F-GAS REGULATIONS

(EC) 842/2006

After a long process through the European Parliament the F-Gas regulations became law when they were published in the EU Official Journal in June 2006. They entered into force on 4^th July 2006 with the majority of measures taking effect from 4^th July 2007.

The objective of this regulation is to contain, prevent and thereby reduce emissions of the fluorinated greenhouse gases covered by the Kyoto Protocol. The regulation addresses containment, use, recovery, destruction, reporting, labelling, training, certification and some placing on the market prohibitions for the fluorinated gases.

HFCs are one group of fluorinated greenhouse gases covered by this legislation.

The regulation does not ban the use of HFCs in any static refrigeration or air conditioning application. There is, however, a huge onus upon those working in the industry to apply these measures so that emissions are significantly reduced.

The relevant parts affecting the refrigeration and Air Conditioning industry are detailed below.

CONTAINMENT (article 3)

Operators of stationary refrigeration, air conditioning and heat pump equipment shall use all measures which are technically feasible and do not entail disproportionate cost to prevent leakage of HFCs and as soon as possible repair any detected leakage.

An operator is defined as; the natural or legal person exercising actual power over the technical functioning of the systems covered by this regulation. A member state may in specific situations designate the owner as being responsible for the operator’s obligations.

These operators shall ensure systems are checked for leakage by certified personnel, as defined by the training and certification requirement and to the following schedule;

Leakage inspection

Systems shall be checked for leakage dependent on refrigerant charge

3kg charge and above - check at least once every 12 months.

30kg charge and above - check at least once every 6 months.

300kg charge and above - check at least once every 3 months.

Hermetically sealed systems, which are labelled as such and contain less than 6kg, are exempt.

The application shall be checked for leakage within 1 month after a leak has been repaired to ensure the repair was effective.

If a properly functioning appropriate leak detection system is in place, the frequency of the checks required for systems with 30kg or more are halved.

Operators of equipment containing 300kg or more shall install leakage detection systems.

These must be checked at least once every twelve months to ensure they are functioning properly.

‘Checked for leakage’ means that the system is examined for leakage using direct or indirect methods, focusing on those parts of the system most likely to leak.

By 4^th July 2007 the commission shall establish the standard leak checking requirements.

Record keeping

Operators of equipment containing 3kg or more will need to maintain records on the quantity and type of HFC installed. Any quantities added or recovered during maintenance, servicing and final disposal will need to be recorded along with leak checks, actions taken, the name of the service Company, the engineer / technician who performed the servicing and maintenance, dates and results of inspections. These records have to be made available to the competent authority upon request.

RECOVERY (article 4)

Operators of refrigeration, air conditioning and heat pump equipment are responsible for putting in place arrangements for the proper recovery by certified personnel, who comply with the training and certification requirements, of fluorinated greenhouse gases to ensure their recycling, reclamation or destruction.

Recovery, for the purpose of recycling, reclamation or destruction must take place before the final disposal of that equipment and where appropriate, during its servicing and maintenance.

When a refillable or non-refillable container reaches the end of its life, the person utilising it for transport or storage purposes is responsible for putting in place arrangements for the proper recovery of any residual gases it contains to ensure their recycling, reclamation or destruction.

TRAINING AND CERTIFICATION (article 5)

By 4^th July 2007 The European Commission must define minimum qualifications for both companies and personnel using fluorinated greenhouse gases.

By 4^th July 2008 Member States shall establish or adapt their own training and certification requirements for companies and all relevant personnel involved in installation, maintenance and servicing based on the minimum qualifications.

The operator of the relevant application shall ensure that relevant personnel have obtained the necessary certification which implies appropriate knowledge of the applicable regulations and standards as well as the necessary competence in emission prevention and recovery of fluorinated greenhouse gases and handling safely the relevant type and size of equipment.

By 4^th July 2009 Member States must ensure that companies involved in activities affected by containment and recovery will only take delivery of fluorinated greenhouse gases where their relevant personnel hold the required training and certificates.

REPORTING (article 6)

For the calendar year 2007 each producer, importer or exporter of more than 1 Tonne of fluorinated greenhouse gases must report quantities to the Commission.

Member states will have to establish reporting systems for the relevant sectors with the objective of acquiring emission data.

LABELLING (article 7)

In addition to existing labelling requirements, all equipment or product placed on the market for the first time from 4^th July 2007 must have a label identifying the chemical name of the fluorinated greenhouse gas using the accepted industry nomenclature. Such a label also needs to indicate that the product or equipment ‘contains fluorinated greenhouse gases covered by the Kyoto Protocol’. This should be clearly and indelibly stated with the quantity adjacent to the service points for charging or recovery. The form of the label to be used will be established by the EU commission and may require further information. It is hoped this information will be available well in advance of 4^th July 2007

Hermetically sealed systems will need to be labelled as such.

Information on the fluorinated greenhouse gases, including their global warming potential must be included in the instruction manuals provided for products and equipment.

PLACING ON THE MARKET (article 9)

A ban on disposable cylinders applies from 4^th July 2007. The ban does not apply to cylinders filled prior to that date. HFCs and PFCs are banned from use in new non-confined direct evaporation systems from 4^th July 2007.

REVIEW (article10)

The EU Commission will publish a report by 31^st December 2007 for air conditioning systems and refrigeration systems in modes of transport other than motor vehicles. If appropriate the containment provisions may apply from by 31^st December 2008.

By 4^th July 2011 the EU Commission will publish a full report based on the experience of the application of this regulation and may make proposals for revision of the regulation.

DEFINITIONS

‘Hermetically sealed system’ means a system in which all refrigerant containing parts are made tight by welding, brazing or a similar permanent connection which may include capped valves and capped service ports that allow proper repair or disposal and which have a tested leakage rate of less than 3 grams per year under a pressure of at least a quarter of the maximum allowable pressure.

‘Leakage detection system’ means a calibrated mechanical, electrical, or electronic device for detecting leakage of fluorinated greenhouse gases which, on detection, alerts the operator.

AUTOMOTIVE A/C (cars and car derived vans)

This sector is covered by the MAC directive 2006/40/EC which also entered into force on 4^th July 2006. Fluorinated greenhouse gases, such as R134a, with a GWP 150 or greater are banned in New type vehicles from 2011 and the ban extends to all new vehicles from 2017. It is illegal to retrofit air conditioning systems to vehicles type approved after 2011 or any new vehicle after 2017. Vehicles fitted with R134a air conditioning systems prior to these dates can continue to use the refrigerant for servicing.

Service providers shall not refill equipment with R134a if an abnormal amount of refrigerant has leaked from the system, until the necessary repair has been completed.

Further reviews and other implementation measures for reducing emissions are required by this directive.

Consultation documents

Consultation documents have been published on training and certification, standard leak checking, labelling and reporting.

Industry has responded to the EU commission and the replies and recommendations are under consideration in time for a further EU regulatory meeting taking place in March 2007.

The UK will launch its public consultation on the proposed F Gas sanctions and penalties Regulations in the next few weeks. The consultation will run for 12 weeks and stakeholders will be invited to submit their views and comments on these Regulations. The Consultation will be available on the Defra and DTI websites

Useful Websites for further information

Dti

www.dti.gov.uk/innovation/sustainability/fgases/page28889.html

Full F-GAS legislation document

MAC Directive

UK Government initial guidance

Frequently Asked Questions on F-Gas

Consultation documents on Leakage and training

Plus UK stakeholder meeting notes

DEFRA

www.defra.gov.uk/environment/climatechange/uk/fgas/index.htm

Legislation document

UK Government initial guidance

Frequently asked questions (FAQs) document

9^th February 2007