Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on fluorinated greenhouse gases
Date: 2012-11-07
Institutions: European Commission
Subjects: climate change, environmental monitoring, environmental standard, greenhouse gas, labelling, market approval, reduction of gas emissions, stratospheric pollutant, tradeable emission permit

EUROPEAN 
COMMISSION 

Brussels, 7.11.2012  
COM(2012) 643 final 

2012/0305 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on fluorinated greenhouse gases 

(Text with EEA relevance) 

{SWD(2012) 363 final} 
{SWD(2012) 364 final} 

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EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

Problem description and objectives 

The international scientific consensus calls for limiting the global temperature increase to 2˚C 
to prevent undesirable climate effects1. In respect of this objective, the European Council has 
called for a reduction of greenhouse gas emissions in the EU by 80-95 % by 2050 compared to 
levels in 1990 in the context of similar action by developed countries. The EU Low Carbon 
Economy  Roadmap2  shows  that,  in  order  to  achieve  this  objective  at  the  lowest  cost,  all 
sectors  and  greenhouse  gases  must  contribute  including  fluorinated  greenhouse  gases  (F-
gases) whose warming potential can be up to 23,000 times more potent than carbon dioxide 
(CO2).  
In September 2011 the Commission published a report3 on the application of Regulation (EC) 
No 842/20064. It concluded that the Regulation could deliver significant emission reductions 
if  it  was  further  improved  and  fully  applied.  It  also  stated  that  more  needed  to  be  done  to 
further  reduce  F-gas  emissions  in  the  EU.  By  ensuring  that  F-gases  are  replaced  by  safe 
alternatives  with  no  or  a  lower  impact  on  the  climate,  yearly  emissions  expressed  in  CO2 
equivalent could be cut by two-thirds by 2030 at relatively low cost5.  

Clearly  early  action  to  exploit  relatively  cheap  abatement  options  for  F-gases  will  avoid 
potentially  higher  costs  associated  with  the  reduction  of  other  greenhouse  gases  in  other 
industrial  sectors6.  However,  some  stakeholders7  have  stated  that  it  is  difficult  to  market 
"greener"  alternative  technologies  under  prevailing  market  conditions.  In  Denmark  on  the 
other  hand,  where  stricter  national  rules  on  F-gases  apply,  start-ups  and  SMEs  have 
successfully  innovated  and  marketed  new  green  technologies,  turning  them  into  market 
leaders.  

In this context, this proposal aims to 

(1) 

replace  Regulation  (EC)  No  842/2006  on  certain  fluorinated  greenhouse  gases  in 
order  to  ensure  a  more  cost-efficient  contribution  to  achieving  the  EU’s  climate 
objectives  by  discouraging  the  use  of  F-gases  with  a  high  impact  on  the  climate  in 
favour  of  energy-efficient  and  safe  alternatives,  and  further  improving  the 

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5 

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of 

Panel 

Intergovernmental 

on  Climate  Change, 

Intergovernmental Panel on Climate Change (IPCC), ‘Contribution of Working Group III to the Fourth 
Assessment  Report 
2007’. 
the 
www.ipcc.ch/publications_and_data/ar4/wg3/en/contents.html. 
'A roadmap for moving to a competitive low carbon economy in 2050', COM (2011)112. 
eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:52011DC0112:EN:NOT  
Report  from  the  Commission  on  the  application,  effects  and  adequacy  of  the  Regulation  on  certain 
fluorinated greenhouse gases (Regulation (EC) No 842 /2006), COM(2011) 581 final. 
Regulation  (EC)  No  842/2006  of  the  European  Parliament  and  of  the  Council  of  17  May  2006  on 
certain fluorinated greenhouse gases, OJ L 161, 14.6.2006, p. 1. 
Schwarz  et  al.,  2011,‘Preparatory  study  for  a  review  of  Regulation  (EC)  No  842/2006  on  certain 
fluorinated greenhouse gases’, Öko-Recherche et al. 
For  perspective,  the  cost-efficient,  yearly  F-Gas  emission  reductions  possible  by  2030  correspond 
roughly  to  what  the  industries  covered  by  the  EU's  Emission  Trading  System  (ETS)  must  currently 
reduce over two years. 
"How  to  bring  natural  refrigerants  faster  to  market",  Summary  report  of  ATMOsphere  2010, 
International workshop on natural refrigerants. 

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containment  and  end-of-life  treatment  of  products  and  equipment  that  contain  F-
gases; 

(2) 

(3) 

(4) 

(5) 

enhance sustainable growth, stimulate innovation and develop green technologies by 
improving  market  opportunities  for  alternative  technologies  and  gases  with  a  low 
impact on the climate; 

bring  the  EU  into  line  with  the  latest  scientific  findings  at  international  level,  as 
described in the Fourth Assessment Report of the UN’s IPCC, e.g. with regard to the 
substances  covered  by  this  regulation  and  the  calculation  of  their  global  warming 
potential (GWP); 

help  to  bring  about  a  consensus  on  an  international  agreement  to  phase  down 
hydrofluorocarbons (HFCs), the most relevant group of F-gases, under the Montreal 
Protocol; 

simplify and clarify Regulation (EC) No 842/2006 to reduce administrative burden in 
line with the Commission’s commitment to better regulation. 

Background 

According  to  the  cost-effective  pathway  to  decarbonise  the  EU  economy,  emissions  of  F-
gases  should  be  reduced  in  the  order  of  70-78%  by  2050  and  by  72-73%  by  2030  at  a 
marginal  abatement  cost  of  approximately  €50  per  tonne  CO2  equivalent.2  In  total,  F-gases 
account  for  2%  of  all  greenhouse  gases  in  the  EU  today  but  have  a  much  more  potent 
atmospheric  warming  potential  than  CO2.  They  are  used  in  a  variety  of  refrigeration  and 
air-conditioning equipment, in insulation foams and electrical equipment, in aerosol sprays, as 
solvents  or  in  fire  protection  systems.  Emissions  occur  mainly  during  emissive  uses  (of 
aerosol sprays or solvents for example) or due to leakage during the operation and disposal of 
products and equipment that contain F-gases. 

Most F-gases have been developed by industry to replace ozone-depleting substances (ODS) 
that are being phased out under the Montreal Protocol. Due to greater wealth and population 
growth, more products and equipment that rely on F-gases or ODS are sold. As a result, there 
has been a sharp increase worldwide in the production and use of F-gases since 1990 and will, 
if  unaddressed,  lead  to  considerable  emissions  into  the  atmosphere.  Since  products  and 
equipment  that  contain  F-gases  often  have  a  long  life,  if  no  action  is  taken  today,  high 
emissions that could have been prevented will continue for decades to come. 

The current F-Gas Regulation focuses mainly on the containment and end-of-life processing 
of  products  and  equipment  that  contain  F-gases.  Current  EU  F-gas  policies  are  expected  to 
stabilise F-gas emissions in the EU, if shortcomings in the application of certain measures are 
rectified. However, it is unlikely that there will be a reduction of emissions in absolute terms 
unless additional measures are implemented.  

There are currently only a few measures in place to avoid the use of F-gases. Nevertheless, 
today it is possible, in almost all sectors in which F-gases are used, to fully or partially replace 
them  with  alternatives  that  are  safe  and  at  least  as  energy-efficient.  Policy  measures  must, 
however,  take  into  account  the  fact  that  the  numerous  types  of  products  and  equipment  are 
concerned and that the technical feasibility and costs and benefits of replacing F-gases may 
depend on the size of the product or equipment and on where it will be used. 

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Internationally, the growing problem of F-gas emissions is receiving attention. In 2009, 2010, 
2011 and 2012, several parties to the Montreal Protocol submitted proposals to phase down 
the  supply  and  consumption  of  HFCs  worldwide.  The  envisaged  measures  under  this 
Regulation  would  anticipate  a  global  phase-down  along  the  lines  of  the  current  proposals 
under the Montreal Protocol and would thus prepare the EU for such future obligations. The 
EU has supported these proposals as a complement to action to mitigate climate change under 
the United Nations Framework Convention on Climate Change (UNFCCC)8. Little progress 
has been made in the negotiations so far because China, India, Brazil and other countries have 
refused  to  discuss  this  issue  under  the  Montreal  Protocol.  However,  the  United  Nations 
Conference  on  Sustainable  Development  (Rio+20)  recently  expressed  support  for  a  gradual 
phase-down of the consumption and production of HFCs9. 

In  addition,  the  Climate  and  Clean  Air  Coalition  to  Reduce  Short-Lived  Climate  Pollutants 
was established in 2012. The G8, the United Nations Environmental Programme (UNEP), the 
World  Bank  and  the  European  Commission  have  joined  it.  A  priority  area  for  action  are 
emissions of HFCs10. The European Parliament has also repeatedly called for ambitious action 
on F-gases, in particular HFCs11. 

Current EU legislation on F-gases consists of two main legislative acts: 

(1) 

(2) 

Regulation  (EC)  No  842/2006  focusing  on  preventing  leakage  during  use 
(containment)  and  at  the  end  of  the  life  of  (mostly)  stationary  equipment  and  on  a 
limited  number  of  F-gas  bans  on  narrowly  defined  niche  applications  (the  F-Gas 
Regulation),  

Directive  2006/40/EC  of  the  European  Parliament  and  of  the  Council  introducing 
restrictions on the use of F-gases with global warming potential (GWP) of more than 
150 in the air-conditioning systems of new motor vehicles (the MAC Directive). 

Regulation (EC) No 842/2006 is complemented by ten Commission Regulations establishing 
the  format  for  reports12,  the  form  of  labels  and  additional  labelling  requirements13,  standard 
leakage14,  15,  requirements  for 
training  and  certification 
requirements  for  checking 
programmes16, 17, 18, 19, 20 and the format for notifying them21. 

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Council Conclusions of 10 October 2011 on Preparations for the 17th session of the Conference of the 
Parties (COP 17) to the United Nations Framework Convention on Climate Change (UNFCCC) and 7th 
session of the Meeting of the Parties to the Kyoto Protocol in Durban. 
http://www.uncsd2012.org/thefuturewewant.html. 
http://www.unep.org/CCAC/. 
European  Parliament  Resolution  of  14  September  2011,  ‘A  comprehensive  approach  to  non-CO2 
climate-relevant  anthropogenic  emissions’,  P7_TA-PROV(2011)0384  and  European  Parliament 
Resolution  of  15  March  2012,  ‘Competitive  low  carbon  economy  in  2050  —  EP  resolution  on  a 
roadmap for moving to a competitive low carbon economy in 2050’, P7_TA-PROV(2012)0086. 
Commission Regulation (EC) No 1493/2007 of 17 December 2007, OJ L 332, 18.12.2007, p. 7. 
Commission Regulation (EC) No 1494/2007 of 17 December 2007, OJ L 332, 18.12.2007, p. 25. 
Commission Regulation (EC) No 1516/2007 of 19 December 2007, OJ L 335, 20.12.2007, p. 10. 
Commission Regulation (EC) No 1497/2007 of 18 December 2007, OJ L 333, 19.12.2007, p. 4. 
Commission Regulation (EC) No 303/2008 of 2 April 2008, OJ L 92, 3.4.2008, p. 3. 
Commission Regulation (EC) No 304/2008 of 2 April 2008, OJ L 92, 3.4.2008, p. 12. 
Commission Regulation (EC) No 305/2008 of 2 April 2008, OJ L 92, 3.4.2008, p. 17. 
Commission Regulation (EC) No 306/2008 of 2 April 2008, OJ L 92, 3.4.2008, p. 21. 
Commission Regulation (EC) No 307/2008 of 2 April 2008, OJ L 92, 3.4.2008, p. 25. 
Commission Regulation (EC) No 308/2008 of 2 April 2008, OJ L 92, 3.4.2008, p. 28. 

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Consistency with other policies and objectives of the Union 

The right of the European Union to act in this area is set out in Articles 191 and 192 of the 
Treaty on the Functioning of the European Union (TFEU). Article 191 explicitly refers to the 
objective  of  combating  climate  change  as  part  of  the  EU’s  environmental  policy.  Action  in 
this area fully respects the principle of subsidiarity. Climate change is a cross-border issue on 
which EU-wide action is needed, in particular since the EU has a common emission reduction 
target. 

The cost-efficient emission reductions planned are consistent with the pathway outlined in the 
2050  EU  Low  Carbon  Roadmap.  Support  for  new  alternatives  will  help  maintain  the 
competitiveness of the European economy and support green growth in particular, in line with 
the EU 2020 priority of sustainable growth22. Measures to safeguard the interests of SMEs are 
introduced along ‘think small first’ lines23, while special attention is paid to impacts on energy 
efficiency to ensure consistency in line with work the EU has done to encourage ecodesign24 
and  energy  efficiency25.  Finally,  the  proposal  also  aims  to  simplify  the  legislation  and  keep 
administrative burden for public (EU or national) authorities and companies to a minimum. 

2. 

RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND 
IMPACT ASSESSMENTS 

Consultation of interested parties and the collection and use of expertise 

The  Commission  has  gathered  extensive  technical  advice  from  a  number  of  expert 
studies26, 27, 28, 29  including  a  comprehensive  preparatory  study5  for  the  review  of  Regulation 
(EC) No 842/2006. A 47-member group of experts from the various industry sectors, Member 
States and NGOs was asked to provide guidance and technical input for this study. The Joint 
Research Centre (JRC) also did a macro-economic analysis of policy options. 

The Commission carried out a broad consultation with stakeholders, including a three-month 
public online consultation from 26 September to 19 December 2011 and an open hearing in 
Brussels  on  13  February  2012.  Three  quarters  of  the  261  stakeholders  who  replied  in  the 
online consultation were from industry. With regard to the most adequate policy approaches 
in the absence of a worldwide phase-down of HFCs, less than 2 % of stakeholders replied ‘no 
further action’. The three most frequently chosen policy options were strengthening measures 

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29 

http://ec.europa.eu/europe2020/priorities/sustainable-growth/index_en.htm. 
http://ec.europa.eu/enterprise/policies/sme/small-business-act/index_en.htm. 
http://ec.europa.eu/enterprise/policies/sustainable-business/ecodesign/index_en.htm. 
http://ec.europa.eu/energy/efficiency/index_en.htm. 
SKM  Enviros,  2012,  ‘Further  Assessment  of  Policy  Options  for  the  Management  and  Destruction  of 
Banks  of  ODS  and  F-Gases  in  the  EU.’  http://ec.europa.eu/clima/policies/ozone/research/docs/ods_f-
gas_destruction_report_2012_en.pdf. 
Becken  et  al.,  2010.  ‘Avoiding  Fluorinated  Greenhouse  Gases  —  Prospects  for  Phasing  Out’, 
Umweltbundesamt, Dessau, Germany. http://www.umweltbundesamt.de/uba-info-medien-e/3977.html. 
UNEP  Technology  and  Economic  Assessment  Panel  (TEAP),  Nairobi,  2009.  ‘Assessment  of 
Alternatives to HCFCs and HFCs and Update of the TEAP 2005 Supplement Report Data’, Montreal 
Protocol, Report of the UNEP Technology and Economic Assessment Panel. 
http://ozone.unep.org/teap/Reports/TEAP_Reports/teap-may-2009-decisionXX-8-task-force-report.pdf. 
Clodic  et  al.,  2011,  ‘1990  to  2010  Refrigerant  Inventories  for  Europe  —  Previsions  on  banks  and 
emissions from 2006 to 2030 for the European Union’, Armines/ERIE. 
http://www.epeeglobal.org/refrigerants/F-Gas-review/. 

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for containment and recovery, voluntary agreements and quantitative limits on placing HFCs 
on  the  EU  market  (phase-down).  Many  respondents  thought  several  policy  measures  were 
appropriate. 

The stakeholder hearing, attended by over 130 stakeholders, revealed that a large majority of 
industry preferred or could live with a phase-down of the supply of F-gases. This would give 
it some flexibility in cases where alternative technologies were not yet considered suitable. In 
contrast,  they  thought  that  bans  on  new  equipment  were  too  rigid  or  that  they  required  a 
complex  set  of  exemptions.  For  commercial  users  of  F-gas  equipment,  it  was  crucial  that 
existing equipment would not become redundant. NGOs and stakeholders from industry who 
are  working  with  alternative  technologies  thought  that  it  was  essential  to  have  bans  with 
minor exemptions. They regarded a phase-down as a complement to bans. A few stakeholders 
wanted to focus only on better application of the Regulation. At that stage, Member States had 
no  official  positions  but  indicated  support  for  a  phase-down.  A  network  of  Environmental 
Protection  Agencies30  recommended  combining  a  phase-down  mechanism  with  bans  to 
reinforce the phase-down. 

Impact assessment 

The  Commission  did  an  impact  assessment  of  policy  alternatives  in  terms  of  their 
effectiveness in achieving the policy objectives and their environmental, economic and social 
impacts on stakeholders. A wide range of policy measures to complement existing measures 
were  considered.  The  final  options  contained  only  measures  that  were  shown  to  deliver 
substantial  emission  savings  at  low  abatement  costs  and  to  be  consistent  with  other  EU 
policies. 

Full  application  of  the  F-Gas  Regulation  was  set  as  the  baseline  option.  Four  other  policy 
options were assessed in detail: 

(a) 

(b) 

(c) 

(d) 

Voluntary agreements; 

Extended scope for containment and recovery measures; 

Quantitative limits on the supply of HFCs (phase-down);  

A  ban  on  placing  certain  products  and  equipment  that  contain  F-gases  on  the  EU 
market. 

The methodological basis for the impact assessment was a detailed analysis of the feasibility 
of introducing safe, energy-efficient alternatives in the 28 main sectors that use F-gases. Since 
alternative  technologies  were  only  taken  into  account  if  they  were  considered  at  least  as 
energy-efficient  as  conventional  F-gas  technologies,  indirect  emissions  from  electricity 
consumption were inherently addressed from the outset. 

Impacts  at  different  stages  in  the  production  chain  and  at  different  stages  of  use  were 
considered, i.e. on producers of chemicals; producers of products and equipment; wholesalers; 
industrial  users  of  products  and  equipment;  companies  that  service  equipment  and  final 
consumers. 

30 

Letter of the European Network of the Heads of Environmental Protection Agencies to Commissioners 
Potočnik, Hedegaard, Tajani and Oettinger, 15 May 2012. 

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The  impact  assessment  showed  that  a  phase-down  of  HFCs  that  introduces  gradually  lower 
limits until 2030 for the amounts of these F-gases to be put on the market in the EU would 
deliver the most emission savings, reducing today’s emissions by two thirds by 2030 (roughly 
70 million tonnes of CO2 equivalent). Some restrictions on the use of F-gases are appropriate, 
in particular to safeguard the integrity of the phase-down and to target F-gases not covered by 
the phase-down. Measures on containment and recovery should be extended to some modes 
of transport. Together, these options would most stimulate innovation and the development of 
green  technologies.  Their  cost  to  the  economy  and  society  as  a  whole  would  be  low  (a 
maximum  effect  on  GDP  of  -0.006 %),  while  giving  industry  flexibility.  An  emission 
reduction  of  two  thirds  would  be  in  line  with  the  current  proposals  under  the  Montreal 
Protocol and prepare EU industry for a phase-down. It would lead to cost reductions due to 
higher market penetration and to economies of scale for alternative technologies, thus helping 
to reach an agreement on the proposals under the Montreal Protocol. 

Administrative  costs  can  be  kept  relatively  low  (total  administrative  costs  of  around  two 
million euro a year for a phase-down). This is because the reporting scheme under Regulation 
(EC) No 842/2006 already provides most of the data needed to implement any policy options 
in the future. 

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

Summary of the proposed action 

The proposal  maintains  the  current provisions of  the  F-Gas  Regulation,  with  adjustments  to 
ensure better implementation and enforcement of the legislation by national authorities. Some 
containment measures have also been extended to refrigerated trucks and trailers. Annex IX 
provides  in  a  correlation  table  an  overview  on  how  the  existing  provisions  have  been 
integrated in the proposed regulation. 

The  most  important  new  measure  is  the  introduction  of  quantitative  limits  on  the  supply  of 
bulk HFC substances in the EU, decreasing over time. This phase-down is complemented by 
measures  ensuring  that  quantities  used  in  products  and  equipment  are  also  covered  by  this 
mechanism. 

The phase-down mechanism involves a gradually declining cap on the total placement of bulk 
HFCs (in tonnes of CO2 equivalent) on the market in the EU with a freeze in 2015, followed 
by  a  first  reduction  in  2016  and  reaching  21 %  of  the  levels  sold  in  2008–11  by  2030. 
Producers of products and equipment who face a restricted supply of F-gases will switch to 
alternative technologies where feasible. 

The phase-down mechanism is based to a large extent on the experience gained from phasing 
down  the  consumption  of  ODS.  Companies  that  place  bulk  HFCs  on  the  EU  market  must 
have  rights  to  place  bulk  substances  on  the  EU  market  for  the  first  time.  The  Commission 
allocates  free  quotas  to  companies  based  on  past  reporting  data,  with  a  reserve  for  new 
entrants. Companies must make sure that they have enough rights to cover their actual placing 
of products and equipment on the market. They may transfer quotas among themselves. The 
Commission checks compliance the following year, with independent verification of reports. 
Around 100 companies are expected to participate and a threshold ensures that companies that 
only place small quantities on the market are exempted. 

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HFCs imported in pre-charged equipment should also be counted under the phase-down and 
so  complementary  measures  are  indispensable  to  tackle  these  gases  to  ensure  the 
environmental  integrity31  of  the  phase-down  mechanism  and  a  level  playing  field  in  the 
market. Therefore, non-hermetically sealed HFC appliances would still be able to be produced 
in,  or  imported  into,  the  EU  but  they  would  have  to  be  filled  at  the  place  of  installation.32 
Similarly,  the  placing  on  the  market  of  movable  air  conditioning  containing  HFCs  will  be 
banned  from  2020.  A  few  additional  bans  are  introduced  to  underpin  the  phase-down 
mechanism  and  restrict  the  use  of  other  F-gases  not  covered  by  the  mechanism  and  which 
have  been  found  to  be  cost-effective  in  relation  to  the  overall  required  level  of  emissions 
reduction. See table 1 for overview. 

Table 1. Summary overview over new equipment restrictions 

Products and equipment  

Date of prohibition 

Use of HFC-23 in fire protection systems and fire 
extinguishers 

Domestic refrigerators and freezers with HFCs with 
GWP of 150 or more 

1 January 2015 

1 January 2015 

Refrigerators and freezers for commercial use 
(hermetically sealed systems) 

1 January 2017 for HFCs with GWP of 2500 or more 

1 January 2020 for HFCs with GWP of 150 or more 

Movable room air-conditioning appliances 
(hermetically sealed) with HFCs with GWP of 150 or 
more 

1 January 2020  

In addition, recharging of existing refrigeration equipment with a charge size over 5 tonnes of 
CO2  equivalent  with  HFC  of  very  high  GWP  (>2500)  will  not  be  permitted  from  2020 
onwards as more adequate and energy efficient drop-in refrigerants of lower GWP are already 
widely available on the market. 

Restrictions  on  the  use  of  SF6  in  magnesium  die  casting  is  extended  also  to  facilities  using 
less than 850 kg per year as technological progress has rendered such use obsolete. 

Additional reporting obligations should enable monitoring of the use of F-gases that are not 
covered by current legislation. 

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32 

It is estimated that in 2030, almost 20 % of the quantities of hydrofluorocarbons placed on the market 
will  be  inside  imported  equipment.  If  imported  equipment  did  not  have  to  face  the  same  supply 
restrictions  on  F-Gases  as  equipment  produced  in  the  EU,  it  is  likely  that  the  share  of  imported 
equipment and hence the uncontrolled supply of F-Gases would be even higher. 
Filling HFC equipment during on-site installation would also allay the concerns of the service industry 
(mainly  SMEs)  that  at  present,  new  equipment  is  often  not  installed  correctly,  without  the  use  of 
certified experts as required by the F-Gas Regulation. This leads to additional emissions. AREA, 2010, 
‘Position paper:  Review of Regulation  (EC)  No  842/2006 on  certain fluorinated greenhouse  gases — 
pre-charged non-monobloc air-conditioning equipment.’ www.area-eur.be. 

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Legal basis 

The  primary  objective  of  the  Regulation  is  to  provide  a  high  level  of  protection  for  the 
environment, in particular by combating climate change. This proposal is therefore based on 
Article 192(1) of the Treaty on the Functioning of the European Union. 

Subsidiarity principle 

The objectives of the proposal cannot be sufficiently achieved by the Member States. The EU 
will better achieve the objectives for the following reasons. 

Protecting the climate system is a cross-border issue. Individual Member States cannot solve 
the  problems  alone.  The  scale  of  the  problem  demands  EU-wide  action  as  well  as  action 
worldwide.  The  proposal  also  aims  to  create  the  legal  framework  for  implementing  an 
international  agreement  on  the  phase-down  of  HFCs,  to  which  the  EU  would  be  party.  The 
agreement is currently under discussion at international level. 

The Regulation provides for banning the placing on the market and the use of certain products 
and equipment that contain F-gases. It is therefore relevant to the functioning of the internal 
market. 

The proposal focuses on amending and complementing EU legislation and on strengthening 
some provisions to improve its implementation and enforcement by Member States. 

It therefore complies with the subsidiarity principle. 

Proportionality principle 

The  proposal  complies  with  the  proportionality  principle.  The  measures  are  based  on  a 
thorough  assessment  of  their  cost-efficiency.  The  thresholds  for  acceptable  abatement  costs 
are in line with the Low Carbon Roadmap33, setting out the overall strategy to combat climate 
change.  Sufficiently  long  transition  periods  allow  the  sectors  concerned  to  adapt  in  an 
economically efficient way. 

Where  restrictions  on  certain  F-gas  applications  are  envisaged,  the  proposal  ensures  that 
technically  and  economically  feasible  alternatives  are  available.  If  under  particular 
circumstances this is not the case, it allows derogations to be granted. 

No detailed provisions are proposed in areas where the objectives might be better achieved by 
action in other policy areas, for example by legislation on waste or ecodesign. This is to avoid 
overlaps  that  might  lead  to  the  unclear  allocation  of  responsibilities,  creating  an  additional 
burden for public authorities and companies. 

Choice of instruments 

The legal instrument chosen is a Regulation because the proposal aims to replace and improve 
the existing Regulation and because the phase-down mechanism should build on the system 
established  at  EU  level  for  the  phase-down  of  ozone  depleting  substances.  This  system  has 

33 

A Roadmap for moving to a competitive low carbon economy in 2050, COM(2011) 112 final. 

EN 

9 

   EN 

                                                 
 
proven  to  work  efficiently.  Any  change  to  the  system  would  unduly  burden  both  Member 
States and the companies active in this sector. 

4. 

BUDGETARY IMPLICATION 

The proposal has no incremental impact on the budget of the European Union. 

EN 

10 

   EN 

2012/0305 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on fluorinated greenhouse gases 

(Text with EEA relevance) 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 192(1) thereof, 

Having regard to the proposal from the Commission, 

After transmission of the draft legislative act to the national Parliaments, 

Having regard to the opinion of the European Economic and Social Committee34, 

Having regard to the opinion of the Committee of the Regions35, 

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

(2) 

34 
35 
36 

37 

38 

The  Fourth  Assessment  Report  of  the  Intergovernmental  Panel  on  Climate  Change 
("IPCC")  of  the  United  Nations  Framework  Convention  on  Climate  Change 
("UNFCCC"),  to  which  the  Union  is  party36,  stated  that,  on  the  basis  of  existing 
scientific data, developed countries would need to reduce greenhouse gas emissions by 
80 %  to  95 %  below  1990  emissions  by  2050  to  limit  global  climate  change  to  a 
temperature increase of 2˚C and thus prevent undesirable climate effects37. 

To reach this target, the European Commission has laid out in a Low Carbon Economy 
Roadmap a cost-effective way of achieving the necessary overall emission reductions 
in the Union by 205038. This roadmap establishes the sectoral contributions needed in 
six  areas.  Non-CO2  emissions  (including  fluorinated  greenhouse  gases  but  excluding 
non-CO2 emissions from agriculture) should be reduced by 72 % to 73 % by 2030 and 

OJ C , , p. . 
OJ C , , p. . 
Council  Decision of 15  December  1993  concerning  the  conclusion  of  the  United Nations Framework 
Convention on Climate Change, OJ L 33, 7.2.1994, p. 11. 
Intergovernmental Panel on Climate Change (IPCC), ‘Contribution of Working Group III to the Fourth 
Assessment  Report  of  the  Intergovernmental  Panel  on  Climate  Change,  2007’,  Mitigation  of  Climate 
Change, Chapter 13.3.3. 
A Roadmap for moving to a competitive low carbon economy in 2050, COM(2011) 112 final. 

EN 

11 

   EN 

                                                 
by  70 %  to  78 %  by  2050,  compared  to  1990  levels.  If  based  on  the  reference  year 
2005,  a  reduction  in  non-CO2  emissions,  except  those  from  agriculture,  of  60 %  to 
61 % by 2030 is required. Fluorinated greenhouse gas emissions were estimated at 90 
million tonnes (Mt) of CO2 equivalent in 2005. A 60 % reduction means that emissions 
would  have  to  be  reduced  to  around  35  Mt  of  CO2  equivalent  by  2030.  Given 
estimated emissions of 104 Mt of CO2 equivalent in 2030 based on the full application 
of current legislation, a further decrease of around 70 Mt of CO2 equivalent is required. 

A  Commission  report39  on  the  application,  effects  and  adequacy  of  Regulation  (EC) 
No 842/200640 concluded that the current containment measures, if fully applied, have 
the  potential  to  reduce  emissions  of  fluorinated  greenhouse  gases.  Those  measures 
should, therefore, be maintained and clarified on the basis of the experience gained in 
implementing them. Certain measures should also be extended to other appliances in 
which  substantial  quantities  of  fluorinated  greenhouse  gases  are  used,  such  as 
refrigerated  trucks  and  trailers.  The  obligation  to  establish  and  maintain  records  of 
equipment that contains such gases should also cover electrical switchgear. 

The Commission's report also concluded that more can be done to reduce emissions of 
fluorinated greenhouse gases in the Union, in particular by avoiding the use of those 
gases where there are safe and energy efficient alternative technologies with no impact 
or a lower impact on the climate. A decrease of up to two thirds of the 2010 emissions 
by 2030 is cost-effective because proved and tested alternatives are available in many 
sectors. 

To  encourage  the  use  of  such  technologies,  the  training  of  persons  who  carry  out 
activities involving fluorinated greenhouse gases should cover technologies that serve 
to replace and reduce the use of fluorinated greenhouse gases. Certificates should have 
a limited validity and the initial period of validity should only be extended on the basis 
of  compulsory  periodic  training,  to  ensure  that  those  persons  are  kept  aware  of  new 
technical developments. 

To ensure coherence with monitoring and reporting requirements under the UNFCCC 
and with Decision 4/CMP.7 of the Conference of the Parties serving as the meeting of 
the  Parties  to  the  Kyoto  Protocol,  global  warming  potentials  should  be  calculated  in 
terms  of  the  100-year  global  warming  potential  of  one  kilogram  of  a  gas  relative  to 
one  kilogram  of  CO2.  The  calculation  should  where  possible  be  based  on  the  fourth 
assessment report adopted by the IPCC. 

Given that there are suitable alternatives, the current ban on using sulphur hexafluoride 
in magnesium die-casting and the recycling of magnesium die-casting alloys should be 
extended to facilities that use less than 850 kg per year. Similarly, with an appropriate 
transitional  period,  the  use  of  refrigerants  with  very  high  global  warming  potential 
("GWP") to service or maintain refrigeration equipment with a charge size equivalent 
to 5 tonnes of CO2 or more should be banned. 

(3) 

(4) 

(5) 

(6) 

(7) 

39 

40 

Report  from  the  Commission  on  the  application,  effects  and  adequacy  of  the  Regulation  on  certain 
fluorinated greenhouse gases (Regulation (EC) No 842/2006), COM(2011) 581 final. 
Regulation  (EC)  No  842/2006  of  the  European  Parliament  and  of  the  Council  of  17  May  2006  on 
certain fluorinated greenhouse gases, OJ L 161, 14.6.2006, p. 1. 

EN 

12 

   EN 

                                                 
(8) 

(9) 

Additional bans on the placing on the market of new equipment for refrigeration, air-
conditioning  and  fire  protection  that  operate  using  specific  fluorinated  greenhouse 
gases should be introduced where suitable alternatives to the use of those substances 
are available. In the light of future technical developments and the availability of cost-
efficient  alternatives  to  the  use  of  fluorinated  greenhouse  gases,  the  Commission 
should  be  empowered  to  include  other  products  and  equipment  or  to  exclude,  also 
temporarily,  certain  categories  of  products  or  equipment  for  which  alternative 
substances  which  fall  below  the  specified  global  warming  potential  limit  are  not 
available  for  technical  or  economic  reasons,  including  insufficient  supply  of 
alternative substances on the market to meet the demand, or due to applicable safety 
standards excluding the use of relevant alternatives. 

Such  bans  should  only  be  introduced  where  they  will  result  in  lower  overall 
greenhouse  gas  emissions,  in  particular  from  both  the  leakage  of  any  fluorinated 
greenhouse  gases  and  the  CO2  emissions  resulting  from  their  energy  consumption. 
Equipment  containing  fluorinated  greenhouse  gases  should  thus  be  allowed  if  their 
overall  greenhouse  gas  emissions  are  less  than  those  that  would  result  from  an 
equivalent equipment without fluorinated greenhouse gases, which has the maximum 
allowed energy consumption set out in relevant implementing measures adopted under 
Directive 2009/125/EC (Ecodesign)41. 

(10)  To  ensure  that  only  persons  who  have  been  duly  certified  install  non-hermetically 
sealed refrigeration, air-conditioning and heat-pump equipment, there should be a ban 
on  the  placing  on  the  market  of  this  equipment  pre-filled  with  hydrofluorocarbons. 
This  measure  should  also  ensure  that  all  quantities  used  for  the  first  filling  of  such 
equipment are subject to the reduction measures. 

(11)  Gradually  reducing  the  placing  on  the  market  of  hydrofluorocarbons  has  been 
identified  as  the  most  effective,  cost-efficient  way  of  reducing  emissions  of  those 
substances in the long term.  

(12)  To 

implement 

the  gradual 

the  market  of 
hydrofluorocarbons,  the  Commission  should  allocate  quotas  to  individual  producers 
and  importers  for  placing  them  on  the  market  in  order  that  the  overall  quantitative 
limit for placing hydrofluorocarbons on the market in the Union is not exceeded. 

the  placing  on 

reduction  of 

(13)  The  quota  allocation  to  individual  companies  should  be  based  on  the  quantities  of 
hydrofluorocarbons they have produced or imported during the reference period from 
2008  to  2011.  However,  in  order  not  to  exclude  small  operators,  five  per  cent of  the 
overall quantitative limit should be reserved for importers and producers who have not 
imported  or  produced  more  than  1  tonne  of  fluorinated  greenhouse  gases  in  the 
reference period. 

(14)  By  regularly  recalculating  the  quotas  the  Commission  should  ensure  that  new 
operators are allowed to continue their activities on the basis of the average volumes 
they placed on the market in the recent past. 

41 

Directive 2009/125/EC of the European Parliament and of the Council of 21 October 2009 establishing 
a  framework  for  the  setting  of  ecodesign  requirements  for  energy-related  products,  OJ  L  285, 
31.10.2009, p. 10. 

EN 

13 

   EN 

                                                 
(15)  The Commission should ensure that a central electronic registry is in place to manage 
the  quotas,  based  on  the  system  for  licensing  trade  under  Regulation  (EC) 
No 1005/2009 of the European Parliament and of the Council of 16 September 2009 
on substances that deplete the ozone layer42. 

(16)  To  maintain  the  flexibility  of  the  market  in  bulk  hydrofluorocarbons,  transferring 
quotas should be permitted, also to producers and importers that have not been active 
in the sector before. 

(17) 

In order to make it possible to monitor the effectiveness of the Regulation, the scope 
of  the  current  reporting  obligations  should  be  extended  to  cover  other  fluorinated 
substances that have significant GWP or are likely to replace fluorinated greenhouse 
gases  listed  in  Annex  I  as  well.  For  the  same  reason  the  destruction  of  fluorinated 
greenhouse gases and the importation of those gases when contained in products and 
equipment  should  also  be  reported.  De  minimis  thresholds  should  be  set  to  avoid 
disproportionate  administrative  burden,  in  particular  for  small  and  medium-sized 
enterprises and micro-enterprises. 

(18)  The Commission should continuously  monitor  the  effects  of  reducing  the  placing  on 
the market of hydrofluorocarbons, including the effect of reduction on the supply for 
appliances  where  the  use  of  hydrofluorocarbons  would  result  in  lower  life-cycle 
emissions  than  if  an  alternative  technology  was  used.  The  monitoring  should  also 
ensure the early detection of health or safety concerns, due to negative impacts on the 
availability  of  medicinal  products.  A  comprehensive  review  should  be  carried  out 
before  2030  in  time  to  adapt  the  provisions  of  this  Regulation  in  the  light  of  its 
implementation  and  of  new  developments  and  to  adopt,  if  appropriate,  further 
reduction measures. 

(19)  To ensure uniform conditions for the implementation of this Regulation, implementing 
powers should be conferred on the Commission to determine the formats of records to 
be kept on equipment installed, serviced, maintained, repaired or decommissioned, of 
the notification of training and certification programmes and of the labels for products 
and  equipment;  to  determine  reference  values  for  importers  and  producers  based  on 
the  quantities  of  hydrofluorocarbons  placed  on  the  market  in  the  Union  and  to 
determine  the  format  and  means  of  submitting  reports.  Those  powers  should  be 
exercised  in  accordance  with  Regulation  (EU)  No  182/2011  of  the  European 
Parliament and of the Council of 16 February 2011 laying down the rules and general 
principles  concerning  mechanisms  for  control  by  the  Member  States  of  the 
Commission’s exercise of implementing powers43. 

(20) 

In  order  to  take  technological  progress  and  the  development  of  markets  affected  by 
this Regulation into account, and to ensure compliance with international agreements, 
the  power  to  adopt  acts  in  accordance  with  Article  290  of  the  Treaty  on  the 
Functioning  of  the  European  Union  should  be  delegated  to  the  Commission  with 
regard  to  the  following:  specifying  requirements  for  standard  leakage  checks; 
extending  the  list  of  equipment  subject  to  mandatory  recovery  of  fluorinated 
greenhouse gases; specifying minimum requirements and the conditions for the mutual 
recognition  of  training  programmes  for  persons  who  install,  maintain,  repair  or 

42 
43 

OJ L 286, 31.10.2009, p. 1. 
OJ L 55, 28.2.2011, p. 13. 

EN 

14 

   EN 

                                                 
decommission the equipment and who check leaks and recover fluorinated greenhouse 
gases,  and  for  the  certification  of  those  persons  and  of  companies  that  perform  such 
tasks; amending labelling requirements; prohibiting the placing on the market of more 
products  and  equipment  that  contain  or  rely  on  fluorinated  greenhouse  gases; 
amending  the  maximum  quantities  of  hydrofluorocarbons  that  may  be  placed  on  the 
market and exempting the supply of hydrofluorocarbons for specific critical uses from 
the  quota  requirement  for  health  and  safety  reasons;  determining  the  rules  for 
recalculating reference values for the placing on the market of hydrofluorocarbons by 
individual  undertakings  and  amending  or  supplementing  the  mechanism  for  the 
allocation  of  quotas;  revising  the  thresholds  for  reporting  requirements;  establishing 
requirements for the reporting  systems on emissions of fluorinated greenhouse  gases 
and the use of the data on emissions collected by the Member States; including other 
substances  with  a  significant  global  warming  potential  in  the  lists  of  substances 
covered  by  this  Regulation  and  updating  the  lists  on  the  basis  of  new  scientific 
findings,  in  particular  the  global  warming  potential  of  the  substances  listed  in  the 
annexes to the Regulation. 

(21) 

It is of particular importance that the Commission carry out appropriate consultations 
during its preparatory work, including at expert level. When preparing and drawing up 
delegated acts, the Commission should ensure a simultaneous, timely and appropriate 
transmission of relevant documents to the European Parliament and to the Council. 

(22)  This  Regulation  amends  and  complements  Regulation  (EC)  No  842/2006,  which 

should therefore be replaced, 

HAVE ADOPTED THIS REGULATION: 

CHAPTER I 
GENERAL PROVISIONS 

Article 1 
Definitions 

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

(1) 

(2) 

(3) 

‘fluorinated  greenhouse  gases’  means 
("HFCs"), 
perfluorocarbons ("PFCs"), sulphur hexafluoride ("SF6") and other greenhouse gases 
that contain fluorine, as listed in Annex I, whether alone or in a mixture; 

the  hydrofluorocarbons 

‘global  warming  potential’  ("GWP")  means  the  climatic  warming  potential  of  a 
greenhouse gas relative to that of carbon dioxide ("CO2"), calculated in terms of the 
100-year warming potential of one kilogram of a gas relative to one kilogram of CO2, 
as laid down in Annexes I, II and III; 

‘tonne(s)  CO2  equivalent’  means  a  quantity  of  greenhouse  gases,  or  of  a  mixture 
containing  such  gases,  expressed  as  the  product  of  the  weight  of  the  greenhouse 
gases in metric tonnes and their global warming potential; 

EN 

15 

   EN 

(4) 

(5) 

(6) 

(7) 

(8) 

(9) 

(10) 

(11) 

(12) 

‘operator’  means  the  natural  or  legal  person  possessing  the  equipment  and  systems 
covered  by  this  Regulation  and  exercising  actual  power  over  the  technical 
functioning of them; 

‘use’ means the use of fluorinated greenhouse gases in the production, maintenance 
or servicing, including the refilling, of products and equipment, or in other processes; 

‘placing on the market’ means supplying or making available to another party in the 
Union for the first time, for payment or free of charge, or using for its own account in 
the case of a producer, or importing into the customs territory of the Union under a 
customs procedure that allows use or operation of the imported goods in the Union; 

‘hermetically  sealed  system’  means  a  system  in  which  all  parts  that  contain 
fluorinated  greenhouse  gases  have  been  hermetically  sealed  during 
their 
manufacturing  by  welding  them,  brazing  them  or  otherwise  making  them  tight  by 
permanently connecting them and for which the refrigerant circuit does not need to 
be opened for placing the system into operation; 

‘a  non-refillable  container’  means  a  container  designed  exclusively  to  transport  or 
store  fluorinated  greenhouse  gases  and  which  cannot  be  refilled  without  being 
adapted  for  that  purpose  or  is  placed  on  the  market  without  provision  having  been 
made for its return for refilling; 

‘recovery’  means  the  collection  and  storage  of  fluorinated  greenhouse  gases  from 
products,  equipment  or  containers  during  maintenance  or  servicing  or  prior  to  the 
disposal of the products, equipment or containers; 

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

‘reclamation’  means  the  reprocessing  of  a  recovered  fluorinated  greenhouse  gas  in 
order to meet the equivalent performance of a virgin substance, taking into account 
its intended use; 

‘destruction’ means the process of permanently transforming or decomposing all or 
most of a fluorinated greenhouse gas into one or more stable substances that are not 
fluorinated greenhouse gases; 

(13) 

‘stationary’ means not in motion during operation; 

(14) 

(15) 

(16) 

‘one-component  foam’  means  a  foam  composition  contained  in  a  single  aerosol 
container  in  unreacted  or  partly  reacted  liquid  state  and  that  expands  and  hardens 
when it leaves the container; 

‘refrigerated truck’ means a motor vehicle with a maximum mass of more than 3.5 
tonnes that is designed and constructed primarily to carry goods and that is equipped 
with a refrigeration unit; 

‘refrigerated trailer’ means a vehicle that is designed and constructed to be towed by 
a truck or a tractor, primarily to carry goods and that is equipped with a refrigeration 
unit; 

EN 

16 

   EN 

CHAPTER II 
CONTAINMENT 

Article 2 
Prevention of emissions 

1. 

2. 

3. 

The intentional release of fluorinated greenhouse gases into the atmosphere shall be 
prohibited where the release is not technically necessary for the intended use. 

Operators  of  equipment  that  contains  fluorinated  greenhouse  gases  shall  take 
precautions to prevent their unintentional release (hereinafter "leakage"). 

Where  a  leakage  of  those  gases  is  detected,  the  operators  shall  ensure  that  the 
equipment is repaired without undue delay. 

Where a leak in the equipment has been repaired, the operators shall ensure that the 
equipment is checked by certified persons within one month after the repair to verify 
that the repair has been effective. 

4. 

Persons  and  undertakings  carrying  out  the  following  tasks  shall  be  certified  in 
accordance with Article 8:  

(a) 

(b) 

(c) 

installing,  servicing,  maintaining,  repairing  or  decommissioning  equipment 
referred to in Article 3(1); 

servicing  maintaining,  repairing  or  decommissioning  mobile  air  conditioning 
equipment that contains fluorinated greenhouse gases; 

installing,  servicing,  maintaining,  repairing  or  decommissioning  electrical 
switchgear that contains SF6;  

(d)  delivering  or  receiving  fluorinated  greenhouse  gases  for  the  tasks  listed  in 

points (a), (b) and (c). 

When  carrying  out  those  tasks,  persons  and  undertakings  referred  to  in  the  first 
subparagraph  shall  take  precautionary  measures  to  prevent  leakage  of  fluorinated 
greenhouse gases. 

Any  person  who  assigns  the  task  of  installing,  servicing,  maintaining,  repairing  or 
decommissioning electrical switchgear that contains SF6 or equipment referred to in 
Article 3(1) to another party shall ascertain that that other party holds the necessary 
certificates pursuant to Article 8 for the required tasks. 

Article 3 
Checking for leakage 

Operators  of  equipment  that  contains  fluorinated  greenhouse  gases  with  a  global 
warming potential equivalent to 5 tonnes of CO2 not contained in foams shall ensure 
that  the  equipment  is  checked  for  leakage.  However,  equipment  with  hermetically 
sealed  systems which are labelled  as such, containing fluorinated  greenhouse  gases 

5. 

1. 

EN 

17 

   EN 

with a global warming potential equivalent to less than 10 tonnes CO2, shall not be 
subject to leak checks under this Article. 

The  checks  shall  be  carried  out  by  persons  certified  in  accordance  with  the  rules 
provided for in Article 8. 

This  paragraph  applies  to  operators  of  the  following  equipment  that  contains 
fluorinated greenhouse gases: 

(a) 

stationary refrigeration equipment; 

(b) 

stationary air-conditioning equipment; 

(c) 

stationary heat pumps; 

(d) 

stationary fire protection systems; 

(e) 

refrigerated trucks and refrigerated trailers. 

2. 

The  checks  pursuant  to  paragraph  1  shall  be  carried  out  with  the  following 
frequency: 

(a) 

(b) 

(c) 

equipment  that  contains  fluorinated  greenhouse  gases  with  a  global  warming 
potential equivalent to 5 tonnes of CO2 or more but to less than 50 tonnes of 
CO2, shall be checked for leakage at least once every 12 months;  

equipment  that  contains  fluorinated  greenhouse  gases  with  a  global  warming 
potential equivalent to 50 tonnes of CO2 or more, but to less than 500 tonnes of 
CO2, shall be checked for leakage at least once every six months; 

equipment  that  contains  fluorinated  greenhouse  gases  with  a  global  warming 
potential equivalent to 500 tonnes of CO2 or more shall be checked for leakage 
at least once every three months. 

Where in respect of fire protection systems as referred to in paragraph 1(d) there is 
an existing inspection regime in place that meets ISO 14520 or EN 15004 standards, 
and  the  fire  protection  system  is  inspected  as  often  as  required  in  accordance  with 
paragraph  2,  those  inspections  shall  be  considered  to  fulfil  the  obligations  of 
paragraph 1. 

The  Commission  shall  be  empowered  to  adopt  delegated  acts  in  accordance  with 
Article  20  specifying  requirements  for  the  leakage  checks  to  be  carried  out  in 
accordance with paragraph 1 of this Article for each type of equipment referred to in 
that  paragraph,  identifying  those  parts  of  the  equipment  most  likely  to  leak,  and 
amending the list of equipment in paragraph 1 of this Article to include other types of 
equipment in the light of market trends and technological progress. 

3. 

4. 

Article 4  
Leakage detection systems 

1. 

Operators  of  the  equipment  referred  to  in  Article  3(1)  containing  fluorinated 
greenhouse gases with a global warming potential equivalent to 500 tonnes CO2 or 

EN 

18 

   EN 

2. 

1. 

more,  shall  ensure  that  the  equipment  is  provided  with  a  leakage  detection  system 
which alerts the operator of any leakage. 

The  leakage  detection  systems  shall  be  checked  at  least  once  every  12  months  to 
ensure its proper functioning. 

By  way  of  derogation  from  Article  3(2)  point  (b),  where  equipment  containing 
fluorinated greenhouse gases with a global warming potential equivalent to 50 tonnes 
CO2 or more, but to less than 500 tonnes CO2, is provided with a leakage detection 
system, the equipment shall be checked for leakage at least once every 12 months. 

Article 5 
Record keeping 

Operators of equipment that contains fluorinated greenhouse gases not contained in 
foams,  shall  for  each  piece  of  equipment  establish  and  maintain  records  of  the 
following information identifying the equipment: 

(a) 

the quantity and type of fluorinated greenhouse gases installed; 

(b) 

the quantities of fluorinated greenhouse gases added and the reasons for adding 
them; 

(c) 

the quantity of fluorinated greenhouse gases recovered; 

(d)  observed leakage rates; 

(e) 

an  identification  of  the  undertaking  and  the  person  who  installed,  serviced, 
maintained and, where applicable, repaired or decommissioned the equipment; 

(f) 

the dates and results of the checks carried out under Article 3(1) and (3); 

(g) 

if  the  equipment  was  decommissioned,  the  measures  taken  to  recover  and 
dispose of the fluorinated greenhouse gases. 

This paragraph shall apply to operators of electrical switchgear that contains SF6 and 
of the equipment referred to in Article 3(2). 

2. 

Unless the records referred to in paragraph 1 are registered in a database set up by 
the  competent  authorities  of  the  Member  States,  the  operators  referred  to  in 
paragraph 1 shall keep the records until at least two years after decommissioning the 
equipment. 

Unless the records referred to in paragraph 1 are registered in a database set up by 
the competent authorities of the Member States, persons or undertakings carrying out 
the  activities  referred  to  in  paragraph  1(e)  for  operators  shall  keep  copies  of  the 
records for at least five years. 

The records shall be made available on request to the competent authority or to the 
Commission. 

EN 

19 

   EN 

 
3. 

The Commission may determine the format of the records referred to in paragraph 1 
and specify how they should be established and maintained in an implementing act. 
That  implementing  act  shall  be  adopted  in  accordance  with  the  examination 
procedure referred to in Article 21. 

Article 6 
Emissions from production 

Producers of fluorinated compounds shall take all the precautions necessary to limit emissions 
of fluorinated greenhouse gases, to the greatest extent possible, during production, transport 
and storage. 

Those producers shall ensure that any trifluoromethane (HFC-23) produced as a by-product in 
significant quantities is destroyed as part of the manufacturing process. 

Article 7 
Recovery 

1. 

2. 

3. 

4. 

Operators  of  equipment,  including  mobile  equipment,  that  contains  fluorinated 
greenhouse  gases  not  contained  in  foams,  shall  put  arrangements  in  place  for  their 
recovery  of  those  gases  by  persons  and  undertakings  that  hold  the  relevant 
certificates  provided  for  by  Article  8,  to  ensure  that  those  gases  are  recycled, 
reclaimed or destroyed. 

That obligation applies to operators of any of the following equipment: 

(a) 

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

(b) 

equipment that contains fluorinated greenhouse gas-based solvents; 

(c) 

fire protection systems and fire extinguishers;  

(d) 

electrical switchgear. 

The  Commission  shall  be  empowered  to  adopt  delegated  acts  in  accordance  with 
Article  20  amending  the  list  of  equipment  in  paragraph  1  to  include  other  types  of 
equipment  in  view  of  their  increasing  relevance  due  to  the  commercial  or 
technological development. 

Prior to disposal of a fluorinated greenhouse gas container, the person who used the 
container for transport or storage shall arrange for the recovery of any residual gases 
to make sure they are recycled, reclaimed or destroyed. 

Users of products and operators of equipment not listed in paragraph 1 that contain 
fluorinated greenhouse gases shall arrange for the recovery of the gases, to the extent 
that  it  is  practicable,  by  appropriately  qualified  persons,  to  make  sure  they  are 
recycled, reclaimed or destroyed or for their destruction without prior recovery. 

EN 

20 

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Article 8 
Training and certification 

1. 

Member  States  shall  establish  training  and  certification  programmes  for  the 
following persons:  

(a) 

persons  who  install,  service,  maintain,  repair  or  decommission  of  the 
equipment listed in the third subparagraph of Article 3(1); 

(b)  persons  who  install,  service,  maintain,  repair  or  decommission  electrical 

switchgear that contains SF6; 

(c) 

persons who carry out the leak checks provided for in Article 3(1); 

(d)  persons who recover fluorinated greenhouse gases as provided for in Article 7. 

2. 

The training programmes provided for in paragraph 1 shall cover the following: 

(a) 

applicable regulations and technical standards; 

(b) 

emission prevention; 

(c) 

recovery of fluorinated greenhouse gases; 

(d) 

safe handling of equipment of the type and size covered by the certificate; 

(e) 

technologies  to  replace  or  to  reduce  the  use  of  fluorinated  greenhouse  gases 
and their safe handling.  

Certificates under the certification programmes provided for in paragraph 1 shall be 
issued  on  condition  of  the  applicant  having  completed  a  training  programme 
established in accordance with paragraphs 1 and 2. 

Member States shall establish certification programmes for undertakings carrying out 
the activities mentioned in paragraph 1, points (a) to (d), for other parties. 

The certificates provided for in paragraphs 1 and 3 shall be valid for a maximum of 5 
years.  Member  States  may  prolong  the  validity  of  the  certificates  provided  for  in 
paragraph 1 when the person concerned is undergoing a compulsory periodic training 
every five years to update the knowledge on the subjects referred to in paragraph 2. 

Member  States  shall  notify  the  Commission  of  their  training  and  certification 
programmes  by  1  January  2015.  They  shall  recognise  certificates  issued  in  another 
Member State. They shall not restrict the freedom to provide services or the freedom 
of establishment because a certificate was issued in another Member State. 

The  Commission  shall  be  empowered  to  adopt  delegated  acts  in  accordance  with 
Article  20  specifying  minimum  requirements  for  the  training  and  certification 
provided for in paragraph 1 and specifying conditions for the mutual recognition of 
certificates. 

3. 

4. 

5. 

6. 

7. 

EN 

21 

   EN 

8. 

The Commission may, by means of implementing acts, determine the format of the 
notification referred to in paragraph 6. Those implementing acts shall be adopted in 
accordance with the examination procedure referred to in Article 21. 

CHAPTER III 
PLACING ON THE MARKET AND CONTROL OF USE 

Article 9 
Restrictions on the placing on the market 

1. 

2. 

3. 

The  placing  on  the  market  of  specific  products  and  equipment  listed  in  Annex  III 
shall  be  prohibited  from  the  date  specified  in  that  Annex,  where  applicable 
differentiating  according  to  the  type  or  global  warming  potential  of  the  fluorinated 
greenhouse gas contained. 

For  the  calculation  of  the  global  warming  potential  of  mixtures  of  fluorinated 
greenhouse  gases  contained  in  those  products  and  that  equipment  the  method  laid 
down in Annex IV shall be applied. 

The prohibition set out in paragraph 1 shall not apply to equipment for which it has 
been established in ecodesign requirements adopted under Directive 2009/125/EC44 
that due to higher energy efficiency during its operation its lifecycle CO2 emissions 
would be lower than that from equivalent equipment which meets relevant ecodesign 
requirements and does not contain hydrofluorocarbons. 

The  Commission  shall  be  empowered  to  adopt  delegated  acts  in  accordance  with 
Article  20  amending  the  list  set  out  in  Annex  III  to  include  other  products  and 
equipment that contain fluorinated greenhouse gases with a global warming potential 
of  150  or  more,  or  that  rely  on  them  to  work,  if  it  has  been  established  that 
alternatives to the use of fluorinated greenhouse gases or to the use of specific types 
of  fluorinated  greenhouse  gases  are  available,  and  their  use  would  result  in  lower 
overall greenhouse gas emissions and to exclude, where  appropriate  for a specified 
period  of  time,  certain  categories  of  products  or  equipment  for  which  alternative 
substances  which  fall  below  the  specified  global  warming  potential  limit  are  not 
available for technical, economic or safety reasons. 

Article 10 
Labelling and product information 

1. 

Products and equipment that contain fluorinated greenhouse gases shall not be placed 
on the market unless they are labelled.  

This paragraph shall apply to the following types of equipment: 

(a) 

refrigeration equipment; 

44 

Directive 2009/125/EC of the European Parliament and of the Council of 21 October 2009 establishing 
a  framework  for  the  setting  of  ecodesign  requirements  for  energy-related  products,  OJ  L  285, 
31.10.2009, p. 10. 

EN 

22 

   EN 

                                                 
(b) 

air-conditioning equipment; 

(c)  heat pumps; 

(d) 

fire protection systems; 

(e) 

electrical switchgear; 

(f) 

aerosol cans that contain fluorinated greenhouse gases; 

(g) 

all fluorinated greenhouse gas containers. 

2. 

The label required in accordance with paragraph 1 shall indicate the following:  

(a) 

Information  that  the  product  or  equipment  contains  fluorinated  greenhouse 
gases;  

(b)  The  name  of  the  fluorinated  greenhouse  gases  using  the  accepted  industry 

designation or, if no such designation is available, the chemical name; 

(c)  As  of  1  January  2017,  the  quantity  of  greenhouse  gases  contained  in  the 

product or equipment, expressed in weight and in CO2 equivalent.  

Where  the  fluorinated  greenhouse  gases  are  contained  in  a  hermetically  sealed 
system, this shall be stated on the label. 

The label shall be clearly readable and indelible and shall be placed adjacent to the 
service  ports  for  charging  or  recovering  the  fluorinated  greenhouse  gas,  or  on  that 
part of the product or equipment that contains the fluorinated greenhouse gas. 

Foams  that  contain  fluorinated  greenhouse  gases  shall  not  be  placed  on  the  market 
unless the fluorinated greenhouse gases are identified with a label using the accepted 
industry designation or, if no such designation is available, the chemical name. The 
label shall clearly indicate that the foam contains fluorinated greenhouse gases.  

In the case of foam boards, this information shall be clearly and indelibly stated on 
the boards. 

The  information  referred  to  in  paragraphs  2  and  3  shall  be  included  in  instruction 
manuals for such products and equipment. In the case of products and equipment that 
contain fluorinated greenhouse gases with a global warming potential of 150 or more 
this information shall also be included in descriptions used for advertising. 

The Commission may determine, by means of implementing acts, the format of the 
labels referred to in paragraphs 1 and 3. Those implementing acts shall be adopted in 
accordance with the examination procedure referred to in Article 21. 

The  Commission  shall  be  empowered  to  adopt  delegated  acts  in  accordance  with 
Article  20  amending  the  labelling  requirements  set  out  in  paragraphs 1  and  3  and 
amending the list of products and equipment in paragraph 1 to include other products 
and  equipment  where  appropriate  in  view  of  the  commercial  or  technological 
development. 

3. 

4. 

5. 

6. 

7. 

EN 

23 

   EN 

1. 

2. 

3. 

1. 

2. 

1. 

Article 11 
Control of use 

The  use  of  SF6  in  magnesium  die-casting  and  in  the  recycling  of  magnesium 
die-casting alloys shall be prohibited. As regards installations using a quantity of SF6 
below 850 kg per year, this prohibition shall only apply from 1 January 2015. 

The use of SF6 to fill vehicle tyres shall be prohibited. 

The  use  of  fluorinated  greenhouse  gases,  or  of  mixtures  that  contain  fluorinated 
greenhouse  gases,  with  a  global  warming  potential  of  2500  or  more,  to  service  or 
maintain refrigeration equipment with a charge size equivalent to 5 tonnes of CO2 or 
more, shall be prohibited from 1 January 2020. 

For  the  purpose  of  this  provision,  the  global  warming  potential  of  mixtures  that 
contain fluorinated greenhouse gases shall be calculated pursuant to Annex IV. 

Article 12 
Pre-charging of equipment 

From  [dd/mm/yyyy]  [insert  date  3  years  after  entry  into  force  of  this  regulation], 
refrigeration,  air-conditioning  and  heat  pump  equipment  shall  not  be  charged  with 
hydrofluorocarbons before it is placed on the market or before it is made available to 
the end-user for its first installation. 

The equipment shall be charged where it is intended to be used, by persons certified 
in accordance with Article 8. 

Paragraph  1  shall  not  apply  to  hermetically  sealed  equipment  or  to  equipment  that 
contains  a  quantity  of  hydrofluorocarbons  corresponding  to  less  than  2 %  of  the 
equipment’s foreseen maximum capacity. 

CHAPTER IV 
REDUCTION OF THE PLACING ON THE MARKET OF HYDROFLUOROCARBONS 

Article 13 
Reduction of the placing on the market of hydrofluorocarbons 

The Commission shall ensure that the quantity of hydrofluorocarbons that producers 
and  importers  are  entitled  to  place  on  the  market  in  the  Union  each  year  does  not 
exceed the maximum quantity for the year in question calculated in accordance with 
Annex  V.  Each  producer  and  importer  shall  ensure  that  the  quantity  of 
hydrofluorocarbons  calculated  in  accordance  with  Annex  V  that  it  places  on  the 
market  does  not  exceed  the  quota  allocated  to  it  pursuant  to  Article  14(5)  or 
transferred to it pursuant to Article 16. 

2. 

This  Article  shall  not  apply  to  hydrofluorocarbons  imported  into  the  Union  to  be 
destroyed. 

EN 

24 

   EN 

3. 

4. 

1. 

2. 

3. 

It  shall  not  apply  to  producers  or  importers  of  less  than  1 000  tonnes  of  CO2 
equivalent of hydrofluorocarbons per year. 

This  Article  and  Articles  14,  16,  17  and  22  shall  also  apply  to  hydrofluorocarbons 
contained in polyol blends. 

The  Commission  shall  be  empowered  to  adopt  delegated  acts  in  accordance  with 
Article 20 

(a) 

(b) 

amending  the  maximum  quantities  set  out  in  Annex  V  in  the  light  of 
developments of the market in hydrofluorocarbons and related emissions; and 

exempting  the  placing  on  the  market  for  specific  uses  from  the  quota 
requirement laid down in paragraph 1 where the use of hydrofluorocarbons is 
necessary for health or safety reasons and a sufficient supply would otherwise 
not be ensured.  

Article 14 
Allocation of quotas for placing hydrofluorocarbons on the market 

By  31  October  2014  the  Commission  shall  determine,  by  means  of  implementing 
decisions,  for  each  producer  or  importer  having  reported  data  under  Article  6  of 
Regulation (EC) No 842/2006 a reference value based on the annual average of the 
quantities of hydrofluorocarbons the producer or importer reported to have produced 
or imported from 2008 to 2011. For the purposes of determining the reference value, 
no account shall be taken of quantities reported in excess of the quota. The reference 
values shall be calculated in accordance with Annex V to this Regulation. 

Those  implementing  acts  shall  be  adopted  in  accordance  with  the  examination 
procedure referred to in Article 21. 

Producers and importers that have not reported production or imports under Article 6 
of Regulation (EC) No 842/2006 for the reference period referred to in paragraph 1 
may declare their intention to produce or import hydrofluorocarbons in the following 
year. 

The  declaration  shall  be  addressed  to  the  Commission,  specifying  the  types  of 
hydrofluorocarbons and the quantities that are expected to be placed on the market. 

The  Commission  shall  issue  a  notice  of  the  time  limit  for  submitting  those 
declarations.  Before  submitting  a  declaration  pursuant  to  paragraphs  2  and  3, 
undertakings shall register in the registry provided for in Article 15. 

By  31  October  2017  and  every  three  years  after  that,  the  Commission  shall 
recalculate  the  reference  values  for  the  producers  and  importers  referred  to  in 
paragraphs  1  and  2  on  the  basis  of  the  annual  average  of  the  quantities  of 
hydrofluorocarbons  produced  or  imported  after  1  January  2015  as  reported  under 
Article 17. It shall determine those reference values by means of implementing acts. 

Those  implementing  acts  shall  be  adopted  in  accordance  with  the  examination 
procedure referred to in Article 21. 

EN 

25 

   EN 

4. 

5. 

6. 

1. 

Producers  and  importers  for  which  reference  values  have  been  determined  may 
declare additional anticipated quantities following the procedure set out in paragraph 
2. 

The Commission shall allocate quotas for placing hydrofluorocarbons on the market 
for each producer and importer for each year beginning with the year 2015 applying 
the allocation mechanism laid down in Annex VI.  

The  Commission  shall  be  empowered  to  adopt  delegated  acts  in  accordance  with 
Article 20 determining the mechanism to recalculate the reference values pursuant to 
paragraph 3 and amending or supplementing the mechanism for allocating quotas set 
out in Annex VI. 

Article 15 
Quota registry  

An electronic registry for quotas for placing hydrofluorocarbons on the market shall 
be  established.  The  Commission  shall  take  measures  to  set  up  and  to  ensure  the 
operation of that electronic registry. 

In the electronic registry shall be registered on request 

(a)  producers  and  importers  to  which  a  quota  for  the  placing  on  the  market  has 

been allocated in accordance with Article 14(5); 

(b)  producers  and  importers  to  which  a  quota  is  transferred  in  accordance  with 

Article 16; 

(c)  producers  and  importers  declaring  their  intention  to  submit  a  declaration 

pursuant to Article 14(2). 

2. 

The  Commission  shall  ensure  that  the  producers  and  importers  and  the  competent 
authorities  of  the  Member  States  are  informed  via  that  registry  about  the  quota 
allocated and about any changes to it during the allocation period. 

Article 16 
Transfer of quotas 

Any producer or importer for whom a reference value has been determined pursuant to Article 
14(1)  or  (3)  and  who  has  been  allocated  a  quota  in  accordance  with  Article  14(5),  may 
transfer  that  quota  for  all  or  any  quantities  to  another  undertaking  in  the  Union  that  is 
registered  in  the  registry  referred  to  in  Article  15(1).  Any  such  transfer  shall  be  notified  in 
advance to the Commission. 

EN 

26 

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CHAPTER V 

REPORTING 

Article 17 
Reporting on production, import, export and destruction 

By  31  March  2014  and  every  year  after  that,  each  producer,  importer  and  exporter 
that produced, imported or exported more than one metric tonne or 1 000 tonnes of 
CO2 equivalent of fluorinated greenhouse gases and gases listed in Annex II during 
the  preceding  calendar  year  shall  report  to  the  Commission  the  data  specified  in 
Annex VII on each of those substances for that calendar year. 

By 31 March 2014 and every year after that, each undertaking that destroyed more 
than one metric tonne or 1 000 tonnes of CO2 equivalent of fluorinated greenhouse 
gases and gases listed in Annex II during the preceding calendar year shall report to 
the Commission the data specified in Annex VII on each of those substances for that 
calendar year. 

By 31 March 2014 and every year after that, each undertaking that placed more than 
10 000 tonnes of CO2 equivalent of fluorinated greenhouse gases and gases listed in 
Annex  II  contained  in  products  or  equipment  on  the  market  during  the  preceding 
calendar year shall report to the Commission the data specified in Annex VII on each 
of those substances for that calendar year. 

Each undertaking which, under paragraph 1 and 3, is to report on the placing on the 
market of more than 10 000 tonnes of CO2 equivalent of hydrofluorocarbons during 
the  preceding  calendar  year  shall,  before  the  report  is  submitted,  ensure  that  the 
accuracy  of  the  data  is  verified  by  an  independent  auditor,  accredited  pursuant  to 
Directive  2003/87/EC45  or  accredited  to  verify  financial  statements  in  accordance 
with the legislation of the Member State concerned. 

The  undertaking  shall  keep  the  verification  report  for  at  least  five  years.  The 
verification  report  shall  be  made  available  to  the  competent  authority  and  the 
Commission on request. 

The  Commission  shall  be  empowered  to  adopt  delegated  acts  in  accordance  with 
Article 20 amending the thresholds for the obligations provided for in paragraphs 1, 
2 and 3 where appropriate, in view of the development of the market, to avoid that 
substantial  quantities  of  fluorinated  greenhouse  gases  produced,  imported  or 
exported  are  not  monitored  or  to  reduce  administrative  burdens  in  cases  where  the 
quantities reported are insignificant.  

The  Commission  may  determine,  by  means  of  implementing  acts,  the  format  and 
means of submitting the reports referred to in this Article. 

Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a 
scheme for greenhouse gas emission allowance trading within the Community, OJ L 275, 25.10.2003, 
p. 32. 

1. 

2. 

3. 

4. 

5. 

6. 

45 

EN 

27 

   EN 

                                                 
Those  implementing  acts  shall  be  adopted  in  accordance  with  the  examination 
procedure referred to in Article 21. 

7. 

The Commission shall take appropriate measures to protect the confidentiality of the 
information submitted to it in accordance with this Article. 

Article 18 
Collection of emissions data 

1. 

Member States shall collect data on emissions of fluorinated greenhouse gases.  

For that purpose they shall establish one of the following systems, as appropriate: 

(a) 

(b) 

a system whereby a database is kept at national level for the collection of the 
data recorded in accordance with Article 5(1); 

a  system  whereby  surveys  on  emissions  from  a  representative  sample  of 
operators covered by the provisions of Article 5(1) are carried out, and results 
are extrapolated from those surveys.  

The  data  collected  in  accordance  with  paragraph  1  shall  be  made  available  to  the 
Commission  on  request.  The  Commission  may  disseminate  those  data  to  the  other 
Member States. 

The  Commission  shall  be  empowered  to  adopt  delegated  acts  in  accordance  with 
Article 20 establishing requirements for the data collection systems referred to in the 
second  subparagraph  of  paragraph  1  of  this  Article  and  laying  down  whether,  for 
specific sectors,  a system shall be established in accordance with point  (a)  or  point 
(b) of the second subparagraph of paragraph 1 of this Article.  

CHAPTER VI 

FINAL PROVISIONS 

Article 19 
Review 

The  Commission  shall  be  empowered  to  adopt  delegated  acts  in  accordance  with 
Article  20  amending  Annex  I  to  include,  in  the  list,  substances  with  a  significant 
global warming potential that are used as replacement for substances already listed in 
that  Annex  and  that  are  exported,  imported,  produced  or  put  on  the  market  in 
significant quantities. 

The  Commission  shall  be  empowered  to  adopt  delegated  acts  in  accordance  with 
Article 20 updating Annexes I, II and IV on the basis of new scientific findings, in 
particular on the global warming potential of the listed substances. 

On the basis of information on the placing on the market reported in accordance with 
Article  17  and  on  emissions  of  fluorinated  greenhouse  gases  made  available  in 

2. 

3. 

1. 

2. 

3. 

EN 

28 

   EN 

accordance  with  Article  18(2),  the  Commission  shall  monitor  the  application  and 
effects of this Regulation.  

No  later  than  31  December  2020,  the  Commission  shall  publish  a  report  on  the 
availability  of  hydrofluorocarbons  on  the  Union  market,  in  particular  for  medical 
applications.  

No  later  than  31  December  2024,  it  shall  publish  a  comprehensive  report  on  the 
effects  of  this  Regulation,  including  a  forecast  of  the  continued  demand  for 
hydrofluorocarbons after 2030. 

Article 20 
Exercise of the delegation 

The  power  to  adopt  delegated  acts  is  conferred  on  the  Commission  subject  to  the 
conditions laid down in this Article. 

The power to adopt delegated acts referred to in Articles 3(4), 7(2), 8(7), 9(3), 10(7), 
13(5), 14(6), 17(5), 18(3) and 19(1) and (2) shall be conferred on the Commission for 
an indeterminate period of time from [dd/mm/yyyy] [insert date of entry into force of 
this regulation]. 

The power to adopt delegated acts referred to in Articles 3(4), 7(2), 8(7), 9(3), 10(7), 
13(5),  14(6),  17(5),  18(3)  and  19(1)  and  (2)  may  be  revoked  at  any  time  by  the 
European Parliament or by the Council. A decision of revocation shall put an end to 
the  delegation  of  the  power  specified  in  that  decision.  It  shall  take  effect  the  day 
following  the  publication  of  the  decision  in  the  Official  Journal  of  the  European 
Union  or  on  a  later  date  specified  therein.  It  shall  not  affect  the  validity  of  any 
delegated acts already in force. 

As soon as it adopts a delegated act, the Commission shall notify it simultaneously to 
the European Parliament and to the Council. 

A  delegated  act  adopted  pursuant  to  Articles  3(4),  7(2),  8(7),  9(3),  10(7),  13(5), 
14(6), 17(5), 18(3) and 19(1) and (2) shall enter into force only if no objection has 
been expressed either by the European Parliament or the Council within a period of 
two months of notification of that act to the European Parliament and the Council or 
if,  before  the  expiry  of  that  period,  the  European  Parliament  and  the  Council  have 
both  informed  the  Commission  that  they  will  not  object.  That  period  shall  be 
extended  by  two  months  at  the  initiative  of  the  European  Parliament  or  of  the 
Council. 

Article 21 
Committee procedure 

The  Commission  shall  be  assisted  by  a  committee.  That  committee  shall  be  a 
committee within the meaning of Regulation (EU) No 182/2011. 

Where  reference  is  made  to  this  paragraph,  Article  5  of  Regulation  (EU)  No 
182/2011 shall apply. 

1. 

2. 

3. 

4. 

5. 

1. 

2. 

EN 

29 

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Article 22 
Penalties 

1. 

2. 

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

Member  States  shall  notify  those  provisions  to  the  Commission  by  [dd/mm/yyyy] 
[date of entry into application] at the latest and shall notify it without delay of any 
subsequent amendment affecting them. 

In  addition  to  the  penalties  referred  to  in  paragraph  1,  undertakings  that  have 
exceeded  their  quota  for  placing  hydrofluorocarbons  on  the  market,  allocated  in 
accordance with Article 14(5) or transferred to them in accordance with Article 16, 
may only be allocated a reduced quota allocation for the allocation period after the 
excess has been detected.  

The  amount  of  reduction  shall  be  calculated  as  200 %  of  the  amount  by  which  the 
quota was exceeded. If the amount of the reduction is higher than the amount to be 
allocated in accordance with Article 14(5) as a quota for the allocation period after 
the  excess  has  been  detected,  no  quota  shall  be  allocated  for  that  allocation  period 
and the quota for the following allocation periods shall be reduced likewise until the 
full amount has been deducted. 

Regulation (EC) No 842/2006 shall be repealed. 

Article 23 
Repeal 

References to the repealed Regulation shall be construed as references to this Regulation and 
shall be read in accordance with the correlation table in Annex VIII. 

Article 24 
Entry into force 

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

It shall apply from 1 January 2014. 

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

Done at Brussels,  

For the European Parliament 
The President 

For the Council 
The President 

EN 

30 

   EN 

ANNEX I 

Fluorinated greenhouse gases referred to in Article 1 point (1) 

 Substance 

Industrial 
designation  

Chemical name 
(Common name) 

Chemical formula 

Section 1: 

Hydrofluorocarbons (HFCs) 

Global warming 
potential46 

HFC-23 

trifluoromethane 

CHF3  

14800

(fluoroform) 

HFC-32 

difluoromethane 

HFC-41 

fluoromethane  
(methyl fluoride) 

CH2F2 

CH3F 

HFC-125 

pentafluoroethane 

CHF2CF3 

HFC-134 

1,1,2,2-tetrafluoroethane  CHF2CHF2 

HFC-134a 

1,1,1,2-tetrafluoroethane  CH2FCF3 

HFC-143 

1,1,2-trifluoroethane 

CH2FCHF2 

HFC-143a 

1,1,1-trifluoroethane 

CH3CF3 

HFC-152 

1,2-difluoroethane 

CH2FCH2F 

HFC-152a 

1,2-difluoroethane 

CH3CHF2 

HFC-161 

fluoroethane 

CH3CH2F 

(ethyl fluoride) 

HFC-227ea 

1,1,1,2,3,3,3-
heptafluoropropane 

CF3CHFCF3  

HFC-236cb 

1,1,1,2,2,3-
hexafluoropropane 

CH2FCF2CF3 

HFC-236ea 

1,1,1,2,3,3-
hexafluoropropane 

CHF2CHFCF3 

HFC-236fa 

1,1,1,3,3,3-

CF3CH2CF3 

675

92

3 500

1 100

1 430

353

4 470

53

124

12

3 220

1 340

1 370

9 810

46 

Based on the Fourth Assessment Report adopted by the Intergovernmental Panel on Climate Change, 
unless otherwise indicated. 

EN 

31 

   EN 

 
                                                 
hexafluoropropane 

HFC-245ca 

1,1,2,2,3-
pentafluoropropane 

CH2FCF2CHF2  

HFC-245fa 

1,1,1,3,3-
pentafluoropropane 

CHF2CH2CF3 

HFC-
365 mfc 

HFC-43-
10 mee 

1,1,1,3,3-
pentafluorobutane 

1,1,1,2,2,3,4,5,5,5-
decafluoropentane 

CF3CH2CF2CH3 

CF3CHFCHFCF2CF3 

Section 2: 

Perfluorocarbons (PFCs) 

 PFC-14 

perfluoromethane 
(carbon tetrafluoride) 

CF4 

 PFC-116 

hexafluoroethane 

C2F6 

(perfluoroethane) 

 PFC-218 

octafluoropropane 

C3F8 

(perfluoropropane) 

 PFC-3-1-10 

decafluorobutane 

C4F10  

(R-31-10) 

(perfluorobutane) 

 PFC-4-1-12 

dodecafluoropentane 

C5F12 

(R-41-12) 

(perfluoropentane) 

 PFC-5-1-14 

tetradecafluorohexane 

C6F14  

(R-51-14) 

(perfluorohexane) 

693

1030

794

1 640

7 390

12 200

8 830

8 860

9 160

9 300

 PFC-c-318 

octafluorocyclobutane

c-C4F8 

10 300

(perfluorocyclob

utane) 

Section 3: 

Other perfluorinated compounds 

sulphur hexafluoride 

SF6  

22 800

EN 

32 

   EN 

 
 
ANNEX II 

Other fluorinated gases subject to reporting in accordance with Article 17 

Substance 

Global warming potential47 

Common name / industrial 
designation 

Chemical formula 

Section 1: 

Unsaturated hydrofluorocarbons 

HFC-1234yf 

HFC-1234ze 

CF3CF=CH2 

trans — CHF=CHCF3 

Section 2: 

Fluorinated ethers 

HFE-125  

HFE-134  

HFE-143a  

CHF2OCF3 

CHF2OCHF2  

CH3OCF3 

HCFE-235da2  

CHF2OCHClCF3 

HFE-245cb2  

HFE-245fa2  

HFE-254cb2  

CH3OCF2CF3 

CHF2OCH2CF3 

CH3OCF2CHF2 

HFE-347 mcc3  

CH3OCF2CF2CF3 

HFE-347pcf2  

HFE-356pcc3  

CHF2CF2OCH2CF3 

CH3OCF2CF2CHF2 

HFE-449sl (HFE-7100) 

C4F9OCH3 

HFE-569sf2 (HFE-7200) 

C4F9OC2:5 

HFE-43-10pccc124 (H-Galden 
1040x) 

CHF2OCF2OC2F4OCHF2  

HFE-236ca12 (HG-10)  

CHF2OCF2OCHF2  

4 Fn 48

7 Fn 48

14 900 

6 320 

756 

350 

708 

659 

359 

575 

580 

110 

297 

59

1 870 

2 800

47 

48 

Based on the Fourth Assessment Report adopted by the Intergovernmental Panel on Climate Change, 
unless otherwise indicated. 
GWP according to the Report of the 2010 Assessment of the Montreal Protocol Scientific Assessment 
Panel (SAP), Tables 1-11, citing two peer-reviewed scientific references. 
http://ozone.unep.org/Assessment_Panels/SAP/Scientific_Assessment_2010/index.shtml. 

EN 

33 

   EN 

                                                 
 
HFE-338pcc13 (HG-01)  

CHF2OCF2CF2OCHF2  

HFE-227ea  

HFE-236ea2 

HFE-236fa 

HFE-245fa1  

HFE 263fb2  

HFE-329 mcc2 

HFE-338 mcf2 

HFE-347 mcf2 

HFE-356 mec3 

HFE-356pcf2  

HFE-356pcf3 

HFE 365 mcf3 

HFE-374pc2 

(CF3)2CFOCH3  

CF3CF2CH2OH 

(CF3)2CHOH  

CF3CHFOCF3 

CHF2OCHFCF3 

CF3CH2OCF3 

CHF2CH2OCF3  

CF3CH2OCH3 

CHF2CF2OCF2CF3 

CF3CH2OCF2CF3 

CHF2CH2OCF2CF3 

CH3OCF2CHFCF3  

CHF2CH2OCF2CHF2 

CHF2OCH2CF2CHF2  

CF3CF2CH2OCH3 

CHF2CF2OCH2CH3  

- (CF2)4CH (OH) - 

(CF3)2CHOCHF2 

(CF3)2CHOCH3 

Section 3: 

Other perfluorinated compounds 

PFPMIE 

CF3OCF(CF3)CF2OCF2OCF3 

nitrogen trifluoride 

NF3 

trifluoromethyl sulphur 

SF5CF3 

1 500 

343

42

195

1 540

989

487 

286

11

919

552

374

101

265

502

11

557

73

380

27

10 300

17 200

17 700

EN 

34 

   EN 

 
 
 
 
 
 
pentafluoride 

perfluorocyclopropane 

c-C3F6  

17 340 Fn 49

49 

Minimum value according to UNFCCC Forward Action Request. 

EN 

35 

   EN 

                                                 
ANNEX III 

Placing on the market prohibitions referred to in Article 9(1) 

Products and equipment  

Date of prohibition 

Where relevant, the global warming potential (GWP) of mixtures containing 
fluorinated greenhouse gases shall be calculated in accordance with Annex IV, 
as provided for in Article 9(1) subparagraph 2. 

1.  Non-refillable containers for fluorinated greenhouse gases used to 

4 July 2007 

service, maintain or fill refrigeration, air-conditioning or heat-pump 
equipment, fire protection systems or switchgear, or for use as solvents 

2.  Non-confined direct evaporation systems that contain HFCs and PFCs as 

refrigerants 

4 July 2007 

3.  Fire protection systems and fire 

that contain PFCs 

4 July 2007 

extinguishers 

that contain HFC-23 

1 January 2015 

4.  Windows for domestic use that contain fluorinated greenhouse gases 

4 July 2007 

5.  Other windows that contain fluorinated greenhouse gases 

6.  Footwear that contains fluorinated greenhouse gases 

7.  Tyres that contain fluorinated greenhouse gases 

4 July 2008 

4 July 2006 

4 July 2007 

8.  One-component foams, except when required to meet national safety 

4 July 2008 

standards, that contain fluorinated greenhouse gases with GWP of 150 or 
more 

9.  Aerosol generators marketed and intended for sale to the general public 

4 July 2009 

for entertainment and decorative purposes, as listed in point 40 of Annex 
XVII to Regulation (EC) No 1907/200650, and signal horns that contain 
HFCs with GWP of 150 or more 

10.  Domestic refrigerators and freezers that contain HFCs containing HFCs 

1 January 2015 

with GWP of 150 or more 

11.  Refrigerators and freezers for the 
storage, display or distribution of 

that contain HFCs with GWP of 2500 
or more 

1 January 2017 

50 

Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 
concerning  the  Registration,  Evaluation,  Authorisation  and  Restriction  of  Chemicals  (REACH),  OJ  L 
396, 30.12.2006, p. 1. 

EN 

36 

   EN 

                                                 
products in retail and food 
service ("commercial use") - 
hermetically sealed systems  

that contain HFCs with GWP of 150 
or more 

1 January 2020  

12.  Movable room air-conditioning appliances (hermetically sealed 

1 January 2020 

equipment which is movable between rooms by the end user) that contain 
HFCs with GWP of 150 or more 

EN 

37 

   EN 

ANNEX IV 

Method of calculating the total global warming potential of a mixture referred to in 
Articles 9(1) and 11(3) 

The total global warming potential (GWP) of a mixture that contains fluorinated greenhouse 
gases is calculated as a weighted average, derived from the sum of the weight fractions of the 
individual  substances  multiplied  by  their  GWP,  unless  otherwise  specified,  including 
substances that are not fluorinated greenhouse gases. 

Σ (Substance X % x GWP) + (Substance Y % x GWP) + … (Substance N % x GWP), 

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

For example: applying the formula to a blend of gases consisting of 60 % dimethyl ether, 10 % 
HFC-152a and 30 % isobutane: 

Σ (60 % x 1) + (10 % x 125) + (30 % x 4) 

→ Total GWP = 14.3 

The  GWP  of  the  following  non-fluorinated  substances  are  used  to  calculate  the  GWP  of 
mixtures. For other substances not listed in this annex a default value of 0 applies. 

Substance 

Common name 

Methane  

Nitrous oxide 

Dimethyl ether 

Methylene 
chloride 

Methyl chloride 

Chloroform 

Ethane 

Propane 

Butane 

Industrial 
designation 

Chemical Formula 

Global warming 
potential51 

CH4 

N2O  

CH3OCH3 

CH2Cl2 

CH3Cl 

CHCl3 

CH3CH3 

CH3CH2CH3 

CH3CH2CH2CH3 

R-170 

R-290 

R-600 

25 

298

1

9

13

31

6

3

4

51 

Based on the Fourth Assessment Report adopted by the Intergovernmental Panel on Climate Change, 
unless otherwise indicated. 

EN 

38 

   EN 

 
 
 
 
 
 
                                                 
Isobutane 

R-600a 

CH(CH3)2CH3 

Pentane 

R-601 

CH3CH2CH2CH2CH3 

Isopentane 

R-601a 

(CH3)2CHCH2CH3 

Ethoxyethane 
(Diethyl ether) 

R-610 

CH3CH2OCH2CH3 

Methyl formate 

R-611 

HCOOCH3 

Hydrogen 

Ammonia 

Ethylene 

Propylene 

R-702 

R-717 

R-1150 

R-1270 

H2 

NH3 

C2H5 

C3H6 

3

20

4

4

25

6

0

4

2

EN 

39 

   EN 

 
ANNEX V 

Calculation of the maximum quantity, reference values and quotas for placing 
hydrofluorocarbons on the market 

The  maximum  quantity  referred  to  in  Article  13(1)  shall  be  calculated  by  applying  the 
following percentages to the annual average of the total quantity produced and imported into 
the Union during the period from 2008 to 2011: 

Years 

2015 

2016–17 

2018–20 

2021–23 

2024–26 

2027–29 

2030 

100 % 

93 % 

63 % 

45 % 

31 % 

24 % 

21 % 

The  maximum  quantity,  reference  values  and  quotas  for  placing  hydrofluorocarbons  on  the 
market referred to in Articles 13 and 14 shall be calculated as the aggregated quantities of all 
types of hydrofluorocarbons, expressed in tonne(s) of CO2 equivalent. 

The calculation of reference values and quotas for placing hydrofluorocarbons on the market 
referred  to  in  Articles  13  and  14  shall  be  based  on  the  quantities  of  hydrofluorocarbons 
producers and importers have placed on the market in the Union during an allocation period. 

Quantities transferred to an undertaking to be exported in the same allocation period, are not 
taken  into  account  for  calculating  a  quota  or  assessing  compliance  with  Article  13(2), 
provided  the  export  takes  place  during  the  same  period  and  the  exporter  reports  it  in 
accordance  with  Article  17(1).  The  transaction  must  be  verified  in  accordance  with  Article 
17(4) regardless of the quantities involved. 

EN 

40 

   EN 

 
ANNEX VI 

Allocation mechanism referred to in Article 14 

1. 

Determination of the quantity to be allocated to undertakings for which a reference 
value has been established under Article 14(1) and (3) 

Each  undertaking  for  which  a  reference  value  has  been  established  receives  a  quota 
corresponding to 95 % of the reference value multiplied by the percentage indicated in Annex 
V for the respective year. 

2. 

Determination of the quantity to be allocated to undertakings that have submitted a 
declaration under Article 14(2) 

The sum of the quotas allocated under point 1 is subtracted from the maximum quantity for 
the given year set out in Annex V to determine the quantity to be allocated to undertakings for 
which no reference value has been established and which have submitted a declaration under 
Article 14(3) (quantity to be allocated in step 1 of the calculation). 

2.1. 

Step 1 of the calculation 

Each  undertaking  receives  an  allocation  corresponding  to  the  quantity  requested  in  its 
declaration, but no more than a pro-rata share of the quantity to be allocated in step 1. 

The  pro-rata  share  is  calculated  by  dividing  100  by  the  number  of  undertakings  that  have 
submitted  a  declaration.  The  sum  of  the  quotas  allocated  in  step  1  is  subtracted  from  the 
quantity to be allocated in step 1 to determine the quantity to be allocated in step 2. 

2.2. 

Step 2 of the calculation 

Each undertaking that has not obtained 100 % of  the  quantity requested in its  declaration in 
step 1 receives an additional allocation corresponding to the difference between the quantity 
requested  and  the  quantity  obtained  in  step  1.  However,  this  must  not  exceed  the  pro-rata 
share of the quantity to be allocated in step 2. 

The pro-rata share is calculated by dividing 100 by the number of undertakings eligible for an 
allocation in step 2. The sum of the quotas allocated in step 2 is subtracted from the quantity 
to be allocated in step 2 to determine the quantity to be allocated in step 3. 

2.3. 

Step 3 of the calculation 

Step 2 is repeated until the remaining quantity to be allocated in the next phase is less than 
1 000 tonnes of CO2 equivalent. 

3. 

Determination of the quantity to be allocated to undertakings that have submitted a 
declaration under Article 13(4) 

EN 

41 

   EN 

The  sum  of  the  quotas  allocated  under  points  1  and  2  is  subtracted  from  the  maximum 
quantity  for  the  given  year  set  out  in  Annex  V  to  determine  the  quantity  to  be  allocated  to 
undertakings  for  which  a  reference  value  has  been  established  and  that  have  submitted  a 
declaration under Article 14(4). 

The allocation mechanism set out under points 2.1 and 2.2 applies. 

EN 

42 

   EN 

ANNEX VII 

Data to be reported pursuant to Article 17  

1. 

Each producer referred to in Article 17(1) shall report on: 

(a) 

the  total  production  of  each  substance  in  the  Union,  identifying  the  main 
categories of application in which the substance is used; 

(b) 

the quantities of each substance it has placed on the market in the Union; 

(c) 

the  quantities  of  each  substance  that  have  been  recycled,  reclaimed  and 
destroyed, respectively; 

(d) 

any stocks held at the beginning and the end of the reporting period. 

2. 

Each importer referred to in Article 17(1) shall report on: 

(a) 

(b) 

the quantity of each substance it has imported into the Union, identifying the 
main categories of application in which the substance is used; 

the  quantities  of  each  substance  that  have  been  recycled,  reclaimed  and 
destroyed, respectively. 

3. 

Each exporter referred to in Article 17(1) shall report on: 

(a) 

(b) 

the quantities of each substance that it has exported from the EU other than to 
be recycled, reclaimed or destroyed; 

any  quantities  of  each  substance  that  it  has  exported  to  be  recycled,  to  be 
reclaimed and to be destroyed, respectively. 

4. 

Each undertaking referred to in Article 17(2) shall report on:  

(a) 

(b) 

the  quantities  of  each  substance  destroyed,  including  quantities  contained  in 
products or equipment; 

any  stocks  of  each  substance  waiting  to  be  destroyed,  including  quantities 
contained in products or equipment; 

(c) 

the technology used for the destruction. 

5. 

Each undertaking referred to in Article 17(3) shall report on: 

(a) 

the categories of the products or equipment; 

(b) 

the number of units; 

(c) 

any quantities of each substance contained in the products or equipment. 

EN 

43 

   EN 

ANNEX VIII 

Correlation table 

Regulation (EC) No 842/2006 

This Regulation 

Article 1 

Article 2 

Article 3(1) 

Article 3(2), first subparagraph 

- 

Article 1 

Article 2(2) 

Article 3(1) 

Article 3(2), second subparagraph 

Article 2(3), second subparagraph 

Article 3(2), third subparagraph 

Article 3(1), first subparagraph 

Article 3(3) 

Article 3(4) 

Article 3(5) 

Article 3(6) 

Article 3(7) 

Article 4(1) 

Article 4(2) 

Article 4(3) 

Article 4(4) 

Article 5(1) 

Article 3(3) 

Article 3(4) 

Article 3(5) 

Article 4(1) 

Article 3(6) 

Article 6(1) 

Article 6(3) 

Article 6(4) 

Article 6(5) 

Article 8(7) 

Article 5(2), first sentence 

Article 8(1) and (4) 

Article 5(2), second sentence 

Article 8(6), first sentence 

Article 5(2), third sentence 

Article 8(6), second sentence 

Article 5(3) 

Article 5(4) 

Article 5(5) 

Article 2(5) 

Article 2(4) point (d) 

Article 8(8) 

Article 6(1), first subparagraph 

Article 17(1), first subparagraph 

EN 

44 

   EN 

Article 6(1)  

Article 6(2) 

Article 6(3) 

Article 6(4) 

Article 17(1) and Annex VII 

Article 17(5) 

Article 17(6) 

Article 18(1) 

Article 7(1) 

first subparagraph, first

Article 10(1) 

sentence 

Article 7(1) second subparagraph,  second 
and third sentence 

Article 10(2) and (3) 

Article 7(2) 

Article 10(1), first subparagraph 

Article 7(3), first sentence 

Article 7(3), second sentence 

Article 8(1) 

Article 8(2) 

Article 9(1) 

Article 9(2) 

Article 9(3) 

Article 10 

Article 11 

Article 12 

Article 13(1) 

Article 13(2) 

Article 14 

Article 15 

Annex I — Part 1 

Annex I — Part 2 

Annex II 

Article 10(6) 

Article 10(7) 

Article 11(1) 

Article 11(2) 

Article 9(1) 

- 

- 

19(3) 

- 

Article 21 

Article 22(2), first subparagraph 

Article 22(2), second subparagraph 

- 

Article 24 

Annex I 

Annex IV 

Annex III 

EN 

45 

   EN