Proposed EU Fluorinated Gases Regulation 11 th August 2003

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

Timeline AUG SEPT OCTMARDECFEBMAYJUNEJULYAPRJAN 2004 NOV RAPPORTEUR APPOINTED PROPOSAL ADOPTED 2ND READING STARTS IN EP COUNCIL STARTS CONSIDERATION COMM AMEND PROPOSAL INTER-SERVICE CONSULTATION START IRISH PRESIDENCY START DUTCH PRESIDENCY June - JULY 2003 START ITALIAN PRESIDENCY 1 st COMMITTEE DISCUSSION/draft report COMMITTEE VOTE POSS POL AGREE COUNCIL EP ELECTIONS

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.’

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.

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

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.

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.

Article 6: Reporting Covers Producers, Importers and Exporters For quantities >1 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

Article 7: Control of use Fluorinated gasApplicationDate of prohibition Sulphur hexafluoride Magnesium die- casting, where quantity >500kg/yr 1 January 2007 Fluorinated gases with a global warming potential higher than 150 Air conditioning in passenger cars and light commercial vehicles 1 January 2009 – 31 December 2013* Sulphur hexafluoride Vehicle tyresEntry into force of regulation * Progressive controls on placing on the market applicable in accordance with Article 10.

Article 8 and Annex II: Placing on the market (1) Fluorinated gasApplicationDate of prohibition Fluorinated gases with a global warming potential higher than 150 Air conditioning in passenger cars and light commercial vehicles 1 January 2009 – 31 December 2013* Sulphur hexafluoride, hydrofluorocarbons and perfluorocarbons Non-refillable containers, except for laboratory and analytical use and metered dose inhalers One year after the date of entry into force Hydrofluorocarbons and perfluorocarbons Refrigerants in non- confined direct- evaporation systems Date of entry into force PerfluorocarbonsFire protection systems and fire extinguishers Date of entry into force * Progressive controls on placing on the market applicable in accordance with Article 10.

Article 8 and Annex II: Placing on the market (2) Fluorinated gasApplicationDate of prohibition Sulphur hexafluoride, hydrofluorocarbons and perfluorocarbons WindowsTwo years after the date of entry into force Sulphur hexafluorideFootwearDate of entry into force HydrofluorocarbonsOne component foams, except when required to meet national safety standards One year after the entry into force HydrofluorocarbonsNovelty aerosolsThree years after the entry into force Hydrofluorocarbons and perfluorocarbons Footwear1 July 2006

Article 9 : Air-conditioning systems in new vehicles From 1 January 2005: Leakage rate for new vehicles with Fluorinated gas of GWP>150 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 GWP>150 is prohibited except as under Article 10 (Quota).

Article 10: Quotas (1) Quota allocated for placing on the market of vehicles with A/C containing gas GWP>150 Changing % allocation and base year!! YearQuotaBase Year % % % % %2011

Article 10: Quotas (2) Additional quotas Equal to number of vehicles with GWP<150 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 Quotas can be used until 31 December 2018

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

Article 12: Management committee Commission to be assisted by Management Committee established under Ozone Regulation 2037/2000

Article 13: Sanctions Rules on sanctions for infringements set by Member States and notified to Commission within 1 year of entry into force