Proposed EU Fluorinated Gases Regulation

1
Proposed EU Fluorinated Gases Regulation

• 11th August 2003

2
General

• Regulation not a Directive
• Directly applicable to Member States
• Legal Basis
• Article 95 of the EC Treaty (internal market)
• Outcome
• Reduce emissions by 23 MMTCO2 eqv by 2010

3
Timeline
June - JULY 2003

COUNCIL STARTS CONSIDERATION
INTER-SERVICE CONSULTATION
POSS POL AGREE COUNCIL
COMM AMEND PROPOSAL
EP ELECTIONS
PROPOSAL ADOPTED
START IRISH PRESIDENCY

RAPPORTEUR APPOINTED
2ND READING STARTS IN EP
START DUTCH PRESIDENCY
COMMITTEE VOTE
START ITALIAN PRESIDENCY
1st COMMITTEE DISCUSSION/draft report
4
Article 1 Scope

• The Regulation shall apply to the containment,
  the use, placing on the market of the fluorinated
  greenhouse gases hydrofluorocarbons,
  perfluorocarbons and sulphur hexafluoride, and to
  the reporting of information on those gases.

5
Article 2 Definitions

• Enhanced HFC-134a air conditioner means an air
  conditioner containing fluorinated gases with a
  global warming potential higher than 150where the
  rate of leakage is verified as being less than 20
  grams of fluorinated gases with a global warming
  potential higher than 150 per year for a single
  evaporator system, or less than 25 grams of
  fluorinated gases with a global warming potential
  higher than 150 per year for a dual evaporator
  system, and where the system will not require
  refilling for at least 12 years
• Novelty aerosols means those aerosol
  generators listed in the Annex to Directive
  94/48/EC.

6
Article 3 Containment

• Duty to prevent and minimise leakage
• Mandatory inspections for leakage
• 3 30kg - Once per year
• 30 300kg - 4 times per year
• gt300kg - Monthly
• Leakage detection systems
• Required for all systems with charge gt300kg
• Maintenance of records
• All systems containing gt3kg

7
Article 4 Recovery

• Compulsory from the cooling circuits of all
  refrigeration, air-conditioning and heat pump
  equipment, from equipment containing solvents,
  from fire protection systems and fire
  extinguishers and from high voltage switch gear.
  Also from refillable containers.
• Also shall be done if it is technically feasible
  and cost-effective to do so  from all other
  products and equipment.

8
Article 5 Training and Certification programmes

• Member States will be required to establish
  programmes to provide for the training and
  certification of personnel involved in making
  inspections for leakage, and for those involved
  in the recovery, recycling, reclamation and
  destruction of fluorinated gases.
• Mutual recognition between Member States.

9
Article 6 Reporting

• Covers Producers, Importers and Exporters
• For quantities gt1 tonne per annum
• Total production/import/export by gas
• For production and imports Applications in which
  it is used as well as estimated emissions
• Quantities recovered, recycled and destroyed
• Format of reporting to be determined within 1
  year.
• Confidentiality of data

10
Article 7 Control of use
Progressive controls on placing on the market
applicable in accordance with Article 10.
11
Article 8 and Annex II Placing on the market (1)
Progressive controls on placing on the market
applicable in accordance with Article 10.
12
Article 8 and Annex II Placing on the market (2)
13
Article 9 Air-conditioning systems in new
vehicles

• From 1 January 2005 Leakage rate for new
  vehicles with Fluorinated gas of GWPgt150 must not
  exceed 40 grams/year for single evaporator and 50
  grams for dual evaporator.
• Placing on market of new vehicles with
  air-conditioning system containing Fluorinated
  gas with GWPgt150 is prohibited except as under
  Article 10 (Quota).

14
Article 10 Quotas (1)

• Quota allocated for placing on the market of
  vehicles with A/C containing gas GWPgt150
• Changing allocation and base year!!

15
Article 10 Quotas (2)

• Additional quotas
• Equal to number of vehicles with GWPlt150 placed
  on market
• Equal to half number of vehicles with enhanced
  134a placed on market
• Penalties
• Lose 2 quota units for each vehicle over quota
• 200/vehicle over quota in period 2009-13
• Quotas can be used until 31 December 2018

16
Article 11 Review

• Commission to review and report to Parliament and
  Council by 31 December 2005 on MAC only
• Commission to review and report to EP and Council
  5 years after entry into force including
• Impact on emissions and cost-effectiveness
• Training and certification
• Need for EU standards (including equipment
  design)
• Need for notes on emission prevention and
  minimisation
• Summary on technology development, environmental
  requirements and internal market
• Both reports to include legislative proposals

17
Article 12 Management committee

• Commission to be assisted by Management Committee
  established under Ozone Regulation 2037/2000

18
Article 13 Sanctions

• Rules on sanctions for infringements set by
  Member States and notified to Commission within 1
  year of entry into force