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Regulation (EC) No 842/2006 of the European Parliament and of the Council on certain fluorinated greenhouse gases

These pages are intended as a guide to stakeholders on Regulation (EC) No 842/2006 of the European Parliament and of the Council on certain fluorinated greenhouse gases (f-gases).  On this page you will find a summary of the latest developments, the final text of the f-gas Regulation and the Mobile Air-Conditioning systems in motor vehicles (MAC) Directive, initial Government guidance and minutes of the industry stakeholders meetings.  Contact details are provided at the bottom of the page.

Index

1. Latest Developments
2. Summary of the Regulation and final text
3. MAC Directive and final text
4. Initial Government Guidance 
5. Supplementary Guidance for Stationary Refrigeration, Air-Conditioning and Heat Pump Users
   
6. Data Reporting
   
7. Minutes of f-gas industry stakeholders meetings    
8. Key Contacts
   
   

1.  Latest Developments

This section summarises key recent developments. More details and links to documents are provided in the sections below.

The Fluorinated Greenhouse Gases Regulation 2008, which gives effect to Regulation (EC) No 842/2006, was laid before Parliament on 15th January and entered into force on 15th February 2008. A copy of the Regulation can be found at:

F-Gas Support

Defra is working closely with BERR, the Environment Agency, the Scottish Environment Protection Agency, LACORS (Local Authorities' Coordinators of Regulatory Services) and the devolved administrations to prepare for the implementation of a risk-based enforcement approach to the EC Fluorinated Greenhouse Gases and Ozone Regulations and related GB Regulations that create offences and penalties for failure to comply.

F-Gas Support is a Government funded team set up to help organisations understand their obligations under the EU Fluorinated Greenhouse Gases and Ozone Regulations. F-Gas Support will also be working with councils and national regulators to promote compliance with these important environmental regulations. F-Gas Support is being run on behalf of Defra and the devolved administrations by LACORS and Enviros.

Contact details are:-
F-Gas Support,
P O Box 481
Salford,
M50 3UD
Telephone Help Line: 0161 874 3663
Email: fgas-support@enviros.com

Commission Regulations

Commission Regulations establishing minimum requirements for: - 

• certification of companies and personnel as regards Fire Protection and Stationary refrigeration, air conditioning and heat pump equipment containing certain f-gases,
• certification of personnel recovering f-gases from high-voltage switchgear and f-gas based solvents
• training programmes as regards air-conditioning systems in certain motor vehicles containing certain f-gases.
• leakage checking for Fire Protection and Stationary refrigeration, air conditioning and heat pump equipment,
• labelling and reporting 

have now been published in the Official Journal of the European Union.

Links to the published Commission Regulations can be found below

Guidance and Interpretation

The Commission has produced a guidance and interpretation document that provides the view of the Commission Services on various issues of the f-gas Regulation as a result of discussions with Member States. The guidance and interpretation document should not be seen as a legally binding document. The Commission will update the guidance and interpretation document as new issues arise.

Commission's guidance and interpretation paper on certain issues arising from Regulation (EC) 842/2006 on certain fluorinated greenhouse gases (117KB)

Transitional arrangements for personnel and companies

The Commission’s proposals apply from July 2008 but time needs to be allowed for national qualifications to be modified, training centres to prepare and offer courses, personnel to get the new qualifications and for companies to be certified. Following pressure from the UK and some other Member States, the Commission have included a range of transitional periods (between 1 and 3 years) relating to each sector. There are also transitional provisions and derogations for trainees working under supervision. These provisions should enable all concerned to plan for a progressive transition to the new qualification requirements. We have emphasised to the Commission the cost burden that the new requirements will represent, especially for the stationary/refrigeration/air conditioning sector.

Summary/next steps

This brings a successful end to the round of negotiations on the implementing Regulations which needed to be passed by the F-gas Regulatory Committee and enables Member States to move forward with their implementation. In the UK Defra, BERR and the devolved administrations will now work with stakeholders on how best to implement the Regulations to meet the requirements that were adopted. These Regulations will form part of the public consultation which will be needed in 2008.

BERR, working with other Whitehall departments and the devolved administrations, continues to seek the views of UK industry on implementing the Regulation and would appreciate your comments. If you wish to comment, please e-mail your views to Alan Morgan (alan.morgan@berr.gsi.gov.uk) at the Sustainable Development Unit. 

Respondents in Scotland are requested to copy comments to the Scottish Executive’s Climate Change Team climate.change@scotland.gsi.gov.uk

2.  Summary of the Regulation and final text

The f-gas Regulation was published on 14 June 2006 in the Official Journal of the European Union and entered into force on 4 July 2006.  The key obligations applied with effect from 4 July 2007.

The objectives of the Regulation

The principal objective is to contain, prevent and thereby reduce emissions of f-gases covered by the Kyoto Protocol. This Regulation will make a significant contribution towards the European Community's Kyoto Protocol target by introducing cost-effective mitigation measures and to prevent distortion of the internal market.

The main focus is on containment and recovery of f-gases, together with harmonised restrictions on the marketing and use of f-gases in applications where containment of f-gases is difficult to achieve or the use of f-gases is considered inappropriate and suitable alternatives exist.

The sectors affected

The containment and recovery articles in the Regulation will have an impact on the commercial refrigeration, air-conditioning and heat pump sectors and in the fire protection sector; and for the personnel involved in the installation, servicing and recovery of f-gases from these systems as well as from equipment containing fluorinated greenhouse gas based solvents, high voltage switchgear and fire extinguishers. Operators of relevant systems will have a range of obligations including prompt leakage repair, leakage checking and record keeping and ensuring appropriately qualified personnel are used.

However, this Regulation will potentially also have an impact on a wider range of f-gas uses due to the recovery obligation provided for in Article 4.3.

The Regulation will also impact on producers, importers and exporters of f-gases if they produce, import or export more than 1 tonne of f-gases per annum as they will have to report to the Commission and Member States' competent authorities on the amounts produced, imported or exported.

In addition, specified products and equipment that contain f-gases will be subject to labelling requirements and specific uses of f-gases and products that contain f-gases are controlled or banned by the Regulation. These cover certain uses of sulphur hexafluoride for magnesium die-casing, use of certain f-gases in non-refillable containers, fire protection systems, tyres, one component foams, novelty aerosols, footwear and windows and self-chilling cans.

3.  MAC Directive and final text

· the introduction of maximum leakage rates
· the eventual phase out in MAC use of f-gases with global warming potential greater than 150.

4.  Initial UK Government Guidance

Key obligations in the Regulation will apply in the UK and the rest of the EU from 4th July 2007.  The Government is continuing to work with stakeholders to ensure that the f-gas Regulation is successfully implemented and its environmental objectives achieved.  This initial framework guidance is a key part of that work and has been developed in discussion with stakeholder groups. The guidance will be updated as necessary, including in the light of progress of the work of the f-gas Regulatory Committee (see section on article 12).  A supplementary document to the initial guidance on frequently asked questions has also been published.

5. Supplementary Guidance for Stationary Refrigeration, Air-Conditioning and Heat Pump Users 

This Guidance Note is a supplement to the UK Government Initial Guidance (see above)
on the F-Gas Regulation. In particular this Guidance is intended to:

• Help operators of stationary refrigeration, air-conditioning and heat pump equipment identify whether they use refrigerants affected by the new Regulation.
• Help identify how much refrigerant they have in a system.  This is important as it affects the way the Regulation will apply.
• For those that are affected, to provide an explanation of what actions they need to take to comply and the dates when the new rules come into force.

The supplementary Guidance note is only aimed at stationary refrigeration, air-conditioning and heat pump users.  Other sectors affected by the F-Gas Regulation (e.g. fire protection systems, solvents, foam blowing, aerosols) should refer to the UK Government Initial Guidance above. 

6. Data Reporting

Article 6 of Regulation (EC) No 842/2006 on certain fluorinated greenhouse gases (F-gases) requires that producers , importers , and exporters who produce, import, and/or export more than one tonne of F-gases or preparations (blends) containing F-gases, per annum in/from the European Community, report to the European Commission annually before 31 March, beginning in 2008 for activities occurring during 2007.

An electronic version of the Reporting form can be down loaded from the European Commission website below.

Data Reporting for Producers, Importers and Exporters 

Details of where to send completed forms can also be found on the website.  A copy of the completed form should also be sent to Defra at fgas@defra.gsi.gov.uk

7.  Minutes of f-gas Industry Stakeholders meetings

F gas stakeholders’ meeting minutes: 15 February 2007 (839KB)

F gas stakeholders’ meeting minutes: 18 May 2007 (55KB)

F gas stakeholders' meeting 20 July 2007: minutes (4023KB)

Date of next stakeholders meeting -  10 October 2008

8.  Key Contacts

FOr enquiries please contact:

F-Gas Support,
P O Box 481
Salford,
M50 3UD
Telephone Help Line: 0161 874 3663
Email: fgas-support@enviros.com

BERR Sustainable Development Unit 
Policy Adviser
020 7215 6248 

Defra 

F Gas Team

fgas@defra.gsi.gov.uk

Keith Brierley
Environment Agency 
Policy Adviser
0117 914 2939 
keith.brierley@environment-agency.gov.uk

Alistair Montgomery 
Scottish Executive
Climate Change Team
0131 244 7384 
climate.change@scotland.gsi.gov.uk

(Site updated 15 May 2008)