Regulation 2024/573
OJ L 000 20.02.2024, p. 0000

00060/2023/LEX

The European Parliament adopted by 457 votes to 92, with 32 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council on fluorinated greenhouse gases, amending Directive (EU) 2019/1937 and repealing Regulation (EU) No 517/2014.

The European Parliament's position adopted at first reading under the ordinary legislative procedure amends the Commission's proposal as follows:

Prevention of emissions

The intentional release of fluorinated greenhouse gases into the atmosphere should be prohibited where the release is not technically necessary for the intended use . If an intentional release is technically necessary for the intended use, operators of equipment that contains fluorinated greenhouse gases or of facilities where fluorinated greenhouse gases are used should take all measures that are technically and economically feasible to prevent, to the extent possible, their release into the atmosphere, including by recapturing the gases emitted.

Where the equipment is subject to leak checks and a leak in the equipment has been repaired, the operators of the equipment shall ensure that the equipment is checked by a natural person who is certified at the earliest after an operating time of 24 hours has elapsed but not later than one month after the repair to verify that the repair has been effective.

Leak checks

Operators and manufacturers of equipment that contains 5 tonnes of CO2 equivalent or more of fluorinated greenhouse gases listed in Annex I or 1 kilogram or more of fluorinated greenhouse gases listed in Section I of Annex II that is not contained in foams, should ensure that the equipment is checked for leaks.

Hermetically sealed equipment should not be checked for leaks provided that it is labelled as hermetically sealed equipment and that it complies with certain conditions.

Where hermetically sealed equipment is installed in residential buildings, it should not be checked for leaks where that equipment contains less than 3 kilograms of fluorinated greenhouse gases provided that it is labelled as hermetically sealed.

Recovery and destruction

Operators of equipment that contain fluorinated greenhouse gases, not contained in foams, should ensure that those substances are recovered and, after the decommissioning of the equipment, they are recycled, reclaimed or destroyed .

The obligation should apply to operators of any of the following stationary and mobile equipment:

- the cooling circuits of refrigeration, air-conditioning equipment and heat pumps;

- equipment that contains fluorinated greenhouse gas-based solvents;

- fire protection equipment;

- electrical switchgear;

- the cooling circuits of: (i) refrigeration units of refrigerated trucks and refrigerated trailers; (ii) refrigeration units of refrigerated light-duty vehicles and intermodal containers, including reefers, and train wagons; (iii) air-conditioning equipment and heat pumps in heavy duty vehicles, vans, non-road mobile machinery used in agriculture, mining and construction operations, trains, metros, trams and aircraft.

For the recovery of fluorinated greenhouse gases from air-conditioning equipment in motor vehicles which fall within the scope of Directive 2006/40/EC, only natural persons holding at least a training attestation in accordance with Article 10(1), second subparagraph of this Regulation, shall be considered to be appropriately qualified.

Extended producer responsibility

The amended text sets out a mandatory extended producer responsibility (EPR) scheme from 1 January 2028 for F-gases in products and equipment which fall under the categories of electrical and electronic equipment subject to Directive 2012/19/EU (on waste electrical and electronic equipment).

Certification and training

Member States should adopt appropriate measures to meet the need for qualified personnel so that a large number of natural persons carrying out operations involving fluorinated greenhouse gases and technologies to replace and limit the use of these gases are trained and certified. In this respect, the Regulation lays down rules on certification and training measures.

The certification programmes and training on practical skills and theoretical knowledge should cover, inter alia, the safe handling of equipment containing flammable or toxic gases or operating under high-pressure or involving other relevant risks and the measures for improving or maintaining the energy efficiency of equipment during installation, or maintenance or servicing. Member States should ensure that certified natural persons are required to participate in refreshment training courses or complete an evaluation process at least every 7 years.

Declaration of conformity

Undertakings which place on the market refillable containers for fluorinated greenhouse gases should produce a declaration of conformity that includes evidence confirming that there are binding arrangements in place for the return of those containers for the purpose of refilling, in particular identifying the relevant actors, their obligatory commitments and the relevant logistical arrangements. Those arrangements should be made binding on the distributors of the refillable containers for fluorinated greenhouse gases to the end-user.

Prohibitions on marketing

The amended text introduced:

- a full ban on small (<12kW) monobloc heat pumps and air conditioning that contain F-gases with a global warming potential (GWP) of at least 150 starting in 2027, and a complete phase-out in 2032;

- a full ban starting in 2035 of split air conditioning and heat pumps containing F-gases, with earlier deadlines for certain types of split systems with higher global warming potential. Exemptions are provided for in cases where this equipment is needed to meet safety requirements;

- a new full ban on medium voltage switchgears relying on F-gases, with a gradual phase-out by 2030, and a ban on high voltage switchgears by 2032;

- a ban on some equipment needed to repair and service existing equipment . From 2025, servicing equipment for refrigeration equipment that uses F-gases with high global warming potential will be banned unless the gases are reclaimed or recycled, in which case they benefit from a derogation until 2030.

Penalties

Member States should lay down the rules on effective, proportionate and dissuasive penalties applicable to infringements. The penalties should include at least fines, confiscation of products, temporary exclusion of products from public procurement and temporary trade bans.

In the case of unlawful production, import, export, placing on the market or use of fluorinated greenhouse gases, or of products and equipment containing those gases or whose functioning relies upon those gases, the maximum amount of the administrative financial penalty should be at least five times the market value of the gases or products and equipment concerned. Where such infringements are repeated within a five-year period, the maximum amount of the administrative financial penalty should be at least eight times the market value of the gases or products and equipment concerned.

Review

By 1 January 2030, the Commission should publish a report on the effects of this Regulation. Before 1 January 2040 , the Commission should review the needs for hydrofluorocarbons in the sectors where they are still used, in particular, taking into account technological developments, the availability of alternatives to hydrofluorocarbons for the relevant applications and the Union’s climate targets.

T9-0002/2024

Debate in Parliament

PE754.894
GEDA/A/(2023)006079

GEDA/A/(2023)006079

PE754.894

Results of vote in Parliament

The European Parliament adopted by 426 votes to 109, with 52 abstentions, amendments to the proposal for a regulation of the European Parliament and of the Council on fluorinated greenhouse gases, amending Directive (EU) 2019/1937 and repealing Regulation (EU) No 517/2014.

The matter was referred to the committee responsible for interinstitutional negotiations.

Contributing to the EU's climate neutrality objective

Members want to see a greater phase-out of hydrofluorocarbons (HFCs) in the EU market from 2039 , with a complete phase-out of HFC production and consumption by 2050 (Annex VII).

Alternative solutions

To accelerate innovation in, and the development of, more climate-friendly solutions and to provide certainty for consumers and investors, Members wish to strengthen new requirements proposed by the Commission that prohibit the placing on the single market of products containing F-gases (Annex IV). The text adds prohibitions on the use of F-gases for sectors where it is technologically and economically feasible to switch to alternatives that do not use F-gases, such as refrigeration, air conditioning, heat pumps and electrical switchgear.

According to Members, the shift towards the use of hydrofluorocarbon alternatives should lead to cost savings for undertakings as a result of avoided HFC quota purchase and should spur green innovation and employment. Member States should however ensure a fair and just transition , leaving no one behind, for the personnel employed by undertakings which do not succeed in the transition to natural alternatives.

When examining if there are alternatives to the use of specific fluorinated greenhouse gases, the Commission should therefore consider, inter alia, if the alternative is economically viable and if the alternative can be widely deployed for practical reasons. In particular, the Commission should take into account the situation of small and medium- sized enterprises (SMEs) when assessing if an alternative can realistically be applied.

Extended producer responsibility schemes

Member States should require that, by 31 December 2027 at the latest, extended producer responsibility schemes are established for the recovery, recycling, reclamation or destruction of the fluorinated greenhouse gases listed in Annexes I and II, taking into account already applicable producer responsibility schemes.

The Commission should, by 31 December 2025, adopt delegated acts setting out minimum requirements for the producer responsibility schemes referred to in paragraph 1, including on collection, reclamation, recycling, disposal facilities, equipment provision to certified technicians, reporting and awareness raising.

Certification and training

Certification programmes and training by Member States should cover aspects such as the certification of natural alternatives , including their characteristics and benefits compared to the use of fluorinated greenhouse gases, and their safe handling during installation, servicing, maintenance, repair and decommissioning.

No later than one year after the entry into force of the Regulation, Member States should notify the Commission of the certification and training programmes and the number of persons certified and trained for F-Gases and relevant alternatives in each sector.

Prohibited uses

Members propose that the following uses should be prohibited:

- from 1 January 2024 : the servicing or maintenance of air conditioning and heat pump equipment, mobile and stationary refrigeration equipment and chillers by fluorinated greenhouse gases listed in Annex I, with a global warming potential of 2 500 or more;

- from 1 January 2030 : the servicing or maintenance of stationary refrigeration equipment, with the exclusion of chillers, by fluorinated greenhouse gases listed in Annex I, with a global warming potential of 150 or more.

These measures should not apply to military equipment or equipment intended for applications designed to cool medicinal products to temperatures below - 50 °C or equipment intended for applications designed to cool nuclear power stations.

Heat pumps

Members recalled that the RePowerEU plan includes a target to roll out 10 million hydronic heat pumps by 2027 and to double the rate of heat pump deployment by 2030. While the heat pump industry has started investing in HFC alternatives, it could prove challenging to quickly replace production of HFC-based heat pumps with natural alternatives and deliver to the market the amount of heat pumps targeted by RePowerEU.

The Commission should therefore closely monitor market developments and should provide an additional amount of HFC quotas to the heat pump industry, should the HFC quota phase-down set out in Annex VII create disruptions in the Union’s heat pump market to an extent which would endanger the attainment of the RePowerEU heat pump deployment targets.

F-gas portal

The Commission and competent authorities of the Member States should ensure that the following data included in the F-gas Portal is publicly available: (a) regularly updated quota allocation and quota transfers; (b) a list of registered importers and producers; (c) data on imports, including points of entry and type of HFC; (d) temporary storage data; (e) facility-level chemical destruction data.

Prevention of illegal trade

Members want illegal trade in fluorinated gases to be better monitored, by allowing customs authorities to seize and confiscate fluorinated gases imported or exported in violation of the rules, in line with the forthcoming directive on environmental crime. By 30 June 2025, the Commission should publish a report assessing the potential risks of illegal trade.

Review

Lastly, Members stated that the Commission should continuously monitor technological and market developments in relation to the use of fluorinated greenhouse gases and their natural alternatives in the Union.

By 1 January 2027, the Commission should publish a report on the implementation of this Regulation, including in relation to the impact of this Regulation on the health sector, particularly the availability of metered dose inhalers for the delivery of pharmaceutical ingredients, as well as on the impact on the market of cooling equipment used in conjunction with batteries.

T9-0092/2023

Debate in Parliament

The Committee on the Environment, Public Health and Food Safety adopted the report by Bas EICKHOUT (Greens/EFA, NL) on the proposal for a regulation of the European Parliament and of the Council on fluorinated greenhouse gases, amending Directive (EU) 2019/1937 and repealing Regulation (EU) No 517/2014 .

The committee responsible recommended that the European Parliament's position adopted at first reading under the ordinary legislative procedure should amend the proposal as follows:

Alternative solut i ons

The report stressed that the shift towards the use of hydrofluorocarbon (HFC) alternatives will lead to cost savings for undertakings as a result of avoided HFC quota purchase and will spur green innovation and employment. Member States should however ensure a fair and just transition.

To accelerate innovation in, and the development of, more climate-friendly solutions and to provide certainty for consumers and investors, Members wish to strengthen new requirements proposed by the Commission that prohibit the placing on the single market of products containing F-gases (Annex IV). The text adds prohibitions on the use of F-gases for sectors where it is technologically and economically feasible to switch to alternatives that do not use F-gases, such as refrigeration, air conditioning, heat pumps and electrical switchgear.

Control of use

According to the report, f rom 1 January 2024 , the following uses sh ould be prohibited:

(a) the servicing or maintenance of stationary refrigeration equipment, with the exclusion of chillers, by fluorinated greenhouse gases listed in Annex I, with a global warming potential of 150 or more;

(b) the servicing or maintenance of air conditioning and heat pump equipment, mobile refrigeration equipment and chillers by fluorinated greenhouse gases listed in Annex I, with a global warming potential of 2 500 or more.

This measure should not apply to military equipment or equipment intended for applications designed to cool medicinal products to temperatures below - 50 °C or equipment intended for applications designed to cool nuclear power stations.

With a view to achieving a zero HFCs target by 2050 (Annex VII), Members introduced a steeper trajectory from 2039 onwards to phase down hydrofluorocarbons (HFCs) placed on the EU market.

Obligation to carry out checks

The report suggested that competent authorities of Member States sh ould carry out checks to establish whether undertakings comply with their obligations under this Regulation. These checks should include on-site visits of establishments with the appropriate frequency and verification of relevant documentation and equipment as well as checks of online platforms selling bulk fluorinated gases or products and equipment that contain such gases.

Preventing illegal trade

Members wish to take f urther action on illegal trade by proposing minimum penalties for non-compliance, eliminating out exemptions and thresholds for reporting, and increasing investments in customs and monitoring .

Review

Lastly, Members stated that the Commission should continuously monitor technological and market developments in relation to the use of fluorinated greenhouse gases and their natural alternatives in the Union.

By 1 January 2027, the Commission should publish a report on the implementation of this Regulation, including in relation to the impact of this Regulation on the health sector, particularly the availability of metered dose inhalers for the delivery of pharmaceutical ingredients, as well as on the impact on the market of cooling equipment used in conjunction with batteries.

A9-0048/2023

PE737.218

PE738.641

PE738.639

PE738.640

PE737.211

COM(2022)0150

COM(2022)0150

CES1946/2022

SEC(2022)0156

EUR-Lex
SWD(2022)0095

SWD(2022)0096

EUR-Lex
SWD(2022)0097

PURPOSE: to review the current fluorinated greenhouse gas (F-gas) Regulation with a view to further cutting emissions of these potent greenhouse gases.

PROPOSED ACT: Regulation of the European Parliament and of the Council.

ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.

BACKGROUND: fluorinated greenhouse gases are human-made chemicals that are very strong greenhouse gases (GHG), often several thousand times stronger than carbon dioxide (CO2). Together with CO2, methane and nitrous oxide, they belong to the group of GHG emissions covered by the Paris Agreement.

Regulation (EU) No 517/2014 of the European Parliament and of the Council was adopted to reverse the increase in fluorinated greenhouse gas emissions. The Regulation has resulted in an annual decrease in F-gas emissions from 2015. The supply of hydrofluorocarbons (HFCs) has decreased by 37% in metric tonnes and 47% in tonnes of CO2 equivalent between 2015 and 2019.

The adoption of this Regulation has led to a year-on-year decrease of fluorinated greenhouse gas emissions.

Moreover, since the adoption of the Regulation a number of important developments (notably the European Green Deal, and a changed international policy environment with the Paris Agreement and the Kigali Amendment to the 1987 Montreal Protocol) have changed the relevant policy framework, implying that the EU F-gas Regulation is not fully fit-for-purpose , in terms of both exploiting the unused potential for achieving additional emission reductions and ensuring future compliance with the Montreal Protocol on ozone depleting substances.

Therefore, a revision of the current F-gas Regulation is needed in order to further reduce emissions of these potent greenhouse gases.

According to the Commission, the revised Regulation will save the equivalent of 40 million tonnes of carbon dioxide (CO2) emissions by 2030, over and above the reduction expected under the current legislation, reaching total additional savings equivalent to 310 million tonnes of CO2 by 2050 .

The proposed Regulation (as well as the current F-gas Regulation) has many similarities with the proposed Regulation on substances that deplete the ozone layer (the ODS Regulation), which is being revised in parallel. These two Regulations must jointly ensure that the Union complies with its obligations relating to hydrofluorocarbons and ozone depleting substances under the Montreal Protocol.

PURPOSE: overall, the proposed Regulation aims to prevent F-gas emissions , thereby contributing to EU climate objectives and ensure compliance regarding obligations related to hydrofluorocarbons (HFCs) under the Montreal Protocol on substances that deplete the ozone layer.

Its specific objectives seek to:

- achieve additional F-gas emission reductions to contribute more to reaching the at least minus 55% target by 2030 and carbon neutrality by 2050;

- fully align EU rules on F-gases with the Montreal Protocol to prevent non-compliance;

- facilitate enhanced implementation and enforcement, the functioning of the quota system and promote training on F-gas alternatives;

- improve monitoring and reporting to fill existing gaps and improve process and data quality for compliance;

- improve clarity and internal coherence to support better implementation and understanding of the rules.

The proposal:

- includes rules on containment (prevention of emissions, leakage checks, leakage detection system and rules on recovery). Recovery obligations of fluorinated greenhouse gases is extended to also cover foams in sandwich panels and laminated boards when removed from buildings;

- establishes training and certification obligations that also include tasks in relation to equipment that contain gases used as substitutes to fluorinated greenhouse gases (alternative gases) to promote their safe use and handling;

- includes restrictions and prohibitions on the placing on the market of F-gases and the concerned products and equipment. It clarifies that products and equipment placed unlawfully on the market cannot be used or further supplied. For products and equipment lawfully placed on the market, their further supply as of two years following the prohibition deadline is allowed only if evidence is provided of their (initial) lawful placing on the market. Non-refillable containers shall be prohibited from entering the customs territory and further used or supplied;

- includes labelling requirements for the placing on the market of F-gases in containers and in certain equipment;

- establishes a reduction schedule for the placing on the market of HFCs by establishing individual quantitative limits (quotas) for producers and importers;

- envisages the operation of the F-gas Portal for the implementation of the quota allocation system, licensing and reporting obligations and its inter-connection with the EU Single Window for Customs. Registered importers and producers have access to their individual quota allocations, penalties, quantities placed on the market as reported, as well as transfers and authorisations to use quota recorded by these undertakings;

- imposes as a condition to trade, a valid license to be presented to customs authorities in cases of import and export;

- clarifies the role of customs authorities and market surveillance authorities in enforcing the controls on trade envisaged therein. Non-refillable containers should be confiscated or seized or taken out of the market. Re-export of unlawful gases or products covered under the Regulation should be prohibited. Only designated or approved places and customs offices should be allowed to handle cases of imports and exports of F-gases;

- imposes a ban on the trade of HFCs with non-Parties to the Protocol, in line with the obligations set out in the Protocol as from 2028;

- establishes reporting obligations in particular for producers, importers of gases in bulk as well as charged in products and equipment, exporters, feedstock users, destruction and reclamation facilities and undertakings that received hydrofluorocarbons that fall under the exemptions from the quota rules. The reporting is done electronically via the F-gas Portal ;

- establishes that the level and type of administrative penalties for infringements of the Regulation must be effective, dissuasive and proportionate and should also take into account relevant criteria (such as the nature and gravity of the infringement). In particular, it proposes an administrative fine to be imposed in cases of illegal production, use or trade of gases and of the products and equipment covered under this Regulation.

COM(2022)0150
EUR-Lex