Annexes to COM(2011)581 - Application, effects and adequacy of the Regulation on certain fluorinated greenhouse gases (Regulation (EC) No 842/2006)

Please note

This page contains a limited version of this dossier in the EU Monitor.

dossier COM(2011)581 - Application, effects and adequacy of the Regulation on certain fluorinated greenhouse gases (Regulation (EC) No 842/2006).
document COM(2011)581 EN
date September 26, 2011
agreements at Community level.

5.2. Improving containment and recovery provisions

Even if policies are put in place to gradually avoid the use of highly potent F-gases, it remains of utmost importance to avoid leaks and ensure proper recovery of high-GWP F-gases from equipment still using them. The Regulation already has substantial containment and recovery provisions covering almost all key applications with the capacity to substantially reduce leakage of F-gases and various stakeholders have made significant investments to comply with those provisions. It is therefore crucial that the existing provisions are properly implemented and enforced by Member States.

A number of potential options have been identified to further improve these provisions, including options suggested by Article 10 of the Regulation: including additional equipment, such as air-conditioning and refrigeration systems in transport vehicles, in the scope of particular containment and recovery provisions; extending training and certification requirements; extending certain containment provisions to smaller equipment; establishing maximum leakage rates for installations; developing EU standards and notes describing best available techniques and best environmental practices for preventing and minimising emissions of fluorinated greenhouse gases.

Analysis indicates that the scope for further improving these provisions cost-effectively is rather limited. However particular options, such as extending existing containment and recovery provisions to refrigeration systems in certain categories of road vehicles such as trucks and trailers and labelling provisions to new products and equipment merit further consideration and assessment.

5.3. Taking account of the latest scientific information

The Regulation currently relates to the three groups of F-gases covered by the Kyoto Protocol. Annex I, Part 1 of the Regulation lists 17 types of hydrofluorocarbons, 7 types of perfluorocarbons and sulphur hexafluoride, which are included in its scope together with their preparations with a total GWP of 150 or more.

The fourth assessment report by the Intergovernmental Panel on Climate Change (IPPC) identifies two additional types of hydrofluorocarbons [20] and two additional types of perfluorocarbons [21]. The same report identifies, for the first time, nitrogen trifluoride [22], a substance which is increasingly used in the electronics industry for plasma etching and chamber cleaning processes as a substitute for perfluorocarbons and sulphur hexafluoride.

Consideration could be given to adding these gases to Annex I.

Furthermore, it should be considered to update the GWP values listed in Annex I based on the fourth assessment report from the IPCC. The GWP values currently in Annex I are from the third assessment report of the IPCC.

5.4. Improving monitoring by enhancing reporting provisions

Consideration should be given to the costs and benefits of a potential extension of the reporting provisions to F-gases contained in pre-charged products and equipment imported into / exported from the EU, and to entities reclaiming or destroying F-gases in the EU to improve monitoring.

Consideration should also be given to ways of enhancing the quality of Member State reporting systems for emission data, by utilising information recorded and maintained by operators, pursuant to the Regulation. The analysis shows that the quantities potentially excluded from reporting provisions owing to one-tonne limit are not significant, so a modification of this threshold value is not considered necessary.

6. Conclusions and Next steps

The provisions in the Regulation became operational at different stages between 2006 and 2011. The analysis has identified some shortcomings in the current application of some of its key provisions, in particular training and certification, containment, and recovery provisions.

Given the short time period in which the Regulation has been operational, any present effect of the Regulation's containment and recovery provisions cannot yet be quantified. Nonetheless, the Regulation, through its use and marketing restrictions, has already helped the EU and its Member States to be on track with their commitments under the Kyoto Protocol to the United Nations Framework Convention on Climate Change, for the period 2008 to 2012.

If all its current provisions are fully applied in all Member States, the Regulation together with the MAC Directive, would make it possible to avoid almost half of projected emissions by 2050, stabilising EU-27 emissions at today’s levels of 110 million tonnes of CO2 eq.. Consequently, it is critical that Member States rapidly intensify their efforts to implement and enforce the Regulation properly. The Commission is willing to continue to support, organise and facilitate measures aiming at better application of the legislation. The Commission will also start infringement proceedings where appropriate.

However, in the context of the overall EU objective to cut emissions by 80–95 % by 2050, the stabilisation of F-gas emissions at today’s levels is not adequate and the analysis shows that already available or emerging low-GWP technologies are technically feasible and can be cost-effective in many application areas. With ongoing research constantly improving their safety and performance characteristics, such options have the potential to gradually replace technology based on F-gases with high-GWP, thereby aiding the transition to a climate-friendly, low carbon economy.

Consequently, the EU must take further action to achieve further cost-effective reductions of greenhouse gas emissions. The EU already supports global action to reduce F-gas emissions under the Montreal Protocol and this report identifies options for additional cost-effective reductions of F-gases in the EU. The Commission will consult stakeholders on these options and will assess their potential economic, social and environmental impacts. On this basis the Commission will, if appropriate, present a legislative proposal for revising this Regulation.


Annex: Acronyms

F-gases ………Fluorinated greenhouse gases

MAC Directive Directive 2006/EC/40 relating to emissions from air-conditioning systems in motor vehicles

CO2 eq. ………Carbon dioxide equivalent

GWP ………………Global Warming Potential

HFC ……………….Hydrofluorocarbons

PFC ……………….Perfluorocarbons

SF6 ………………Sulphur hexafluoride

NF3 ………………Nitrogen trifluoride

[1] OJ L 161, 14.6.2006, p. 1–11.

[2] Schwarz, W. et al. (2011) Final Report: Service contract to provide technical support for conducting a review of Regulation (EC) No 842/2008 on certain fluorinated greenhouse gases.

[3] OJ L 161, 14.6.2006, p. 12–18.

[4] Approved by Council Decision 2002/358/EC OJ L 130, 15.5.2002, p. 1–3.

[5] Carbon dioxide equivalent is a measure comparing emissions from various greenhouse gases based on their global warming potential.

[6] COM(2003) 492 final of 11.8.2003. This Commission proposal was the basis of both the Regulation and the MAC Directive.

[7] Article 9 and Annex II introduce prohibitions on the placing on the market of certain products and equipment containing, or whose functioning relies upon, F-Gases. Exceptionally they applied with effect from 4 July 2006 although individual prohibitions became gradually applicable between 4 July 2006 (footwear) and 4 July 2009 (novelty aerosols).

[8] Article 9(2) excludes products and equipment listed in Annex II shown to be manufactured before the date of entry into force of the relevant prohibition from marketing prohibitions.

[9] Established under Council Regulation (EC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff, OJ L 256, 7.9.1987, p. 1–675, as amended.

[10] All personnel and companies in the stationary refrigeration, air conditioning and heat pumps sectors should have been fully certified, at the latest, by 4 July 2011.

[11] Regulation (EC) No 1013/2006 on shipments of waste, OJ L 190, 12.7.2006, p. 1–98.

[12] Decision No 280/2004/EC of 11 February 2004 concerning a mechanism for monitoring Community greenhouse gas emissions and for implementing the Kyoto Protocol, OJ L 49, 19.2.2004, p. 1–8. .

[13] Commission Decision No 2005/166/EC of 10 February 2005 laying down rules implementing Decision No 280/2004/EC of the European Parliament and of the Council concerning a mechanism for monitoring Community greenhouse gas emissions and for implementing the Kyoto Protocol, OJ L 55, 1.3.2005, p. 57–91.

[14] OJ L 130, 15.5.2002, p. 1–3. .

[15] Commission Decision 2007/62/EC of 8 December 2006 concerning national provisions notified by Denmark on certain industrial greenhouse gases, OJ L 32, 6.2.2007, p. 130–134 and Commission Decision 2008/80/EC of 21 December 2007 concerning national provisions notified by the Republic of Austria on certain fluorinated greenhouse gases, OJ L 24, 29.1.2008, p. 45–50.

[16] Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Region: A roadmap for moving to a competitive low carbon economy in 2050. COM(2011) 112 final.

[17] Council Conclusions from 14 October 2010 on Preparation for the 16th Conference of the Parties to the UN Framework Convention on Climate Change Cancún, 29 November to 10 December 2010.

[18] Recital 7, Regulation (EC) No 842/2006 on certain fluorinated greenhouse gases.

[19] Recital 8, Regulation (EC) No 842/2006 on certain fluorinated greenhouse gases.

[20] HFC-152 and HFC-161 with a 100-year Global Warming Potential of 53 and 12 respectively.

[21] PFC 9-1-18 and perfluorocyclopropane with a 100-year Global Warming Potential greater than 7500 and greater than 17340 respectively.

[22] NF3 with a 100-year Global Warming Potential of 17200.

--------------------------------------------------