in step 1 to determ ine the quantity to be allocated in step 2. 
2.2. Step 2 of the calculation  
Each undertaking that has not obtained 100
 % of the quantity requested  in its declaration in 
step 1 receives an additional allocation corresponding to the difference between the quantity requested and the quantity obtained in step 1. However, this must not exceed the pro-rata share of the quantity to be allocated in step 2. 
The pro-rata share is calculat ed by dividing 100 by the number of  undertakings eligible for an 
allocation in step 2. The sum of the quotas alloca ted in step 2 is subtracted from the quantity 
to be allocated in step 2 to determine the quantity to be al located in step 3. 
2.3. Step 3 of the calculation  
Step 2 is repeated until the remaining quantity to  be allocated in the next phase is less than 
1 000 tonnes of CO
2 equivalent. 
3. Determination of the quantity to be allo cated to undertakings that have submitted a 
declaration under Article 13(4) EN 42   EN The sum of the quotas allocated under points 1 and 2 is subtracted from the maximum 
quantity for the given year set out in Annex V to determine th e quantity to be allocated to 
undertakings for which a reference value has been established and that have submitted a 
declaration under Article 14(4). 
The allocation mechanism set out under points 2.1 and 2.2 applies. EN 43   EN ANNEX VII  
Data to be reported pursuant to Article 17  
1. Each producer referred to in  Article 17(1) shall report on: 
(a) the total production of each substance in the Union, identifying the main 
categories of application in which the substance is used; 
(b) the quantities of each subs tance it has placed on the market in the Union; 
(c) the quantities of each substance that have been recycled, reclaimed and 
destroyed, respectively; 
(d) any stocks held at the beginning and the end of the reporting period. 
2. Each importer referred to in  Article 17(1) shall report on: 
(a) the quantity of each substance it has im ported into the Union, identifying the 
main categories of application in  which the substance is used; 
(b) the quantities of each substance that have been recycled, reclaimed and 
destroyed, respectively. 
3. Each exporter referred to in  Article 17(1) shall report on: 
(a) the quantities of each substance that it ha s exported from the EU other than to 
be recycled, reclaimed or destroyed; 
(b) any quantities of each substance that it has exported to be recycled, to be 
reclaimed and to be destroyed, respectively. 
4. Each undertaking referred to in Article 17(2) sh all report on:  
(a) the quantities of each substance destr oyed, including quantities contained in 
products or equipment; 
(b) any stocks of each substance waiting to  be destroyed, including quantities 
contained in products or equipment; 
(c) the technology used for the destruction. 
5. Each undertaking referred to in  Article 17(3) shall report on: 
(a) the categories of the products or equipment; 
(b) the number of units; 
(c) any quantities of each substance contai ned in the products or equipment. EN 44   EN ANNEX VIII  
Correlation table 
Regulation (EC) No 842/2006 This Regulation 
Article 1 - 
Article 2 Article 1 
Article 3(1) Article 2(2) 
Article 3(2), first subpa ragraph Article 3(1) 
Article 3(2), second subparagraph Article 2(3), second subparagraph 
Article 3(2), third subparagraph Article 3(1), first subparagraph 
Article 3(3) Article 3(3) 
Article 3(4) Article 3(4) 
Article 3(5) Article 3(5) 
Article 3(6) Article 4(1) 
Article 3(7) Article 3(6) 
Article 4(1) Article 6(1) 
Article 4(2) Article 6(3) 
Article 4(3) Article 6(4) 
Article 4(4) Article 6(5) 
Article 5(1) Article 8(7) 
Article 5(2), first sentence Article 8(1) and (4) 
Article 5(2), second sentence Ar ticle 8(6), first sentence 
Article 5(2), third sentence Article 8(6), second sentence 
Article 5(3) Article 2(5) 
Article 5(4) Article  2(4) point (d) 
Article 5(5) Article 8(8) 
Article 6(1), first subparagraph Article 17(1), first subparagraph EN 45   EN Article 6(1)  Article 17(1) and Annex VII 
Article 6(2) Article 17(5) 
Article 6(3) Article 17(6) 
Article 6(4) Article 18(1) 
Article 7(1) first subparagraph, first
 sentence Article 10(1) 
Article 7(1) second subparagraph, second 
and third sentence Article 10(2) and (3) 
Article 7(2) Article 10(1), first subparagraph 
Article 7(3), first sentence Article 10(6) 
Article 7(3), second sentence Article 10(7) 
Article 8(1) Article 11(1) 
Article 8(2) Article 11(2) 
Article 9(1) Article 9(1) 
Article 9(2) - 
Article 9(3) - 
Article 10 19(3) 
Article 11 - 
Article 12 Article 21 
Article 13(1) Article 22(2), first subparagraph 
Article 13(2) Article 22(2), second subparagraph 
Article 14 - 
Article 15 Article 24 
Annex I — Part 1 Annex I 
Annex I — Part 2 Annex IV 
Annex II Annex III