Regulation (EC) No 842/2006 of the European Parliament and of the Council of  17 May 2006  on certain fluorinated greenhouse gases   (Text with EEA relevance)
Date: 2006-05-17
Institutions: Council of the European Union, European Parliament
Subjects: air conditioning, cold store, electrical engineering, greenhouse gas, labelling, maintenance, market approval, reduction of gas emissions

14.6.2006

EN

Official Journal of the European Union

L 161/1

I

(Acts whose publication is obligatory)

REGULATION (EC) No 842/2006 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 17 May 2006

on certain fluorinated greenhouse gases

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

atmosphere at a level which prevents dangerous anthro-
pogenic interference with the climate system.

Having regard to the Treaty establishing the European Commu-
nity, and in particular, Article 175(1) thereof and Article 95
thereof in relation to Articles 7, 8 and 9 of this Regulation,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and
Social Committee (1),

the Kyoto Protocol

(3) Council Decision 2002/358/EC of 25 April 2002 con-
cerning the approval, on behalf of the European Commu-
nity, of
to the United Nations
Framework Convention on Climate Change and the joint
fulfilment of commitments thereunder (5) 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.

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,

(4) Most fluorinated greenhouse gases controlled under the
Kyoto Protocol and this Regulation have a high global
warming potential.

Whereas:

(5)

(1)

(2)

The Sixth Community Environment Action Programme (3)
identifies climate change as a priority for action. That
Programme recognises that the Community is committed
to achieving an 8 % reduction in emissions of greenhouse
gases in the period from 2008 to 2012 compared to 1990
levels, and that,
in the longer-term, global emissions of
greenhouse gases will need to be reduced by approximately
70 % compared to 1990 levels.

The ultimate objective of the United Nations Framework
Convention on Climate Change, which was approved by
Council Decision 94/69/EC of 15 December 1993
concerning the conclusion of the United Nations Frame-
work Convention on Climate Change (4),
is to achieve
in the
stabilisation of greenhouse gas concentrations

for

Provision should be made
the prevention and
minimisation of emissions of fluorinated greenhouse gases,
without prejudice to Council Directive 75/442/EEC of
15 July 1975 on waste (6), Council Directive 96/61/EC of
24 September 1996 concerning integrated pollution
prevention and control (7), Directive 2000/53/EC of the
European Parliament and of the Council of 18 September
2000 on end-of life vehicles (8) and Directive 2002/96/EC
the Council of
of
27 January 2003 on waste electrical and electronic
equipment (WEEE) (9).

the European Parliament and of

(6)

The primary objective of this Regulation is to reduce the
emissions of the fluorinated greenhouse gases covered by
the Kyoto Protocol and thus to protect the environment.

(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. 1) and Position of the European Parliament of
Journal).
26 October 2005 (not yet published in the Official
Legislative Resolution of the European Parliament of 6 April 2006
and Council Decision of 25 April 2006.

(3) Decision No 1600/2002/EC of the European Parliament and of the
Council of 22 July 2002 laying down the Sixth Community
Environment Action Programme (OJ L 242, 10.9.2002, p. 1).

(4) OJ L 33, 7.2.1994, p. 11.

(5) OJ L 130, 15.5.2002, p. 1.
(6) OJ L 194, 25.7.1975, p. 39. Directive as last amended by Regulation
(EC) No 1882/2003 of the European Parliament and of the Council
(OJ L 284, 31.10.2003, p. 1).

(7) OJ L 257, 10.10.1996, p. 26. Directive as last amended by Regulation
(EC) No 166/2006 of the European Parliament and of the Council (OJ
L 33, 4.2.2006, p. 1).

(8) OJ L 269, 21.10.2000, p. 34. Directive as last amended by Council

Decision 2005/673/EC (OJ L 254, 30.9.2005, p. 69).

(9) OJ L 37, 13.2.2003, p. 24. Directive as amended by Directive 2003/

108/EC (OJ L 345, 31.12.2003, p. 106).

L 161/2

EN

Official Journal of the European Union

14.6.2006

The legal base should therefore be Article 175(1) of the
Treaty.

(7) Nevertheless,

it

is appropriate to take measures at
Community level on the basis of Article 95 of the Treaty
to harmonise requirements on the use of
fluorinated
greenhouse gases and the marketing and labelling of
products and equipment containing fluorinated greenhouse
gases. Marketing and use restrictions for certain applica-
tions of
fluorinated greenhouse gases are considered
appropriate where viable alternatives are available and
improvement of containment and recovery is not feasible.
Voluntary initiatives by some industry sectors should also
the
be taken into account, as well as the fact
development of alternatives is still ongoing.

that

(8)

The application and enforcement of this Regulation should
spur technological innovation by encouraging continued
development of alternative technologies and transition to
already existing technologies that are more environmentally
friendly.

(9) Member States should facilitate the cross-border shipment
of recovered fluorinated greenhouse gases for destruction
or reclamation within the Community in accordance with
the Regulation of the European Parliament and of the
Council on shipments of waste (1).

(10) The placing on the market of the products and equipment
containing fluorinated greenhouse gases as
listed in
Annex II is detrimental to the objectives and commitments
of the Community and its Member States with regard to
climate change and it is therefore necessary to restrict the
placing on the market of these products and equipment as
regards the Community. This could also be the case
containing fluorinated
concerning other
greenhouse gases and therefore the need for an extension
of Annex II should be reviewed, taking account of the
environmental benefits, the technical feasibility and cost
effectiveness.

applications

(11) Annex II to Decision 2002/358/EC lays down different
targets for individual Member States and Member States
have adopted different strategies to achieve these targets.
Member States should be able to maintain existing national
measures adopted in order to meet those targets for a
limited period of time in accordance with Article 95 of the
Treaty.

(12)

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, 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 (2) and this Regulation, which both contribute to
prevention and minimisation of emissions of fluorinated
greenhouse gases, should be adopted and published in the
Official Journal of the European Union simultaneously.

(13) Provision should be made for the monitoring, evaluation
and review of the provisions contained in this Regulation.

(14) Member States

should lay down rules on penalties
applicable to infringements of this Regulation and ensure
that those rules are implemented. Those penalties must be
effective, proportionate and dissuasive.

(15) This Regulation respects

rights and
observes the principles recognised in particular by the
Charter of Fundamental Rights of the European Union.

the fundamental

(16) Since the objectives of

in order

this Regulation, namely the
containment and reporting of certain fluorinated green-
house gases and the control of use and placing on the
market of products and equipment containing certain
fluorinated greenhouse gases,
the
environment and to preserve the internal market, cannot be
sufficiently achieved by the Member States and can
therefore by reason of
this
Regulation 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 Regulation does not go beyond
what is necessary in order to achieve those objectives.

the scale and effects of

to protect

(17) The measures necessary for the implementation of this
Regulation should be adopted in accordance with Council
Decision 1999/468/EC of 28 June 1999 laying down the
procedures
implementing powers
the exercise of
conferred on the Commission (3),

for

HAVE ADOPTED THIS REGULATION:

Article 1

Scope

The objective of this Regulation is to contain, prevent and
thereby reduce emissions of the fluorinated greenhouse gases
covered by the Kyoto Protocol. It shall apply to the fluorinated
greenhouse gases listed in Annex A to that Protocol. Annex I to
this Regulation contains a list of the fluorinated greenhouse
gases currently covered by this Regulation, together with their
global warming potentials. In the light of revisions provided for
by Article 5(3) of the Kyoto Protocol and accepted by the
Community and its Member States, Annex I may be reviewed
and if appropriate may then be updated.

(1) Not yet published in the Official Journal.

(2) See page 12 of this Official Journal.
(3) OJ L 184, 17.7.1999, p. 23.

14.6.2006

EN

Official Journal of the European Union

L 161/3

This Regulation addresses the containment, use, recovery and
destruction of the fluorinated greenhouse gases listed in Annex I;
the labelling and disposal of products and equipment containing
those gases; the reporting of information on those gases; the
control of uses referred to in Article 8 and the placing on the
market prohibitions of the products and equipment referred to in
Article 9 and Annex II; and the training and certification of
personnel and companies involved in activities provided for by
this Regulation.

This Regulation shall apply without prejudice to Directives 75/
442/EEC, 96/61/EC, 2000/53/EC and 2002/96/EC.

Article 2

Definitions

For the purposes of this Regulation the following definitions
shall apply:

1.

2.

3.

4.

5.

‘fluorinated greenhouse gases’ means hydrofluorocarbons
(HFCs), perfluorocarbons (PFCs) and sulphur hexafluoride
(SF6) as listed in Annex I and preparations containing those
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 (1);

‘hydrofluorocarbon’ means an organic compound consist-
ing of carbon, hydrogen and fluorine, and where no more
than six carbon atoms are contained in the molecule;

‘perfluorocarbon’ means an organic compound consisting
of carbon and fluorine only, and where no more than six
carbon atoms are contained in the molecule;

‘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
GWP figures listed in Annex I are those published in the
third assessment report (TAR) adopted by the Intergovern-
mental Panel on Climate Change (2001 IPCC GWP
values) (2);

‘preparation’ means for the purposes of the obligations in
this Regulation, excluding destruction, a mixture composed
of two or more substances at least one of which is a
fluorinated greenhouse gas, except where the total global
warming potential of the preparation is less than 150. The
total global warming potential (3) of the preparation shall
be determined in accordance with Part 2 of Annex I;

(1) 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).
(2) IPCC Third Assessment Climate Change 2001. A Report of the
Intergovernmental Panel on Climate Change (http://www.ipcc.ch/pub/
reports.htm).

(3) 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.

6.

7.

8.

9.

10.

11.

‘operator’ means the natural or legal person exercising
actual power over
the
the technical
equipment and systems covered by this Regulation; a
Member State may, in defined, specific situations, designate
the owner as being responsible for the operator's obliga-
tions;

functioning of

‘placing on the market’ means the supplying of or making
available to a third party within the Community for the first
time, against payment or free of charge, products and
equipment containing or whose functioning relies upon
fluorinated greenhouse gases, and includes import into the
customs territory of the Community;

‘use’ means the utilisation of fluorinated greenhouse gases
in the production, refilling, servicing or maintenance of
products and equipment covered by this Regulation;

‘heat pump’ means a device or installation that extracts heat
at low temperature from air, water or earth and supplies
heat;

‘leakage detection system’ means a calibrated mechanical,
electrical or electronic device for detecting leakage of
fluorinated greenhouse gases which, on detection, alerts the
operator;

‘hermetically sealed system’ means a system in which all
refrigerant containing parts are made tight by welding,
brazing or a similar permanent connection which may
include capped valves and capped service ports that allow
proper repair or disposal and which have a tested leakage
rate of less than 3 grams per year under a pressure of at
least a quarter of the maximum allowable pressure;

12.

‘container’ means a product which is designed primarily for
transporting or storing fluorinated greenhouse gases;

13.

is
‘a non-refillable container’ means a container
designed not to be refilled and is used in the servicing,
maintenance or filling of refrigeration, air-conditioning or
heat pump equipment, fire protection systems or high‑-
voltage switchgear, or to store or transport fluorinated
greenhouse gas based solvents;

that

14.

‘recovery’ means the collection and storage of fluorinated
greenhouse gases from, for example, machinery, equipment
and containers;

15.

‘recycling’ means the reuse of a recovered fluorinated
greenhouse gas following a basic cleaning process;

16.

‘reclamation’ means
the reprocessing of a recovered
fluorinated greenhouse gas in order to meet a specified
standard of performance;

L 161/4

EN

Official Journal of the European Union

14.6.2006

17.

18.

19.

‘destruction’ means the process by which all or most of a
fluorinated greenhouse gas is permanently transformed or
decomposed into one or more stable substances which are
not fluorinated greenhouse gases;

‘stationary application or equipment’ means an application
or equipment which is normally not in transit during
operation;

‘novelty aerosol’ means those aerosol generators marketed
and intended for sale to the general public for entertain-
ment and decorative purposes as listed in the Annex to
Directive 94/48/EC (1).

Article 3

Containment

1. Operators of the following stationary applications: refrigera-
tion, air conditioning and heat pump equipment, including their
circuits, as well as fire protection systems, which contain
fluorinated greenhouse gases listed in Annex I, shall, using all
measures which are technically feasible and do not entail
disproportionate cost:

(a)

prevent leakage of these gases; and

(b)

as soon as possible repair any detected leakage.

2. Operators of the applications referred to in paragraph 1 shall
ensure that they are checked for leakage by certified personnel
who comply with the requirements of Article 5, according to the
following schedule:

(a)

(b)

(c)

fluorinated
applications containing 3 kg or more of
greenhouse gases shall be checked for leakage at least once
every 12 months; this shall not apply to equipment with
hermetically sealed systems, which are labelled as such and
contain less than 6 kg of fluorinated greenhouse gases;

applications containing 30 kg or more of
fluorinated
greenhouse gases shall be checked for leakage at least once
every six months;

applications containing 300 kg or more of fluorinated
greenhouse gases shall be checked for leakage at least once
every three months.

The applications shall be checked for leakage within one month
after a leak has been repaired to ensure that the repair has been
effective.

For the purposes of this paragraph, ‘checked for leakage’ means
that the equipment or system is examined for leakage using
direct or indirect measuring methods, focusing on those parts of
the equipment or system most likely to leak. The direct and

(1) Directive 94/48/EC of the European Parliament and of the Council of
7 December 1994 amending for the 13th time Directive 76/769/EEC
on the approximation of the laws, regulations and administrative
provisions of
the Member States relating to restrictions on the
marketing and use of certain dangerous substances and preparations
(OJ L 331, 21.12.1994, p. 7).

indirect measuring methods of checking for leakage shall be
specified in the standard checking requirements referred to in
paragraph 7.

3. Operators of the applications referred to in paragraph 1,
containing 300 kg or more of fluorinated greenhouse gases, shall
install leakage detection systems. These leakage detection systems
shall be checked at least once every 12 months to ensure their
proper functioning. In the case of such fire protection systems
installed before 4 July 2007, leakage detection systems shall be
fitted by 4 July 2010.

4. Where a properly functioning appropriate leakage detection
system is in place, the frequency of the checks required under
paragraph 2(b) and (c) shall be halved.

5.
In the case of fire protection systems where there is an
existing inspection regime in place to meet ISO 14520 standard,
these inspections may also fulfil
this
Regulation as long as those inspections are at least as frequent.

the obligations of

6. Operators of the applications referred to in paragraph 1,
containing 3 kg or more of fluorinated greenhouse gases, shall
fluorinated
maintain records on the quantity and type of
greenhouse gases installed, any quantities added and the quantity
recovered during servicing, maintenance and final disposal. They
shall also maintain records of other
information
including the identification of the company or technician who
performed the servicing or maintenance, as well as the dates and
results of the checks carried out under paragraphs 2, 3 and 4 and
relevant information specifically identifying the separate sta-
tionary equipment of applications referred to in paragraph 2(b)
and (c). These records shall be made available on request to the
competent authority and to the Commission.

relevant

the Commission shall establish,

7. By 4 July 2007,
in
accordance with the procedure referred to in Article 12(2), the
standard leakage checking requirements
the
applications referred to in paragraph 1 of this Article.

for each of

Article 4

Recovery

1. Operators of the following types of stationary equipment
shall be responsible for putting in place arrangements for the
proper recovery by certified personnel, who comply with the
requirements of Article 5, of fluorinated greenhouse gases to
ensure their recycling, reclamation or destruction:

(a)

the cooling circuits of refrigeration, air-conditioning and
heat pump equipment;

(b)

equipment containing fluorinated greenhouse gas-based
solvents;

14.6.2006

EN

Official Journal of the European Union

L 161/5

(c)

fire protection systems and fire extinguishers; and

greenhouse gases where their
certificates mentioned in paragraph 2 of this Article.

relevant personnel hold the

(d)

high‑voltage switchgear.

2. When a refillable or non-refillable fluorinated greenhouse
gas container reaches the end of its life, the person utilising the
container for transport or storage purposes shall be responsible
for putting in place arrangements for the proper recovery of any
residual gases it contains to ensure their recycling, reclamation or
destruction.

3. The fluorinated greenhouse gases contained in other
products and equipment, including mobile equipment unless it
is serving military operations, shall, to the extent that it is
technically feasible and does not entail disproportionate cost, be
recovered by appropriately qualified personnel, to ensure their
recycling, reclamation or destruction.

4. Recovery,
for the purpose of recycling, reclamation or
destruction of the fluorinated greenhouse gases, pursuant to
paragraphs 1 to 3, shall take place before the final disposal of
that equipment and, when appropriate, during its servicing and
maintenance.

Article 5

Training and certification

1. By 4 July 2007, on the basis of information received from
Member States and in consultation with the relevant sectors,
minimum requirements and the conditions for mutual recogni-
tion shall be established in accordance with the procedure
referred to in Article 12(2) in respect of training programmes
and certification for both the companies and the relevant
personnel involved in installation, maintenance or servicing of
the equipment and systems covered by Article 3(1) as well as for
the personnel involved in the activities provided for in Articles 3
and 4.

shall notify the Commission of

2. By 4 July 2008, Member States shall establish or adapt their
own training and certification requirements, on the basis of the
minimum requirements referred to in paragraph 1. Member
States
training and
certification programmes. Member States shall give recognition
to the certificates issued in another Member State and shall not
restrict the freedom to provide services or the freedom of
establishment for reasons relating to the certification issued in
another Member State.

their

3. The operator of the relevant application shall ensure that the
relevant personnel have obtained the necessary certification,
referred to in paragraph 2, which implies appropriate knowledge
of
the applicable regulations and standards as well as the
necessary competence in emission prevention and recovery of
fluorinated greenhouse gases and handling safely the relevant
type and size of equipment.

5. By 4 July 2007 the Commission shall determine,
in
accordance with the procedure referred to in Article 12(2), the
format of the notification referred to in paragraph 2 of this
Article.

Article 6

Reporting

1. By 31 March 2008 and every year thereafter, each producer,
importer and exporter of fluorinated greenhouse gases shall
communicate to the Commission by way of a report, sending the
same information to the competent authority of the Member
State concerned, the following data in respect of the preceding
calendar year:

(a)

each producer who produces more than one tonne of
fluorinated greenhouse gases per annum shall commu-
nicate:

— its total production of each fluorinated greenhouse
gas in the Community, identifying the main categories
of applications (e.g. mobile air-conditioning, refrigera-
electrical
tion,
equipment,
solvents
and fire protection) in which the substance is expected
to be used,

aerosols,
foams,
semi‑conductor manufacture,

air‑conditioning,

— the quantities of each fluorinated greenhouse gas it

has placed on the market in the Community,

— any quantities of each fluorinated greenhouse gas

recycled, reclaimed or destroyed;

(b)

each importer who imports more than one tonne of
fluorinated greenhouse gases per annum,
including any
producers who also import, shall communicate:

— the quantity of each fluorinated greenhouse gas it has
imported or placed on the market in the Community,
separately identifying the main categories of applica-
tions (e.g. mobile air‑conditioning, refrigeration, air-
conditioning, foams, aerosols, electrical equipment,
semi-conductor manufacture) in which the substance
is expected to be used,

— any quantities of each used fluorinated greenhouse gas
it has imported for recycling, for reclamation or for
destruction;

(c)

each exporter who exports more than one tonne of
fluorinated greenhouse gases per annum,
including any
producers who also export, shall communicate:

4. By 4 July 2009 Member States shall ensure that
the
companies involved in carrying out the activities provided for in
fluorinated
Articles 3 and 4 shall only take delivery of

— the quantities of each fluorinated greenhouse gas it

has exported from the Community,

L 161/6

EN

Official Journal of the European Union

14.6.2006

— any quantities of each used fluorinated greenhouse gas
it has exported for recycling, for reclamation or for
destruction.

(c)

switchgear which contains sulphur hexafluoride or pre-
parations containing sulphur hexafluoride; and

2. By 4 July 2007,
in
accordance with the procedure referred to in Article 12(2), the
format of the reports referred to in paragraph 1 of this Article.

the Commission shall determine,

3. The Commission shall take appropriate steps to protect the
confidentiality of the information submitted to it.

4. Member States shall establish reporting systems for the
relevant sectors referred to in this Regulation, with the objective
of acquiring, to the extent possible, emission data.

Article 7

Labelling

1. Without prejudice to the provisions of Directive 67/548/
EEC (1) and of Directive 1999/45/EC (2) in respect of the labelling
of dangerous substances and preparations, the products and
equipment, listed in paragraph 2, containing fluorinated green-
house gases shall not be placed on the market unless the
chemical names of
the fluorinated greenhouse gases are
identified by way of a label using the accepted industry
nomenclature. Such label shall clearly indicate that the product
or equipment contains fluorinated greenhouse gases covered by
the Kyoto Protocol and their quantity, and this shall be clearly
and indelibly stated on the product or equipment, adjacent to the
recovering the fluorinated
service points
greenhouse gas, or on that part of the product or equipment
which contains the fluorinated greenhouse gas. Hermetically
sealed systems shall be labelled as such.

for charging or

Information on the fluorinated greenhouse gases, including their
global warming potential, shall be included in the instruction
manuals provided for such products and equipment.

Paragraph 1 shall apply to the following types of products

2.
and equipment:

(a)

(b)

refrigeration products and equipment which contain
perfluorocarbons or preparations containing perfluorocar-
bons;

refrigeration and air conditioning products and equipment
(other than those contained in motor vehicles), heat pumps,
fire protection systems and fire extinguishers,
the
respective type of product or equipment contains hydro-
fluorocarbons or preparations containing hydrofluorocar-
bons;

if

(1) Council Directive 67/548/EEC of 27 June 1967 on the approximation
of
laws, regulations and administrative provisions relating to the
classification, packaging and labelling of dangerous substances (OJ
196, 16.8.1967, p. 1). Directive as last amended by Commission
Directive 2004/73/EC (OJ L 152, 30.4.2004, p. 1).

(2) Directive 1999/45/EC of the European Parliament and of the Council
the laws,
of 31 May 1999 concerning the approximation of
regulations and administrative provisions of
the Member States
relating to the classification, packaging and labelling of dangerous
preparations (OJ L 200, 30.7.1999, p. 1). Directive as last amended by
Commission Directive 2006/8/EC (OJ L 19, 24.1.2006, p. 12).

(d)

all fluorinated greenhouse gas containers.

3. The form of the label to be used shall be established in
accordance with the procedure referred to in Article 12(2).
Labelling requirements additional to those set out in paragraph 1
shall, if appropriate, be adopted in accordance with the same
procedure. Before submitting a proposal
to the Committee
referred to in Article 12(1), the Commission shall review the
desirability of including additional environmental information,
including the global warming potential, on labels, taking due
account of existing labelling schemes already applicable to the
products and equipment referred to in paragraph 2.

Article 8

Control of use

1. The use of sulphur hexafluoride or preparations thereof in
magnesium die-casting, except where the quantity of sulphur
hexafluoride used is below 850 kg per year, shall be prohibited
from 1 January 2008.

2. The use of sulphur hexafluoride or preparations thereof for
the filling of vehicle tyres shall be prohibited from 4 July 2007.

Article 9

Placing on the market

1. The placing on the market of products and equipment
containing, or whose functioning relies upon,
fluorinated
greenhouse gases, as listed in Annex II shall be prohibited as
specified in that Annex.

2.
Paragraph 1 shall not apply to products and equipment
shown to be manufactured before the date of entry into force of
the relevant placing on the market prohibition.

3. (a) Where a Member State has, by 31 December 2005,
adopted national measures which are stricter than those
laid down in this Article and which fall within the scope of
this Regulation, concerning the placing on the market of
products and equipment containing, or whose functioning
relies upon, fluorinated greenhouse gases, that Member
State may, subject to point (b), maintain those national
measures until 31 December 2012.

(b) The Member State in question shall notify the national
measures to the Commission, accompanied by justifica-
tion in support of those measures, by 4 July 2007. Such

14.6.2006

EN

Official Journal of the European Union

L 161/7

measures must be compatible with the Treaty. The
Commission shall provide to the Committee referred to
in Article 12(1) relevant information on such measures.

Article 10

Review

1. On the basis of progress in potential containment or
replacement of fluorinated greenhouse gases in air conditioning
systems, other than those fitted to motor vehicles referred to in
Council Directive 70/156/EEC of 6 February 1970 on the
approximation of laws relating to the type‑approval of motor
trailers (1), and in refrigeration systems
vehicles and their
contained in modes of transport, the Commission shall review
this Regulation and publish a report by 31 December 2007 at the
if appropriate, accompany this report with
latest.
legislative proposals by 31 December 2008, with a view to
applying the provisions of Article 3 to air-conditioning systems,
other than those fitted to motor vehicles referred to in Directive
70/156/EEC, and refrigeration systems contained in modes of
transport.

It shall,

2. By 4 July 2011, the Commission shall publish a report based
on the experience of
In
particular, the report shall:

the application of

this Regulation.

(a)

(b)

assess the impact of relevant provisions on emissions and
projected emissions of fluorinated greenhouse gases and
examine the cost-effectiveness of these provisions;

in the light of future assessment reports of the IPCC, assess
whether additional fluorinated greenhouse gases should be
added to Annex I;

(c)

evaluate the training and certification programmes estab-
lished by Member States under Article 5(2);

(d)

(e)

(f)

assess the need for Community standards relating to the
control of emissions of fluorinated greenhouse gases from
in particular as regards foam,
products and equipment,
including technical requirements with respect to the design
of products and equipment;

evaluate the effectiveness of containment measures carried
out by operators under Article 3 and assess whether
maximum leakage rates for installations can be established;

assess and, if appropriate, may propose a modification of
the reporting requirements in Article 6(1), in particular the
one tonne quantitative limit, and assess the need for the
competent
to report periodically to the
Commission estimated emissions based on representative
samples to improve the practical application of
those
reporting requirements;

authorities

(g)

(h)

(i)

(j)

(k)

(l)

assess the need for the development and dissemination of
notes describing best
and best
available
environmental practices concerning the prevention and
minimisation of emissions of fluorinated greenhouse gases;

techniques

include an overall summary of
the development, both
within the Community and at an international level, of the
state of
foams,
experience gained, environmental requirements and any
impacts on the functioning of the internal market;

in particular as

technology,

regards

assess whether the substitution of sulphur hexafluoride in
sand casting, permanent mould casting and high-pressure
die-casting is technically feasible and cost-effective and, if
appropriate, propose a revision of Article 8(1) by 1 January
it shall also review the exemption contained in
2009;
the
Article 8(1)
available alternatives by 1 January 2010;

further assessment of

in the light of

the inclusion of

further products and
assess whether
equipment containing fluorinated greenhouse gases in
Annex II is technically feasible and cost-effective, taking
account of energy-efficiency, and,
if appropriate, make
proposals to amend Annex II in order to include such
further products and equipment;

assess whether 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;

assess the need for further action by the Community and its
Member States in the light of existing and new international
commitments regarding the reduction of greenhouse gas
emissions.

3. Where necessary, the Commission shall present appropriate
this
proposals
Regulation.

the relevant provisions of

revision of

for

Article 11

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 (2), Member States may promote the placing on
the market of products and equipment which use alternatives to
gases with a high global warming potential and which are
efficient, innovative and further reduce the climate impact.

(1) OJ L 42, 23.2.1970, p. 1. Directive as last amended by Directive 2005/
64/EC of the European Parliament and of the Council (OJ L 310,
25.11.2005, p. 10).

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

of Accession.

L 161/8

EN

Official Journal of the European Union

14.6.2006

Article 12

Committee

2. Member States shall notify the rules on penalties to the
Commission by 4 July 2008 and shall also notify it without delay
of any subsequent amendment affecting those rules.

1. The Commission shall be assisted by the Committee
instituted by Article 18 of Regulation (EC) No 2037/2000.

2. Where reference is made to this paragraph, Articles 5 and 7
of Decision 1999/468/EC shall apply, having regard to the
provisions of Article 8 thereof.

The period laid down in Article 5(6) of Decision 1999/468/EC
shall be set at three months.

3. The Committee shall adopt its Rules of Procedure.

Article 13

Penalties

Article 14

Without prejudice to Article 9(3), Member States may maintain
or introduce more stringent protective measures in accordance
with the procedures laid down in Article 95 of the Treaty, in
relation to Articles 7, 8 and 9 of this Regulation, or Article 176
of the Treaty in relation to other Articles of this Regulation.

Article 15

Entry into force

1. Member States shall lay down rules on penalties applicable
to infringements of the provisions of this Regulation and shall
take all measures necessary to ensure that such rules are
implemented. The penalties provided for shall be effective,
proportionate and dissuasive.

This Regulation shall enter into force on the 20th day following
its publication in the Official Journal of the European Union.

It shall apply with effect from 4 July 2007, with the exception of
Article 9 and Annex II, which shall apply from 4 July 2006.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Strasbourg, 17 May 2006.

For the European Parliament
The President
J. BORRELL FONTELLES

For the Council
The President
H. WINKLER

14.6.2006

EN

Official Journal of the European Union

L 161/9

ANNEX I

PART 1

Fluorinated greenhouse gases referred to in Article 2(1)

Fluorinated greenhouse gas

Chemical Formula

Global warming potential (GWP)

Sulphur hexafluoride

Hydrofluorocarbons (HFCs):

HFC-23

HFC-32

HFC-41

HFC-43-10mee

HFC-125

HFC-134

HFC-134a

HFC-152a

HFC-143

HFC-143a

HFC-227ea

HFC-236cb

HFC-236ea

HFC-236fa

HFC-245ca

HFC-245fa

HFC-365mfc

Perfluorocarbons (PFCs):

Perfluoromethane

Perfluoroethane

Perfluoropropane

Perfluorobutane

Perfluoropentane

Perfluorohexane

Perfluorocyclobutane

SF6

CHF3

CH2F2

CH3F

C5H2F10

C2HF5

C2H2F4

CH2FCF3

C2H4F2

C2H3F3

C2H3F3

C3HF7

CH2FCF2CF3

CHF2CHFCF3

C3H2F6

C3H3F5

CHF2CH2CF3

CF3CH2CF2CH3

CF4

C2F6

C3F8

C4F10

C5F12

C6F14

c-C4F8

22 200

12 000

550

97

1 500

3 400

1 100

1 300

120

330

4 300

3 500

1 300

1 200

9 400

640

950

890

5 700

11 900

8 600

8 600

8 900

9 000

10 000

L 161/10

EN

Official Journal of the European Union

14.6.2006

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 % 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 theoretical blend of gases consisting of 23 % HFC-32; 25 % HFC-125 and 52 % HFC-
134a;

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

→ Total GWP = 1 652,5

14.6.2006

EN

Official Journal of the European Union

L 161/11

ANNEX II

Placing on the market prohibitions in accordance with Article 9

Fluorinated greenhouse gases

Products and equipment

Date of prohibition

Fluorinated greenhouse gases

Non-refillable containers

Hydrofluorocarbons and perfluorocarbons

Perfluorocarbons

Non-confined direct‑evaporation
systems containing refrigerants

Fire protection systems and fire
extinguishers

4 July 2007

4 July 2007

4 July 2007

Fluorinated greenhouse gases

Windows for domestic use

4 July 2007

Fluorinated greenhouse gases

Other windows

Fluorinated greenhouse gases

Fluorinated greenhouse gases

Fluorinated greenhouse gases

Footwear

Tyres

One component foams, except
when required to meet national
safety standards

4 July 2008

4 July 2006

4 July 2007

4 July 2008

Hydrofluorocarbons

Novelty aerosols

4 July 2009