Opinion of the European Economic and Social Committee on the ‘proposal for a Regulation of the European Parliament and of the Council on certain fluorinated greenhouse gases’ (COM(2003) 492 final – 0189/2003 COD)
Date: 2004-01-28
Institutions: European Economic and Social Committee
Subjects: environmental policy, environmental protection, greenhouse gas, reduction of gas emissions, stratospheric pollutant

C 108/62

EN

Official Journal of the European Union

30.4.2004

Opinion of the European Economic and Social Committee on the ‘proposal for a Regulation of the
European Parliament and of the Council on certain fluorinated greenhouse gases’

(COM(2003) 492 final – 0189/2003 COD)

(2004/C 108/12)

On 9 September 2003, the Council decided to consult the European Economic and Social Committee,
under Article 95 of the Treaty establishing the European Community, on the above-mentioned proposal.

The Section for Agriculture, Rural Development and the Environment, which was responsible for preparing
the Committee's work on this subject, adopted its opinion on 18 December 2003 The rapporteur was
Mr Sears.

At its 495th plenary session held on 28 and 29 January 2004 (meeting of 28 January 2004), the European
Economic and Social Committee adopted the following opinion unanimously.

1. Introduction

including fire-fighting, semi-conductor and switch gear manu-
facture and the production of magnesium.

1.1
The earth is surrounded by gases, some of which absorb
and reflect heat, causing temperatures at ground level to rise.
the gases
This is the greenhouse effect. Concentrations of
causing this (carbon dioxide, methane, water vapour, nitrous
oxide, ozone and some deliberately made substances including
fluorinated gases) have increased as a result of human activity.

If

1.2
these trends, and the associated global warming,
cannot be restrained or reversed, they will lead to permanent
and potentially harmful climate change. Balancing this with the
needs of peoples at all levels of development around the globe
is the greatest challenge currently facing humanity.

1.3
The international response was defined in the United
Nations Framework Convention on Climate Change (UNFCCC),
adopted in 1992, and by the Kyoto Protocol of 1997. The EU
has made climate change a priority for its 6th Environment
Action Programme 2001-2010.

1.4
In June 2000 the EU established the European Climate
Change Programme (ECCP) as a multi-stakeholder consultative
process to determine how the EU could best meet its Kyoto
targets. In its first report in June 2001, the ECCP identified 42
cost-effective options to reduce greenhouse emissions by 664-
765 million tonnes carbon dioxide equivalent (MT CO2 eq.).
These included actions to restrict the use and emissions of
certain fluorinated gases.

2.2
These substances are powerful greenhouse gases covered
by the Kyoto Protocol. The actions proposed are expected to
reduce their emissions by 23 million tonnes to 75 MT CO2 eq.
further reductions as the
by 2010, with the possibility of
measures take full effect.

The proposal

is based on Article 95 of

2.3
the Treaty.
Measures to harmonise requirements on monitoring, contain-
ment and use will assist Member States in meeting their obliga-
tions under the Kyoto Protocol, whilst providing essential
protection for the internal market.

Article 3 provides for the monitoring and containment
2.4
of
leaks from stationary refrigeration, air-conditioning, heat
pump and fire protection systems. Article 4 refers to the servi-
cing and end-of-use recovery of the gases for recycle, reclama-
tion or destruction. Article 6 requires producers, importers and
exporters to maintain records of production, trade in and use
of these fluorinated gases, and to report these data to the
Commission. Articles 7 and 8 prohibit the placing on the
market and subsequent use of certain fluorinated gases in
specific applications.

2. Summary of the Commission's proposal

2.1
The proposal seeks to limit emissions of hydrofluorocar-
bons (HFCs), perfluorocarbons (PFCs) and sulphur hexafluoride
(SF6), used widely as refrigerants, cleaning solvents and foam
blowing agents, and in medical and specialty applications,

2.5
Articles 9 and 10 deal specifically with the use of fluori-
nated gases in Mobile Air-Conditioning systems (MACs) in cars
and light goods vehicles. A transferable quota system is
proposed to allow manufacturers time to introduce the neces-
sary changes in a cost-effective manner. Other than as provided
for in Article 10, the use of fluorinated gases with a Global
Warming Potential (GWP, after 100 years, v CO2 taken as 1)
>150 to fill new vehicles placed on the market from 1 January
2009 is prohibited.

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3. General comments

3.1
The EESC recognises the continuing and urgent need to
reduce global greenhouse gas emissions and strongly supports
the Commission in its drive for full ratification of the Kyoto
Protocol. It therefore welcomes this proposal on the control
and use of certain fluorinated gases. The actions proposed have
been developed in conjunction with affected stakeholders to
provide Member states with cost-effective measures to meet
their emissions reduction targets. The EESC hopes that these
will
in turn provide models for countries outside the EU to
follow.

3.2
The activities covered by the proposal (refrigeration, air
conditioning, medical and specialty applications) are increas-
ingly regarded as essential to the continuation of human life.
Without them, the daily provision of fresh food would become
impossible, and the undertaking of safe and productive activity
at home, at work or during travel would become increasingly
difficult.

3.3
However activities to mitigate these effects of heat can
also contribute to global warming, by the leakage of the refrig-
erants used (direct effects) and by the increased use of power to
drive the cooling system (indirect effects).
Indirect effects
normally outweigh direct effects. For a domestic refrigerator
the power usage accounts for 96 % of total emissions. The use
of a MAC unit in a car increases fuel use and emissions by up
to 20 %.

is

The

choice of

3.4
largely restricted to
refrigerant
ammonia, carbon dioxide, water, hydrocarbons or fluorocar-
bons (HFCs). Each has advantages and disadvantages; no new
molecules are expected to be identified for this use in the short
term. Chlorofluorocarbons (CFCs), introduced in the 1930s as
safe and cheap alternatives to ammonia, sulphur dioxide or
hydrocarbons, are already being phased out under the Montreal
Protocol due to their high Ozone Depleting Potentials (ODPs);
they also tend to have high GWPs.

For domestic refrigeration, the problem of flammability
3.5
of the preferred replacement, iso-butane, has been overcome,
with low initial charges (30-60gms) and leakage rates, and the
use of explosion proof electrical systems.

3.6
Commercial systems depend on ammonia on remote
sites or where there are trained personnel used to working in
potentially hazardous conditions, or on mixtures of HFCs, e.g.,
in supermarkets, where safety is paramount due to the presence
of the public. In these cases, improved design, monitoring and
containment are essential.

The growth in demand for MACS in private cars follows
3.7
falling costs and growing awareness of the effects of
local
climate change. However, the initial charge (750gms) of refrig-
erant, typically HFC 134a with low flammability but a GWP of

1300, is far larger than in a domestic refrigerator. Lifetime use
is much greater (1200-2400gms). Indirect effects are greater
still.

3.8
Under these conditions, redesign and better containment
are imperative, to permit the safe use of either HFC 152a,
which is mildly flammable but with a GWP of only 140;
butane, which is extremely flammable but with a GWP of only
3; or of carbon dioxide which is non-flammable but which
requires higher pressures, may result in higher fuel use and
which could lead to asphyxiation of those inside the vehicle in
the event of an accident. The implications for engine and body
design, servicing and end of life venting or recycling are all
important.

The EESC believes that greater urgency is required so
3.9
that MACs can be incorporated within the type approval
process for all new models placed on the European market.
The development by the Commission of EU standards for the
total emissions and their
measurement of
impact on air pollution and climate change, with and without
MACs in use, are key steps towards this.

leakages and of

The EESC agrees with the Commission that, in order to
3.10
safeguard the global environment,
the Treaty base for this
proposal should be Article 95, to provide direction and protec-
tion to the internal market in the sectors most affected. For full
impact, it is essential to establish long term sustainable trends
in consumer preferences and in associated manufacturing inno-
vation in these globally supplied industries. The EU needs to
maintain its leadership role, continuing the process of consulta-
tion with stakeholders and providing incentives for positive
actions and a framework in which they can be undertaken in a
timely and cost-effective manner.

3.11
National governments have important roles to play in
this via exchange of best practice, e.g., monitoring systems in
place in Sweden (reducing leaks from commercial and retail
installations from 30-40 % to 5-8 %) and the Netherlands (the
STEK system for leak-free refrigeration equipment) and in the
provision of systems to inform and reward consumer choice on
decisions affecting the global environment. Energy labelling,
already having a major impact on domestic systems, should be
extended to commercial and mobile systems as quickly as
possible.

3.12
to the
As a number of countries already subject
Montreal and Kyoto Protocols but in different stages and with
different rates of internal development accede to the EU, the
EESC encourages the Commission to continue to work for
sustainable and realistic reductions in the emission of green-
house gases, protecting the widened internal market and
providing a level playing field for manufacturers and importers.
The EESC agrees that a Regulation is the appropriate legal
instrument for this proposal.

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4. Specific comments

The recital must include considerations of the safety and
4.1
health of all those involved throughout the life cycle of the
products concerned.

4.2
Some definitions are missing. Clarity is required over
stationary systems. The Commission
'operator'/'owner' of
should work with the affected parties to ensure that real-life
situations are fully covered.

4.3
The recommendations with respect to containment are
weak, with little requirement for action or for focused moni-
toring of unreliable and leaky installations. The Swedish and
Dutch systems should be followed more closely. As incentives
grow to reduce leaks at the design stage, so the frequency of
monitoring of new energy-efficient installations with demon-
strated low leakage rates should be allowed to decrease. This
should be irrespective of the refrigerant used. Users should see
leak reduction both as a cost benefit and as a contribution to
their environmental performance. Voluntary agreements, label-
information via trade journals, and
ling and award schemes,
consumer recognition of progress made, can all be utilised to
bring about the desired changes to existing practices.

4.4
Article 5 provides for training for personnel involved in
containment and recovery, but not for installation, maintenance
and inspection. This will be essential if the changes are to be
effective.

4.5
The EESC supports the reporting processes outlined in
Article 6. National reporting against EU air standards is of vari-
able quality: without a consistent and robust database, it will be
hard to determine what progress has been made or what
further actions are required.

4.6
Given the need to balance hazards and benefits in refrig-
eration and air conditioning, it would be preferable for these
specific activities to be the subject of future legislative action,

Brussels, 28 January 2004.

including type approval
for MACs,
focusing on only one set of refrigerants.

rather

than, as here,

4.7
The quota system for emissions from MACs is complex
and it is hard to see that it is strictly necessary. Provided the
time-scale is realistic, type approvals for new models based on
all aspects of energy efficiency and emissions limitation and
applying equally to manufacturers and importer from, say,
2012, would be the preferred course. A cut-off date should also
be set, e.g. 2020, by which time all new cars, whether new or
existing models, should be fully compliant with the new stan-
dards. Schemes to increase the replacement rate for existing
non-compliant models should also be encouraged.

4.8
Finally the role and responsibility of the consumer is
critical. Where activities are regarded as essential, the consumer
should be aware of the choices available and of the conse-
quences of each choice. Where there are special costs, for
instance for servicing or at disposal, these should be identified
and passed on. Labelling schemes have played an important
role in increasing the energy efficiency of domestic refrigera-
tors; this, with the Commission's help, should be extended to
other aspects of refrigeration and air conditioning as quickly as
possible.

4.9
For other applications which are optional but relatively
trivial or for which safer alternatives are readily available, then
the Commission's approach as set out in Articles 7, 8 and in
Annex II seems appropriate and is supported by the EESC.
Voluntary agreements, accompanied by steady progress and the
exchange of best practice, are preferred in complex and essen-
tial areas such as drug delivery via Measured Dose Inhalers
(MDIs).

Other uses of fluorinated gases, e.g.,

4.10
in heavy goods
vehicles, and in road, rail and sea-borne refrigeration systems,
not covered by this proposal should be included in later propo-
sals when the necessary data become available.

The President

of the European Economic and Social
Committee

Roger BRIESCH