DIRECTIVE 2006/40/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 17 May 2006

relating to emissions from air-conditioning systems in motor vehicles and amending Council

Directive 70/156/EEC

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE

EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and

Social Committee (1),

Acting in accordance with the procedure laid down in Article 251

of the Treaty (2), in the light of the joint text approved by the

Conciliation Committee on 14 March 2006,

Whereas:

(1) The internal market comprises an area without internal

frontiers in which the free movement of goods, persons,

services and capital must be ensured, and to that end a

Community type-approval system for motor vehicles is in

place. The technical requirements for the type-approval of

motor vehicles with regard to air-conditioning systems

should be harmonised to avoid the adoption of requirements that differ from one Member State to another and to

ensure the proper functioning of the internal market.

(2) A growing number of Member States intend to regulate the

use of air-conditioning systems in motor vehicles as a

consequence of Council Decision 2002/358/EC of 25 April

2002 concerning the approval, on behalf of the European

Community, of the Kyoto Protocol to the United Nations

Framework Convention on Climate Change and the joint

fulfilment of commitments thereunder (3). The Decision

commits the Community and its Member States to reduce

their aggregate anthropogenic emissions of greenhouse

gases listed in Annex A to the Kyoto Protocol by 8 %

compared to 1990 levels in the period from 2008 to 2012.

The uncoordinated implementation of these commitments

carries the risk of creating barriers to the free movement of

motor vehicles in the Community. Therefore it is appropriate to lay down the requirements to be fulfilled by air

conditioning systems fitted to vehicles in order to be

allowed on the market and to prohibit from a certain date

air conditioning systems designed to contain fluorinated

greenhouse gases with a global warming potential

higher than 150.

(3) Emissions of hydrofluorocarbon-134a (HFC-134a), which

has a global warming potential of 1 300, from airconditioning systems in motor vehicles are of growing

concern because of their impact on climate change. Costeffective and safe alternatives to hydrofluorocarbon‐134a

(HFC-134a) are expected to be available in the near future.

A review should be carried out to establish, in the light of

progress in potential containment of emissions from, or

replacement of, fluorinated greenhouse gases in such

systems, whether this Directive should be extended to

other categories of motor vehicle and whether the

provisions concerning the global warming potential of

these gases should be amended, taking account of

technological and scientific developments and the need to

respect industrial product planning timescales.

(4) In order to ensure that the prohibition of certain

fluorinated greenhouse gases is effective, there is a need

to limit the possibility of retrofitting motor vehicles with

air-conditioning systems designed to contain fluorinated

greenhouse gases with a global warming potential higher

than 150 and to prohibit filling air-conditioning systems

with such gases.

(5) In order to limit the emissions of certain fluorinated

greenhouse gases from air conditioning systems in motor

vehicles it is necessary to establish limit values for leakage

rates and the test procedure for the assessment of leakage in

air conditioning systems designed to contain fluorinated

greenhouse gases with a global warming potential higher

than 150 which are fitted to motor vehicles.

(6) In order to contribute to the fulfilment of the commitments

of the Community and its Member States under the

UN Framework Convention on Climate Change, the Kyoto

Protocol and Decision 2002/358/EC, Regulation (EC)

No 842/2006 of the European Parliament and of the

Council of 17 May 2006 on certain fluorinated greenhouse

gases (4) and this Directive, which both contribute to the

reduction of emissions of fluorinated greenhouse gases,

should be adopted and published in the Official Journal of the

European Union simultaneously.

L 161/12 EN Official Journal of the European Union 14.6.2006

(

1) OJ C 108, 30.4.2004, p. 62.

(

2) Opinion of the European Parliament of 31 March 2004 (OJ C 103 E,

29.4.2004, p. 600), Council Common Position of 21 June 2005 (OJ

C 183 E, 26.7.2005, p. 17) and Position of the European Parliament of

26 October 2005 (not yet published in the Official Journal).

Legislative Resolution of the European Parliament of 6 April 2006

and Council Decision of 25 April 2006.

(

3) OJ L 130, 15.5.2002, p. 1. (4) See page 1 of this Official Journal.
(7) Any manufacturer of vehicles should make available to the

approval authority all relevant technical information

regarding the installed air-conditioning systems and the

gases used in them. In the case of air conditioning systems

designed to contain fluorinated greenhouse gases with a

global warming potential higher than 150, the manufacturer should also make available the leakage rate of these

systems.

(8) The measures necessary for the implementation of this

Directive should be adopted in accordance with Council

Decision 1999/468/EC of 28 June 1999 laying down the

procedures for the exercise of implementing powers

conferred on the Commission (1).

(9) This Directive is one of the separate directives of the EC

type-approval procedure which was established by Council

Directive 70/156/EEC of 6 February 1970 on the

approximation of the laws of the Member States relating

to the type-approval of motor vehicles and their trailers (2).

Consequently, Directive 70/156/EEC should be amended

accordingly.

(10) Since the objectives of this Directive, namely to control the

leakage of the specific fluorinated greenhouse gases in the

air-conditioning systems fitted to vehicles and to prohibit

from a certain date air-conditioning systems designed to

contain fluorinated greenhouse gases with a global

warming potential higher than 150, cannot be sufficiently

achieved by the Member States acting alone and can

therefore, by reason of the scale and effects of this Directive,

be better achieved at Community level, the Community

may adopt measures, in accordance with the principle of

subsidiarity as set out in Article 5 of the Treaty. In

accordance with the principle of proportionality as set out

in that Article, this Directive does not go beyond what is

necessary in order to achieve those objectives.

(11) In accordance with paragraph 34 of the Interinstitutional

Agreement on better law-making (3), Member States are

encouraged to draw up, for themselves and in the interests

of the Community, their own tables which will, as far as

possible, illustrate the correlation between this Directive

and the transposition measures, and to make them public,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Subject matter

This Directive lays down the requirements for the EC typeapproval or national type-approval of vehicles as regards

emissions from, and the safe functioning of, air-conditioning

systems fitted to vehicles. It also lays down provisions on

retrofitting and refilling of such systems.

Article 2

Scope

The Directive shall apply to motor vehicles of categories M1 and

N1 as defined in Annex II of Directive 70/156/EEC. For the

purpose of this Directive, vehicles of category N1 are limited to

those of class I as described in the first table in point 5.3.1.4 of

Annex I to Council Directive 70/220/EEC of 20 March 1970 on

the approximation of the laws of the Member States on measures

to be taken against air pollution by emissions from motor

vehicles (4), as inserted by Directive 98/69/EC of the European

Parliament and of the Council (5).

Article 3

Definitions

For the purposes of this Directive the following definitions shall

apply:

1. ‘vehicle’ means any motor vehicle falling within the scope

of this Directive;

2. ‘vehicle type’ means a type as defined in section B of

Annex II of Directive 70/156/EEC;

3. ‘air-conditioning system’ means any system whose main

purpose is to decrease the air temperature and humidity of

the passenger compartment of a vehicle;

4. ‘dual evaporator system’ means a system where one

evaporator is mounted in the engine compartment and

the other in a different compartment of the vehicle; all

other systems shall be considered ‘single evaporator

systems’;

5. ‘fluorinated greenhouse gases’ means hydrofluorocarbons

(HFCs), perfluorocarbons (PFCs) and sulphur hexafluoride

(SF6) as referred to in Annex A of the Kyoto Protocol and

preparations containing these substances, but excludes

substances controlled under Regulation (EC) No 2037/

2000 of the European Parliament and of the Council of

29 June 2000 on substances that deplete the ozone

layer (6);

6. ‘hydrofluorocarbon’ means an organic compound consisting of carbon, hydrogen and fluorine, and where no more

than six carbon atoms are contained in the molecule;

14.6.2006 EN Official Journal of the European Union L 161/13

(

1) OJ L 184, 17.7.1999, p. 23.

(

2) OJ L 42, 23.2.1970, p. 1. Directive as last amended by Commission

Directive 2006/28/EC (OJ L 65, 7.3.2006, p. 27).

(

3) OJ C 321, 31.12.2003, p. 1.

(

4) OJ L 76, 6.4.1970, p. 1. Directive as last amended by Commission

Directive 2003/76/EC (OJ L 206, 15.8.2003, p. 29).

(

5) OJ L 350, 28.12.1998, p. 1.

(

6) OJ L 244, 29.9.2000, p. 1. Regulation as last amended by

Commission Regulation (EC) No 29/2006 (OJ L 6, 11.1.2006, p. 27).
7. ‘perfluorocarbon’ means an organic compound consisting

of carbon and fluorine only, and where no more than six

carbon atoms are contained in the molecule;

8. ‘global warming potential’ means the climatic warming

potential of a fluorinated greenhouse gas relative to that of

carbon dioxide. The global warming potential (GWP) is

calculated in terms of the 100 year warming potential of

one kilogram of a gas relative to one kilogram of CO2. The

relevant GWP figures are those published in the third

assessment report adopted by the Intergovernmental Panel

on Climate Change (2001 IPCC GWP values) (1);

9. ‘preparation’ means a mixture composed of two or more

substances at least one of which is a fluorinated greenhouse

gas. The total global warming potential (2) of the preparation shall be determined in accordance with Part 2 of the

Annex;

10. ‘retrofitting’ means installing an air-conditioning system in

a vehicle after it has been registered.

Article 4

Obligations of the Member States

1. Member States shall grant, as appropriate, EC type-approval

or national type-approval, with regard to emissions from air

conditioning systems, only to vehicle types that satisfy the

requirements of this Directive.

2. For the purpose of granting whole vehicle type-approval

pursuant to Article 4(1)(a) of Directive 70/156/EEC, Member

States shall ensure that manufacturers supply information on the

type of refrigerant used in air-conditioning systems fitted to new

motor vehicles.

3. For the purpose of type-approval of vehicles fitted with airconditioning systems designed to contain a fluorinated greenhouse gas with a global warming potential higher than 150,

Member States shall ensure that, in accordance with the

harmonised leakage detection test referred to in Article 7(1),

the leakage rate of such gases shall not exceed the maximum

permissible limits laid down in Article 5.

Article 5

Type-approval

1. With effect from six months from the date of adoption of a

harmonised leakage detection test, Member States may not, on

grounds relating to emissions from air conditioning systems:

(a) refuse, in respect of a new type of vehicle, to grant EC typeapproval, or national type approval; or

(b) prohibit registration, sale or entry into service of new

vehicles,

if the vehicle fitted with an air-conditioning system designed to

contain fluorinated greenhouse gases with a global warming

potential higher than 150 complies with the requirements of this

Directive.

2. With effect from 12 months from the date of adoption of a

harmonised leakage detection test or 1 January 2007, whichever

is later, Member States shall no longer grant EC type-approval or

national type-approval for a type of vehicle fitted with an airconditioning system designed to contain fluorinated greenhouse

gases with a global warming potential higher than 150, unless

the rate of leakage from that system does not exceed 40 grams of

fluorinated greenhouse gases per year for a single evaporator

system, or 60 grams of fluorinated greenhouse gases per year for

a dual evaporator system.

3. With effect from 24 months from the date of adoption of a

harmonised leakage detection test or 1 January 2008, whichever

is later, in respect of new vehicles fitted with air-conditioning

systems designed to contain fluorinated greenhouse gases with a

global warming potential higher than 150, unless the rate of

leakage from that system does not exceed 40 grams of

fluorinated greenhouse gases per year for a single evaporator

system or 60 grams of fluorinated greenhouse gases per year for

a dual evaporator system, Member States shall:

(a) consider certificates of conformity to be no longer valid for

the purposes of Article 7(1) of Directive 70/156/EEC; and

(b) refuse registration and prohibit sale and entry into service.

4. With effect from 1 January 2011 Member States shall no

longer grant EC type-approval or national type-approval for a

type of vehicle fitted with an air conditioning system designed to

contain fluorinated greenhouse gases with a global warming

potential higher than 150.

L 161/14 EN Official Journal of the European Union 14.6.2006

(

1) IPCC Third Assessment Climate Change 2001. A Report of the

Intergovernmental Panel on Climate Change (http://www.ipcc.ch/pub/

reports.htm).

(

2) For the calculation of the GWP of non-fluorinated greenhouse gases

in preparations, the values published in the First IPCC Assessment

shall apply, see: Climate Change, The IPCC Scientific Assessment, J.T.

Houghton, G.J. Jenkins, J.J. Ephraums (ed.), Cambridge University

Press, Cambridge (UK) 1990.
5. With effect from 1 January 2017, in respect of new vehicles

which are fitted with an air-conditioning system designed to

contain fluorinated greenhouse gases with a global warming

potential higher than 150, Member States shall:

(a) consider certificates of conformity to be no longer valid for

the purposes of Article 7(1) of Directive 70/156/EEC; and

(b) refuse registration and prohibit sale and entry into service.

6. Without prejudice to relevant Community law, in particular

Community rules on State aid and Directive 98/34/EC of the

European Parliament and of the Council of 22 June 1998 laying

down a procedure for the provision of information in the field of

technical standards and regulations and of rules on Information

Society services (1), Member States may promote the installation

of air-conditioning systems which are efficient, innovative and

further reduce the climate impact.

Article 6

Retrofitting and refilling

1. With effect from 1 January 2011, air-conditioning systems

designed to contain fluorinated greenhouse gases with a global

warming potential higher than 150 shall not be retrofitted to

vehicles type-approved from that date. With effect from 1 January

2017, such air-conditioning systems shall not be retrofitted to

any vehicles.

2. Air-conditioning systems fitted to vehicles type-approved on

or after 1 January 2011 shall not be filled with fluorinated

greenhouse gases with a global warming potential higher than

150. With effect from 1 January 2017 air conditioning systems

in all vehicles shall not be filled with fluorinated greenhouse

gases with a global warming potential higher than 150, with the

exception of refilling of air-conditioning systems containing

those gases, which have been fitted to vehicles before that date.

3. Service providers offering service and repair for airconditioning systems shall not fill such equipment with

fluorinated greenhouse gases if an abnormal amount of the

refrigerant has leaked from the system, until the necessary repair

has been completed.

Article 7

Implementing measures

1. By 4 July 2007, the Commission shall adopt the measures

for the implementation of Article 4 and Article 5, and in

particular:

(a) the administrative provisions for the EC type-approval of

vehicles; and

(b) a harmonised leakage detection test for measuring the

leakage rate of fluorinated greenhouse gases with a global

warming potential higher than 150 from air-conditioning

systems.

2. The Commission shall adopt the measures in accordance

with the procedure referred to in Article 13 of Directive 70/156/

EEC.

3. The Commission shall publish these measures in the Official

Journal of the European Union.

4. The procedure referred to in paragraph 2 shall apply to the

adoption, where appropriate, of:

(a) measures needed to ensure the safe functioning and proper

servicing of refrigerants in mobile air-conditioning systems;

(b) measures relating to the retrofitting of in-use vehicles with

air-conditioning systems and the refilling of in-use airconditioning systems to the extent not covered by Article 6;

(c) the adaptation of the method for determining the relevant

global warming potential of preparations.

Article 8

Review

1. On the basis of progress in potential containment of

emissions from, or replacement of, fluorinated greenhouse gases

in air-conditioning systems fitted to motor vehicles, the

Commission shall examine whether:

— the present legislation should be extended to other

categories of vehicles, in particular categories M2 and M3

as well as classes II and III of category N1 and

— Community provisions concerning the global warming

potential of fluorinated greenhouse gases should be

amended; any changes should take account of technological

and scientific developments and the need to respect

industrial product planning timescales,

and shall publish a report by 4 July 2011. Where necessary, it

shall present appropriate legislative proposals.

14.6.2006 EN Official Journal of the European Union L 161/15

(

1) OJ L 204, 21.7.1998, p. 37. Directive as last amended by the 2003 Act

of Accession.
2. Where a fluorinated greenhouse gas with a global warming

potential higher than 150, which is not yet covered by the IPCC

report referred to in Article 3(8), is included in a future report of

the IPCC, the Commission shall assess whether it is appropriate

to amend this Directive in order to include that gas. If the

Commission considers it necessary, it shall, in accordance with

the procedure referred to in Article 13 of Directive 70/156/EEC:

— adopt the necessary measures and

— define transition periods for the application of these

measures. In doing so the Commission shall strike a

balance between the need for an appropriate lead-time and

the risk that the fluorinated greenhouse gas poses to the

environment.

Article 9

Amendments to Directive 70/156/EEC

Directive 70/156/EEC is hereby amended in accordance with Part

1 of the Annex to this Directive.

Article 10

Transposition

1. Member States shall adopt and publish by 4 January 2008

the laws, regulations and administrative provisions necessary to

comply with this Directive.

They shall apply those measures from 5 January 2008.

When Member States adopt these measures, they shall contain a

reference to this Directive or shall be accompanied by such a

reference on the occasion of their official publication. The

methods of making such reference shall be laid down by Member

States.

2. Member States shall communicate to the Commission the

text of the main provisions of national law which they adopt in

the field covered by this Directive.

Article 11

Entry into force

This Directive shall enter into force on the 20th day following its

publication in the Official Journal of the European Union.

Article 12

Addressees

This Directive is addressed to the Member States.

Done at Strasbourg, 17 May 2006.

For the European

Parliament

The President

J. BORRELL FONTELLES

For the Council

The President

H. WINKLER

L 161/16 EN Official Journal of the European Union 14.6.2006
ANNEX

PART 1

Directive 70/156/EEC is amended as follows:

1. In Annex IV, part I, a new item numbered 61, and footnote, is inserted as follows:

Subject Directive No Official Journal

reference

Applicability

M1 M2 M3 N1 N2 N3 O1 O2 O3 O4

‘61. Air-conditioning system(2006/40/EC) L 161,

14.6.2006,

p. 12

X X

(

8)

(

8) Only for vehicles of category N1, class I as described in the first table in point 5.3.1.4 of Annex I to Directive 70/220/EEC as

inserted by Directive 98/69/EC.’

2. Annex XI is amended as follows:

(a) in Appendix 1 a new item numbered 61 is inserted as follows:

Item Subject Directive No M1 ≤ 2 500 (1) kg M1 > 2 500 (1) kg M2 M3

‘61 Air-conditioning

system

2006/40/EC X X’

(b) in Appendix 2 a new item numbered 61 is inserted as follows:

Item Subject Directive No M1 M2 M3 N1 N2 N3 O1 O2 O3 O4

‘61 Air-conditioning system2006/40/EC X W’

(c) in Appendix 3 a new item numbered 61 is inserted as follows:

Item Subject Directive No M2 M3 N1 N2 N3 O1 O2 O3 O4

‘61 Air-conditioning system2006/40/EC W’

(d) in ‘Meaning of letters’ the following letter is added:

‘W Only for vehicles of category N1, class I as described in the first table in point 5.3.1.4. of Annex I to

Directive 70/220/EEC as inserted by Directive 98/69/EC.’

14.6.2006 EN Official Journal of the European Union L 161/17
PART 2

Method of calculating the total global warming potential (GWP) for a preparation

The total GWP for a preparation is a weighted average, derived from the sum of the weight fractions of the individual

substances multiplied by their GWPs.

Σ (Substance X % × GWP) + (Substance Y % × GWP) + ... (Substance N % × GWP)

where % is the contribution by weight with a weight tolerance of +/- 1 %.

For example: applying the formula to a theoretical blend of gases consisting of 23 % HFC-32; 25 % HFC-125 and 52 % HFC134a;

Σ (23 % × 550) + (25 % × 3 400) + (52 % × 1 300)

→ Total GWP = 1 652,5.

L 161/18 EN Official Journal of the European Union 14.6.2006