EU Regulation concerning fluorinated greenhouse gases

After consent of the European Parliament (EP) and the Council, Regulation (EU) 2024/573 on fluorinated greenhouse gases and repealing Regulation (EU) 517/2014 was published on 20 February 2024. The  Regulation entered into force on 11 March 2024. The additional implementation rules issued by the European Commission remain valid until new implementation rules are issued. 

Since the new EU F-Gas Regulation 2024/573 came into force on 11.03.2024, a licence has been required for the import and export of the substances listed in Annexes I - III of the Regulation as well as products and equipment containing these substances. This is independent of the quantity of substances. The licence is issued by the European Commission, which requires registration in the F-Gas Portal.

The Federal Government revised the Chemicals – Climate Protection Ordinance (ChemKlimaschutzV) in 2014 and adopted penalty provisions in an amended Chemicals Sanction Ordinance (ChemSanktionsV). Both regulations will be adapted to the new EU regulation as soon as possible but will continue to apply until then.

The federal states are responsible for enforcing Regulation (EU) 2024/573, the implementing regulations and the associated national regulations. A list of the competent authorities of the federal states can be found on the website of the Working Group on Chemical Safety (BLAC) ((Thema „Chemikalien-KlimaschutzVerordnung“).

Competent authority for Germany according the Regulation (EU) 2024/573 is Mr Sebastian Schnatz (Federal Ministry fort he Environment, Nature Conservation, Nuclear Safety and Consumer Protection; P.O. Box 120629; 53048 Bonn;Tel: +49 228 99 305-2274; sebastian.schnatz@bmuv.bund.de)

The quantity of hydrofluorocarbons (HFCs) placed on the EU market will continue to be gradually reduced. From 2050, the permitted quantity will be set to zero. The new reduction steps are shown in the figure.

The quantity restrictions and quotas cover HFCs in containers and filling quantities in imported appliances (refrigeration systems, air conditioning systems and heat pumps and, from 2025, metered dose aerosols). Some applications are still exempt, such as the use of HFCs as feedstock. Recycled and reclaimed HFCs are also not subject to quotas.

All the demand for HFCs in the EU will compete for a single total quantity; that is, there are no quotas for the individual Member States or individual applications.

Since 1 January 2015, companies that have placed HFCs on the market in quantities of 100 tonnes of_{CO2 equivalent} or more per calendar year have required a quota. With the entry into force of Regulation (EU) 2024/573, this exemption for HFCs in containers has been cancelled and reduced to 10 tonnes of CO₂ equivalent for HFCs in pre-filled appliances.

Both "historical" market participants and new market participants (those who have not yet reported any volumes) can receive quotas. This requires registration in the European Commission's electronic system, the F-Gas Portal. In order to be allocated a quota, the manufacturer or importer must have experience in trading chemicals or in the maintenance of refrigeration systems, air conditioning systems, heat pumps or fire protection equipment (Art. 18 (2)).

For the placing on the market of prefilled products and equipment in accordance with Art. 19 para. 1, a declaration of conformity must be drawn up confirming compliance with the quota system. Further information can be found on the website of the European Commission: F-gases in equipment and products - European Commission (europa.eu).

Maximum quantities for the placing on the market of hydrofluorocarbons

Source: Umweltbundesamt

In addition to the quota system, the F-Gas Ordinance sets out various bans that affect other substances in addition to HFCs. The bans on use and commissioning are regulated in Art. 13 of the Ordinance, bans on placing on the market in Art. 11 in conjunction with Annex IV.

New bans on placing on the market have been issued for

• Stationary refrigeration systems (see Annex IV No. 4 and 5 b + c)
• Stationary chillers (see Annex IV No. 7 b - d)
• Stationary air conditioning systems and heat pumps (Annex IV No. 8 b - e and 9 b - f)
• Foams (Annex IV No. 17 c)
• Technical aerosols(Annex IV No. 19 b)

New prohibitions of use concern the maintenance and servicing of refrigeration systems (Art. 13 Para. 3 and 5), air conditioning systems and heat pumps (Art. 13 Para. 4) as well as electrical switchgear (Art. 13 Para. 7). For the latter, commissioning bans have also been defined (Art. 13 Para. 9 - 18).

For a list of the Global Warming Potential of many of the fluorinated greenhouse gases and mixtures used as refrigerants, click here.

Operators of certain equipment were already required to meet a number of obligations under Regulation (EC) No 842/2006 and Regulation (EU) 517/2014 on certain fluorinated greenhouse gases. Significant changes to the new F-Gas Regulation concern the extension of these obligations to other substances as well as to other mobile refrigeration systems and, for the first time, to mobile air conditioning systems.

Only a first overview of the operator obligations can be given here, whereby not all obligations apply to all applications or substances:

• General obligation to minimise emissions (Art. 4 para. 1 and 3);
• Obligation to repair (Art. 4 Para. 5); Obligation to carry out leakage checks (Art. 5 Para. 1 - 3);
• Obligation for leak detection systems (Art. 6);
• Obligation to keep records (Art. 7 para. 1 - 2);
• Recovery obligations (Art. 8);
• Obligation to check whether a contracted company has the necessary certifications for the activity to be carried out (Art. 10 para. 12);
• Compliance with the purchase and sale requirements (Art. 11 para. 6).