1. Enterprise Directorate-General
European Commission
EPEE/EFCTC Workshop on Fluorinated Gases
Athens, 29 September 2003
Action at EU level
The forthcoming Regulation on certain Fluorinated greenhouse gases
Giancarlo Granero
Chemicals Unit
Enterprise Directorate-General

2. The proposal: purpose and scope Provisions:
Outline
Some history
The proposal: purpose and scope
Provisions:
Monitoring
Containment and recovery
Marketing and use restrictions
MAC
Other provisions
Future steps

3. Drafting of the Proposal Approval by the Commission on 11.08.2003
Some history
UNFCCC 1992
Kyoto Protocol 1997
ECCP June 2000
F-gases working group
Report June 2001: F-gases increasing to 4% of overall CO2 emissions by 2010
Recommendations (also legislative framework)
Welcomed by Council and Parliament
Drafting of the Proposal
Extended mandate for the working group
Approval by the Commission on

4. Purpose of the Proposal
Make a significant contribution towards Kyoto Protocol target, cost-effectively
Focus on Internal market functioning, therefore art 95 of the Treaty
Marketing and use restrictions
Containment
Monitoring

5. Scope of the Proposed Regulation
Certain fluorinated gases:
hydrofluorocarbons, perfluorocarbons and sulphur hexafluoride
Listed in Annex A to the Kyoto Protocol + indicative list given in Annex I of the Regulation
Certain uses

6. Monitoring provisions
Inspections for leakage:
Leakage detection systems if > 300 kg
Records to be maintained if > 3 kg

7. Reporting provisions
Producers, importers and exporters (more than 1 t/y)
Data on quantities produced, imported and exported and expected emissions
31 March each year from the second year after entry into force

8. Containment and recovery provisions
Duty of care:
All measures technically and economically feasible
Fluorinated gases to be recovered for recycling, reclamation or destruction:
refrigeration, air-conditioning and heat pump equipment
equipment containing solvents
fire protection systems and fire extinguishers
high voltage switch gear
refillable containers
other products and equipment, where technically feasible and cost-effective

9. Marketing and use restrictions
SF6 in Magnesium die-casting
Above 500 kg/y, from 01/01/2007
SF6 for filling vehicle tyres
From entry into force
F-gases with GWP>150 in mobile air conditioners
Phase-out (see below)

10. Marketing and use restrictions
Placing on the market
Non-refillable containers (SF6, HFC, PFC)
One year after entry into force
Refrigerants in non-confined direct-evaporation systems (HFC, PFC)
At entry into force
Fire protection systems and fire extinguishers (PFC)

11. Marketing and use restrictions
Placing on the market
Windows (SF6, HFC, PFC)
2 years after entry into force
Footwear (SF6)
At entry into force
One component foams
except when required to meet national safety standards

12. Marketing and use restrictions
Placing on the market
Novelty aerosols (HFC)
3 years after entry into force
Footwear (HFC, PFC)
1 July 2006

13. Mobile air conditioning (MAC)
F-gases with GWP>150 (e.g. HFC-134a)
From 2005: Maximum leakage rate 40 g/y
: phase-out with a quota system:
Quotas calculated as % of year n-2
Quotas transferable without restrictions
Incentives for early movers (alternative refrigerants or enhanced HFC-134a)
Provisions for new entrants and small producers

14. Training and certification programs
Other provisions
Review
Report 5 years after entry into force: impact, cost-effectiveness, technology developments etc
Review by end 2005, based on potential progress in AC for other modes of transport
Committee
Training and certification programs
Sanctions: to be decided by Member States. 200€/car exceeding quota applies for MAC

15. The codecision procedure
Future steps
The codecision procedure
Council and EP on equal footing
Two readings, plus conciliation if necessary
Tentative calendar
Discussions have begun in the Council
Final adoption unlikely before end 2004
Depends on discussions in Council and Parliament, and on the need for a conciliation meeting
The Commission’s role from now on
Defend the Proposal, facilitate agreement between institutions.

16. Useful links Text of the Proposal:
europa.eu.int/eur-lex/en/com/pdf/2003/com2003_0492en01.pdf
Related studies and documents:
europa.eu.int/comm/environment/climat/eccp.htm#fluorinatedgases
europa.eu.int/comm/enterprise/chemicals/sustdev/index.htm