REPORT FROM THE COMMISSION On the application, effects and adequacy of the Regulation on certain fluorinated greenhouse gases (Regulation (EC) No 842/2006)
Date: 2011-09-26
Institutions: European Commission
Subjects: administrative sanction, application of EU law, greenhouse gas, in-service training, labelling, market approval, marketing restriction, reduction of gas emissions, waste recycling

EUROPEAN COMMISSION 

Brussels, 26.9.2011 
COM(2011) 581 final 

REPORT FROM THE COMMISSION 

On the application, effects and adequacy of the Regulation on certain fluorinated 
greenhouse gases (Regulation (EC) No 842/2006) 

 
 
 
 
  
 
1. 

INTRODUCTION 

This  report  reviews  Regulation  (EC)  No  842/20061  on  certain  fluorinated  greenhouse  gases 
(referred  to  here  as  ‘the  Regulation’),  and  thus  complies  with  the  Commission’s  reporting 
obligations  in  Article  10  of  the  Regulation.  It  evaluates  the  application  and  effects  of  the 
current rules and assesses the need for further action to reduce emissions of fluorinated gases 
in the EU. The evaluation draws upon analytical work undertaken for the Commission2.  

The  Regulation  addresses  emissions  of  hydrofluorocarbons,  perfluorocarbons  and  sulphur 
hexafluoride, collectively known as fluorinated greenhouse gases (‘F-gases’). These gases are 
man-made  chemicals  used  for  instance  as  refrigerants,  foam-blowing  agents,  aerosol 
propellants and insulation gases in electrical equipment. Globally, the use of fluorinated gases 
is growing rapidly due to the increased use of products and equipment relying upon them. 

The overall objective of the Regulation is, together with Directive 2006/EC/40 on emissions 
from  air-conditioning  systems  in  motor  vehicles  (‘the  MAC  Directive’)3,  to  help  fulfil  the 
commitments of the European Union and its Member States under the Kyoto Protocol to the 
United Nations Framework Convention on Climate Change4, for the period 2008 to 2012. The 
legislation was expected to break the growing trend in the EU and maintain F-gas emissions 
in  EU-15  at  75  million  tonnes  of  CO2  eq.5  in  2010,  well  below  the  expected  level  of  98 
million tonnes of CO2 eq. if left unrestricted6. 

The  EU  regulatory  framework  for  F-gases  covers  the  key  applications  in  which  F-gases  are 
used and follows two lines of action: first, avoiding F-gases where environmentally superior 
alternatives  were  already  available  at  sufficiently  low  cost  at  the  time  of  adoption,  by 
restricting  the  use  and  marketing  of  specific  applications  of  F-gases;  second,  reducing  their 
leakage from equipment where F-gases could not be replaced by viable alternatives. This is 
achieved through a series of measures targeting the proper handling of equipment throughout 
its lifetime. In addition, reporting provisions were introduced to facilitate monitoring.  

The Regulation entered into force on 4 July 2006 and its provisions applied with effect from 4 
July  20077.  While  the  Regulation  is  directly  applicable  in  all  Member  States,  its  full 
application also relied upon 10 implementing Commission Regulations adopted in the period 
December 2007 — April 2008 and upon the later adoption of certain complementary elements 
by Member States. 

1 
2 

3 
4 
5 

6 

7 

OJ L 161, 14.6.2006, p. 1–11. 
Schwarz, W. et al. (2011) Final Report: Service contract to provide technical support for conducting a 
review of Regulation (EC) No 842/2008 on certain fluorinated greenhouse gases.  
OJ L 161, 14.6.2006, p. 12–18. 
Approved by Council Decision 2002/358/EC OJ L 130, 15.5.2002, p. 1–3.  
Carbon dioxide equivalent is a measure comparing emissions from various greenhouse gases based on 
their global warming potential. 
COM(2003)  492  final  of  11.8.2003.  This  Commission  proposal  was  the  basis  of  both  the  Regulation 
and the MAC Directive.  
Article  9  and  Annex  II  introduce  prohibitions  on  the  placing  on  the  market  of  certain  products  and 
equipment  containing,  or  whose  functioning  relies  upon,  F-Gases.  Exceptionally  they  applied  with 
effect from 4  July 2006 although individual prohibitions became gradually applicable between 4 July 
2006 (footwear) and 4 July 2009 (novelty aerosols). 

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2. 

EXPERIENCE AFTER 4 YEARS  

2.1. 

Successful application of use and marketing restrictions (Articles 8 and 9) 

Individual  use  and  marketing  restrictions  became  gradually  applicable  between  4  July  2006 
(footwear)  and  4  July  2009  (novelty  aerosols).  They  have  been  applied  successfully  with  a 
few exceptions.  

In  particular,  the  exemption  of  imported  non-refillable  containers  of  F-gases  manufactured 
before  4  July  20078  from  the  general  prohibition  of  placing  on  the  EU  market  has  been 
reported  to  have  been  misused.  Competent  authorities  in  the  Member  States  have  reported 
difficulties  in  properly  enforcing  this  prohibition  due  to  the  lack  of  sufficient  tools  and 
expertise to verify the authenticity of the certificates, labels and other documents submitted by 
importers. 

2.2. 

Satisfactory application of labelling provisions (Article 7) 

Labelling provisions facilitate responsible installation, maintenance and disposal of products 
and equipment containing F-gases. The provisions apply to approximately 50 000 contractors 
in  the  refrigeration,  air  conditioning  and  heat  pump  sectors  and  original  equipment 
manufacturers, 100 suppliers of gas containers including for fire protection systems and about 
25 manufacturers of high-voltage switchgear equipment. 

The  industry  has  primarily  encouraged  label  harmonisation  on  a  voluntary  basis,  especially 
for products and equipment marketed across the EU, and included the relevant information on 
other  labels.  Some  producers  chose  to  include  all  official  languages  on  labels,  which 
represented a practical challenge for smaller equipment such as heat pump tumble dryers. A 
few  cases  have  been  identified  of  non-compliant  products  and  equipment  imported  into  the 
EU.  The  Commission  is  currently  considering  the  incorporation  of  labelling  rules  into  the 
Integrated  Tariff  of  the  European  Communities,  to  support  the  Member  States  in  enforcing 
these provisions9. 

2.3. 

Delays regarding training and certification (Article 5) 

The  deadline  for  the  Member  States  to  set  up  and  notify  their  training  and  certification 
systems on the basis of the Commission’s minimum requirements was 4 January 2009. On 4 
July  2011,  8  Member  States  had  yet  to  notify  all  or  part  of  their  training  and  certification 
arrangements to the Commission. 

This  difference  in  the  speed  of  implementation  reflects  differences  in  the  Member  States’ 
vocational  training  and  certification  systems  before  the  Regulation  applied.  Moreover, 
Member  States  attribute  delays  to  the  size  of  certain  sectors  and  to  underestimation  of  the 
administrative effort required to create new systems and adapt existing ones.  

8 

9 

Article 9(2) excludes products and equipment listed in Annex II shown to be manufactured before the 
date of entry into force of the relevant prohibition from marketing prohibitions. 
Established  under  Council  Regulation  (EC)  No  2658/87  of  23  July  1987  on  the  tariff  and  statistical 
nomenclature and on the Common Customs Tariff, OJ L 256, 7.9.1987, p. 1–675, as amended. 

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The Commission has convened meetings with Member States on a regular basis to facilitate 
information  exchange  and,  where  appropriate,  has  launched  infringement  proceedings  to 
address delays. 

The training and certification requirements currently apply to approximately 600 000 persons 
and 66 000 companies, more than 98 % of which are in the refrigeration, air conditioning and 
heat pump sectors.  

Our  analysis  shows  that  quite  a  significant  number  of  personnel  and  companies  covered  by 
these requirements were not certified by 4 July 2011. For personnel dealing with F-gases in 
the  areas  of  fire  protection,  stationary  refrigeration,  air  conditioning,  heat  pumps  and  air-
conditioning of motor vehicles, more than 50 % were not yet certified. Certification was also 
pending for 90 % of companies in the fire protection sector and more than 50 % of companies 
in the stationary refrigeration, air conditioning and heat pumps sectors10.  

2.4. 

Varying levels of compliance with containment measures (Article 3) 

A  low  degree  of  overall  compliance  was  observed,  particularly  in  Member  States  where  no 
similar containment requirements applied prior to the Regulation. In those countries there is 
still low awareness among operators, in particular of smaller equipment, due to deficiencies in 
enforcement of these provisions. 

Analysis has shown  that,  in  the key  applications of stationary refrigeration, air conditioning 
and  heat  pumps,  compliance  with  the  schedules  for  leakage  checks  was  particularly  low 
among  operators  of  domestic  and  small  commercial  equipment.  Maintaining  of  records  for 
these  key  applications  is  reportedly  below  50 %.  Compliance  with  the  obligation  to  install 
leakage detection systems seemed satisfactory only in specific fields where the installation of 
such  systems  was  already  standard  practice  prior  to  the  Regulation.  In  the  fire  protection 
sector,  where  voluntary  technical  standards  with  similar  requirements  were  already 
widespread, containment provisions are applied to a higher extent. 

2.5. 

Growing potential for recovery of F-gases (Article 4) 

Recovery  should  take  place  before  final  disposal  of  equipment  and,  if  appropriate,  during 
servicing and maintenance.  

In the refrigeration and air conditioning sectors, recovery levels were generally low prior to 
the  Regulation.  Some  data  indicate  a  slight  growth  in  the  quantities  recovered,  but  no 
systematic  data  are  available  to  allow  more  precise  assessment.  Recovery  in  the  fire 
protection  and  high-voltage  switchgear  sectors  is  currently  a  commonly  applied  practice 
during  servicing  and  maintenance.  In  these  sectors  the  potential  for  recovery  from  systems 
containing F-gases will grow in the coming years, as such systems will be reaching their end 
of life. 

Recovered  gases  need  to  be  recycled,  reclaimed  or  destroyed.  In  2010,  reclamation  and 
destruction infrastructure was available for hydrofluorocarbons in only about half the Member 
States and for sulphur hexafluoride in only a couple of Member States. Cross-border shipment 
of  recovered  F-gases  for  reclamation  and  destruction  within  the  EU  is  therefore  of  key 

10 

All  personnel  and  companies  in  the  stationary  refrigeration,  air  conditioning  and  heat  pumps  sectors 
should have been fully certified, at the latest, by 4 July 2011. 

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importance  and  should  be  facilitated  by  Member  States11,  as  stated  in  recital  9  of  the 
Regulation. 

2.6. 

Reporting requirements generally met (Article 6) 

Annual  reporting  started  in  2008,  for  the  calendar  year  2007.  The  reporting  provision  is 
overall well applied. Analysis shows that the requirements currently apply to approximately 
100 EU companies and a relatively small group of large companies reports a large part of the 
quantities  of  production,  imports  and  exports.  The  quantities  potentially  excluded  from  the 
reporting provisions, due to the one-tonne threshold, are not significant. 

Quantities  of  F-gases  contained  in  imported  or  exported  pre-charged  products  or  equipment 
are outside the scope of reporting. It is estimated that in 2008, approximately 10 % of F-gases 
imported to the EU were contained in pre-charged room air conditioning and air-conditioning 
systems of motor vehicles. In the same year approximately 30 % of gases exported from the 
EU  were  contained  in  one-component-foam,  switchgear,  medical  aerosols  and  air-
conditioning systems in motor vehicles. This gap in the reporting provisions distorts figures 
on the total quantities of imports and exports and the composition and intended applications 
of F-gases available in (and potentially emitted from) the EU. 

It  is  also  noted  that  the  requirement  to  report  quantities  of  F-gases  reclaimed  or  destroyed 
provides  only  partial  monitoring  of  the  quantities  reclaimed  and  destroyed.  This  is  because 
these  activities  are  undertaken,  to  a  great  extent,  by  entities  which  are  not  producing, 
importing or exporting F-gases and are therefore not subject to reporting requirements under 
the Regulation. 

For  monitoring  related  to  the  Kyoto  Protocol12  Member  States  have  been  determining  and 
subsequently reporting their annual emissions of F-gases, in accordance with the revised 1996 
Intergovernmental  Panel  on  Climate  Change  guidelines  for  national  greenhouse  gas 
inventories13.  Existing  reporting  systems  fulfilling  these  requirements  have,  largely,  been 
deemed to meet the Regulation’s requirement to establish reporting systems for the relevant 
sectors, to obtain emission data. 

2.7. 

National penalties to be adopted in a few Member States (Article 13) 

Member  States  were  required  to  establish  national  rules  on  penalties  applicable  to 
infringements  and  inform  the  Commission  by  4  July  2008.  Three  years  after  this  deadline, 
four  Member  States  had  yet  to  notify  their  rules  on  penalties  to  the  Commission.  Where 
appropriate, the Commission has launched infringement proceedings to address these delays. 

11 
12 

13 

Regulation (EC) No 1013/2006 on shipments of waste, OJ L 190, 12.7.2006, p. 1–98. 
Decision  No  280/2004/EC  of  11  February  2004  concerning  a  mechanism  for  monitoring  Community 
greenhouse gas emissions and for implementing the Kyoto Protocol, OJ L 49, 19.2.2004, p. 1–8. . 
Commission Decision No 2005/166/EC of 10 February 2005 laying down rules implementing Decision 
No  280/2004/EC  of  the  European  Parliament  and  of  the  Council  concerning  a  mechanism  for 
monitoring Community greenhouse gas emissions and for implementing the Kyoto Protocol, OJ L 55, 
1.3.2005, p. 57–91. 

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2.8. 

Stricter national provisions in several Member States (Articles 9(3) and 14)  

Under  Council  Decision  2002/358/EC14,  individual  Member  States  were  committed  to 
different  greenhouse  gas  reduction  targets.  In  view  of  this,  the  Regulation  allowed  Member 
States  which  already  had  stricter  national  marketing  restrictions,  to  maintain  them  until  31 
December  2012,  provided  that  these  measures  were  compatible  with  the  Treaty  and  were 
notified to the Commission. On this basis, the Commission authorised Denmark and Austria 
to maintain more stringent provisions until 31 December 201215. 

In  addition,  several  Member  States  have  national  provisions  which,  in  terms  of  either 
ambition  or  scope,  go  beyond  the  Regulation’s  respective  requirements.  Such  measures 
include  the  extension  of  containment  provisions  to  stationary  equipment  containing  lower 
quantities of F-gases and/or to certain additional equipment, additional measures for records 
maintained by operators, the establishment of maximum allowable leakage rates for stationary 
equipment,  the  extension  of  certification  requirements  to  other  personnel,  the  mandatory 
registration  of  equipment  and  schemes  requiring  producers  and  suppliers  to  take  back 
recovered F-gases for recycling, reclamation and destruction. 

3. 

MEASURING THE EFFECTIVENESS AND EFFICIENCY OF THE REGULATION 

The  use  and  marketing  restrictions  introduced  by  the  Regulation  have,  by  the  end  of  2010, 
already achieved a  verifiable reduction of emissions of F-gases  close  to 3 million tonnes of 
CO2  eq.  compared  to  a  scenario  without  the  Regulation.  But  the  potential  for  emission 
reductions  in  the  applications  covered  by  those  restrictions  is  almost  exhausted.  Projected 
reductions of F-gases are only expected to grow slightly above 3 million tonnes of CO2 eq. by 
2020 and above 4 million tonnes of CO2 eq. by 2050. 

For the containment and recovery provisions, the analysis concludes that there is still a lack of 
reliable  and  sufficiently  long  time-data  series,  and  it  is  therefore  too  early  to  quantify  their 
present effectiveness. However, given the nature of those measures, the short period of their 
application and the current shortcomings of compliance with some of the relevant provisions 
in  key  areas,  a  significant  effect  on  the  leakage  rates  of  affected  equipment  prior  to  2010 
seems unlikely. 

Nonetheless, if fully applied in the short term, the containment and recovery provisions can be 
expected to achieve a substantial reduction of leakage rates during the operation and end-of-
life of affected equipment by 2015. They have the potential to reduce projected emissions by 
more  than  29  million  tonnes  of  CO2  eq.  by  2020  and  eventually  by  more  than  38  million 
tonnes of CO2 eq. by 2050. 

The  MAC  Directive  introduced  restrictions  on  the  use  of  F-gases  with  a  Global  Warming 
Potential (GWP) above 150 in air conditioning systems of motor vehicles, and is expected to 
achieve substantial reductions of projected emissions of around 13 million tonnes of CO2 eq. 
by 2020 and almost 50 million tonnes of CO2 eq. by 2050. 

14 
15 

OJ L 130, 15.5.2002, p. 1–3. . 
Commission  Decision  2007/62/EC  of  8  December  2006  concerning  national  provisions  notified  by 
Denmark  on  certain  industrial  greenhouse  gases,  OJ  L  32,  6.2.2007,  p.  130–134  and  Commission 
Decision 2008/80/EC of 21 December 2007 concerning national provisions notified by the Republic of 
Austria on certain fluorinated greenhouse gases, OJ L 24, 29.1.2008, p. 45–50. 

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Taking into account the effects of the Regulation and the MAC Directive, the total emissions 
are  expected  to  stabilise  around  today’s  level  of  110  million  tonnes  of  CO2  eq.  in  EU-27 
despite the growing use of many of their key applications, see Figure 1. 

.

q
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250,000.0

200,000.0

150,000.0

100,000.0

50,000.0

0.0

1995

2000

2005

2010

2015

2020

2025

2030

2035

2040

2045

2050

Without measures

With measures

Figure 1: Projections of F-gas emissions in the EU without and with the measures in the 
F-gas Regulation and the MAC Directive 

The relative emission reduction is estimated to be less than 3 % in 2010. However, projections 
show that yearly emissions will be reduced by 28 % in 2020, by 44 % in 2030 and by 46 % in 
2050. The costs related to the Regulation are estimated to be around 41 € per tonne per CO 2 
eq. reduced. 

Overall, four years after its entry into application, the Regulation has already contributed to 
the  commitments  under  the  Kyoto  Protocol  for  the  period  2008  to  2012.  The  Regulation,  if 
properly  applied  in  the  short-term,  has  the  potential  together  with  the  MAC  Directive,  to 
avoid almost half of projected emissions, stabilising emissions at today’s levels. However, to 
reach this potential, the Commission calls on Member States to intensify their efforts towards 
rapid and proper implementation and enforcement. 

4. 

ASSESSMENT OF THE NEED AND SCOPE FOR FURTHER EMISSION REDUCTIONS 

4.1. 

Cost-efficient contribution from F-gases to emission reduction target  

The  European  Council  reconfirmed  in  February  2011  the  objective  of  reducing  greenhouse 
gas  emissions  by  80–95 %  by  2050  compared  to  1990.  A  cost-effective  pathway  to  these 
targets would require reductions of non-CO2 emissions outside agriculture, between 72–73 % 

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by 2030 and by 70–78 % by 2050 compared to 1990 levels16. At international level, as a result 
of the accelerated phase-out of ozone-depleting substances under the Montreal Protocol, the 
use of the most common group of F-gases, hydrofluorocarbons, is set to quadruple in the next 
two  decades,  hampering  efforts  to  limit  global  warming  to  below  2 °C  above  pre-industrial 
levels.  To  address  this  risk  the  EU  supports  global  action  under  the  Montreal  Protocol  on 
Substances that Deplete the Ozone Layer to phase down hydrofluorocarbons as a complement 
to mitigation action under the United Nations Framework Convention on Climate Change17. 

4.2. 

Technologies in evolution: the current state 

In  2006,  the  Council  and  the  European  Parliament  acknowledged  that  development  of 
alternatives to F-gases was ongoing18 and anticipated that the application and enforcement of 
the  Regulation  would  spur  technological  innovation  by  encouraging  continued  development 
of  alternative 
that  are  more 
environmentally friendly19. 

technologies  and 

technologies 

to  existing 

transition 

Alternative  technologies  based  on  low-GWP  fluids  or  other  non-in-kind  technologies  are 
today  technically  feasible  in  most  relevant  fields  of  application.  In  energy-consuming 
applications such as refrigeration, air conditioning and heat pumps and in energy-preserving 
applications  such  as  building  and  appliance  insulation  foams,  low-GWP  technologies  can 
potentially  achieve  an  equivalent  performance  in  most  cases.  With  ongoing  research  and 
development  constantly  improving  their  safety  and  performance  characteristics  and  further 
reducing their cost, such options have the potential to gradually replace technologies based on 
F-gases  with  high  GWP,  thereby  contributing  to  a  cost-effective  transition  to  a  climate-
friendly, low-carbon economy, see Box 1. 

Box 1: Technology developments in relevant sectors 

The  chemical  industry  has  developed  new  fluorocarbons  which  are  considered  as 
potential  substitutes  to  high-GWP  F-gases  in  several  sectors,  including  stationary 
and mobile refrigeration and air conditioning, heat pumps, foams and aerosols. 

In  the  refrigeration,  air  conditioning  and  heat  pumps  sectors,  several  low-GWP 
technologies such as those based on existing fluids (carbon dioxide, ammonia and 
hydrocarbons)  have  benefited  from  improvements  to  their  safety,  performance 
characteristics  and  cost,  through  innovative  optimisations,  although  in  some 
applications  or  under  specific  circumstances  these  aspects  remain  an  ongoing 
challenge. These have recently been gaining market shares, in particular in the EU, 
in  many  applications  including  domestic,  commercial  and  industrial  refrigeration, 
some types of heat pumps and single package air conditioning units. 

For  several  foam  products  used  for  insulation  in  construction  and  appliances, 
hydrocarbons are now default options. For many of the foam products used in the 

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19 

Communication  from  the  Commission  to  the  European  Parliament,  the  Council,  the  European 
Economic  and  Social  Committee  and  the  Committee  of  the  Region:  A  roadmap  for  moving  to  a 
competitive low carbon economy in 2050. COM(2011) 112 final. 
Council Conclusions from 14 October 2010 on Preparation for the 16th Conference of the Parties to the 
UN Framework Convention on Climate Change Cancún, 29 November to 10 December 2010.  
Recital 7, Regulation (EC) No 842/2006 on certain fluorinated greenhouse gases. 
Recital 8, Regulation (EC) No 842/2006 on certain fluorinated greenhouse gases. 

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construction,  refrigeration,  automotive  and  furniture  sectors,  in  which  F-gases  are 
the most common blowing agents at present, specific technologies based on carbon 
dioxide,  hydrocarbons,  unsaturated  hydrofluorocarbons  and  water  can,  in  most 
cases, be viable and cost-effective options in the future. 

Furthermore,  available  low-GWP  fluids  could  enable  a  gradual  cost-effective 
substitution  of  F-gases  in  other  areas  of  application  too,  including  fire  protection, 
some aerosols, magnesium die-casting and recycling of magnesium alloys.  

Mere  stabilisation  of  F-gas  emissions  at  today’s  levels,  as  a  best  case  scenario,  is  not 
compatible  with  the  EU  emissions  reduction  targets.  Emerging  opportunities  from  available 
and  emerging  technology  in  the  relevant  sectors  offer  significant  scope  for  additional  cost-
effective  reductions  of  F-gas  emissions  in  the  EU  and  at  international  level.  That  is  why 
policy options to achieve further reductions in the EU must be considered in view of potential 
impacts, including on energy consumption, administrative burden and safety. 

5. 

POTENTIAL OPTIONS TO FURTHER REDUCE F-GAS EMISSIONS  

5.1. 

Driving transition to technologies with lower global warming potential 

Analysis  shows  that  avoiding  the  use  of  F-gases  where  feasible  and  cost-effective  has  the 
highest  potential  to  reduce  emissions.  Technically  it  would  be  possible  to  avoid  up  to 
approximately 70 million tonnes of CO2 eq. of the projected F-gas emissions in 2030, at an 
average cost of less than 20 € per tonne of CO 2 eq. abated.  

Options that could contribute to this transition include: 

– 

– 

– 

the introduction of maximum, gradually declining, limits for the quantity of F-
gases  placed  on  the  EU  market  (phase  down)  expressed  in  terms  of  CO2 
equivalent;  

use and marketing prohibitions for new equipment and products (bans); 

voluntary environmental agreements at Community level.  

5.2. 

Improving containment and recovery provisions 

Even if policies are put in place to gradually avoid the use of highly potent F-gases, it remains 
of utmost importance to avoid leaks and ensure proper recovery of high-GWP F-gases from 
equipment still using them. The Regulation already has substantial containment and recovery 
provisions  covering  almost  all  key  applications  with  the  capacity  to  substantially  reduce 
leakage  of  F-gases  and  various  stakeholders  have  made  significant  investments  to  comply 
with  those  provisions.  It  is  therefore  crucial  that  the  existing  provisions  are  properly 
implemented and enforced by Member States. 

A  number  of  potential  options  have  been  identified  to  further  improve  these  provisions, 
including options suggested by Article 10 of the Regulation: including additional equipment, 
such  as  air-conditioning  and  refrigeration  systems  in  transport  vehicles,  in  the  scope  of 
particular  containment  and  recovery  provisions;  extending  training  and  certification 

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requirements;  extending  certain  containment  provisions  to  smaller  equipment;  establishing 
maximum leakage rates for installations; developing EU standards and notes describing best 
available  techniques  and  best  environmental  practices  for  preventing  and  minimising 
emissions of fluorinated greenhouse gases.  

Analysis  indicates  that  the  scope  for  further  improving  these  provisions  cost-effectively  is 
rather  limited.  However  particular  options,  such  as  extending  existing  containment  and 
recovery  provisions  to  refrigeration  systems  in  certain  categories  of  road  vehicles  such  as 
trucks  and  trailers  and  labelling  provisions  to  new  products  and  equipment  merit  further 
consideration and assessment.  

5.3. 

Taking account of the latest scientific information 

The Regulation currently relates to the three groups of F-gases covered by the Kyoto Protocol. 
Annex  I,  Part  1  of  the  Regulation  lists  17  types  of  hydrofluorocarbons,  7  types  of 
perfluorocarbons and sulphur hexafluoride, which are included in its scope together with their 
preparations with a total GWP of 150 or more. 

The  fourth  assessment  report  by  the  Intergovernmental  Panel  on  Climate  Change  (IPPC) 
identifies  two  additional  types  of  hydrofluorocarbons20  and  two  additional  types  of 
perfluorocarbons21.  The  same  report  identifies,  for  the  first  time,  nitrogen  trifluoride22,  a 
substance  which  is  increasingly  used  in  the  electronics  industry  for  plasma  etching  and 
chamber cleaning processes as a substitute for perfluorocarbons and sulphur hexafluoride. 

Consideration could be given to adding these gases to Annex I.  

Furthermore, it should be considered to update the GWP values listed in Annex I based on the 
fourth assessment report from the IPCC. The GWP values currently in Annex I are from the 
third assessment report of the IPCC.  

5.4. 

Improving monitoring by enhancing reporting provisions 

Consideration  should  be  given  to  the  costs  and  benefits  of  a  potential  extension  of  the 
reporting  provisions  to  F-gases  contained  in  pre-charged  products  and  equipment  imported 
into  /  exported  from  the  EU,  and  to  entities  reclaiming  or  destroying  F-gases  in  the  EU  to 
improve monitoring. 

Consideration  should  also  be  given  to  ways  of  enhancing  the  quality  of  Member  State 
reporting  systems  for  emission  data,  by  utilising  information  recorded  and  maintained  by 
operators,  pursuant  to  the  Regulation.  The  analysis  shows  that  the  quantities  potentially 
excluded  from  reporting  provisions  owing  to  one-tonne  limit  are  not  significant,  so  a 
modification of this threshold value is not considered necessary.  

20 
21 

22 

HFC-152 and HFC-161 with a 100-year Global Warming Potential of 53 and 12 respectively. 
PFC  9-1-18  and  perfluorocyclopropane  with  a  100-year  Global  Warming  Potential  greater  than  7500 
and greater than 17340 respectively. 
NF3 with a 100-year Global Warming Potential of 17200. 

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6. 

CONCLUSIONS AND NEXT STEPS 

The  provisions  in  the  Regulation  became  operational  at  different  stages  between  2006  and 
2011. The analysis has identified some shortcomings in the current application of some of its 
key provisions, in particular training and certification, containment, and recovery provisions.  

Given the short time period in which the Regulation has been operational, any present effect 
of  the  Regulation's  containment  and  recovery  provisions  cannot  yet  be  quantified. 
Nonetheless, the Regulation, through its use and marketing restrictions, has already helped the 
EU and its Member States to be on track with their commitments under the Kyoto Protocol to 
the United Nations Framework Convention on Climate Change, for the period 2008 to 2012.  

If  all  its  current  provisions  are  fully  applied  in  all  Member  States,  the  Regulation  together 
with the MAC Directive, would make it possible to avoid almost half of projected emissions 
by  2050,  stabilising  EU-27  emissions  at  today’s  levels  of  110  million  tonnes  of  CO2  eq.. 
Consequently, it is critical that Member States rapidly intensify their efforts to implement and 
enforce the Regulation properly. The Commission is willing to continue to support, organise 
and  facilitate  measures  aiming  at  better  application  of  the  legislation.  The  Commission  will 
also start infringement proceedings where appropriate.  

However, in the context of the overall EU objective to cut emissions by 80–95 % by 2050, the 
stabilisation of F-gas emissions at today’s levels is not adequate and the analysis shows that 
already available or emerging low-GWP technologies are technically feasible and can be cost-
effective in many application areas. With ongoing research constantly improving their safety 
and  performance  characteristics,  such  options  have  the  potential  to  gradually  replace 
technology  based  on  F-gases  with  high-GWP,  thereby  aiding  the  transition  to  a  climate-
friendly, low carbon economy. 

Consequently, the EU must take further action to achieve further cost-effective reductions of 
greenhouse gas emissions. The EU already supports global action to reduce F-gas emissions 
under  the  Montreal  Protocol  and  this  report  identifies  options  for  additional  cost-effective 
reductions of F-gases in the EU. The Commission will consult stakeholders on these options 
and will assess their potential economic, social and environmental impacts. On this basis the 
Commission will, if appropriate, present a legislative proposal for revising this Regulation. 

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Annex: Acronyms 

F-gases 

………Fluorinated greenhouse gases  

MAC Directive 
systems in motor vehicles 

Directive  2006/EC/40  relating  to  emissions  from  air-conditioning 

CO2 eq. 

………Carbon dioxide equivalent 

GWP  ………………Global Warming Potential 

HFC  ……………….Hydrofluorocarbons 

PFC  ……………….Perfluorocarbons  

SF6  ………………Sulphur hexafluoride 

NF3  ………………Nitrogen trifluoride 

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