Fluorinated Greenhouse Gases Regulation

32024R0573 → 02024R0573-20240220

Article 10 Certification and training 1. Natural persons shall be certified to carry out the following activities involving fluorinated greenhouse gases within the meaning of Article 4(7), Article 5(1) and Article 8(2), 8(1), covering the fluorinated greenhouse gases specified therein, or involving relevant alternatives to fluorinated greenhouse gases, including natural refrigerants, where relevant: (a) installation, maintenance or servicing, repair or decommissioning of the equipment listed in Article 5(2), points (a) to (f), and in Article 5(3), points (a) and (b); (b) leak checks of the equipment referred to in Article 5(2), points (a) to (e), and in Article 5(3), points (a) and (b); (c) recovery from equipment listed in Article 8(2), and in Article 8(3), point (a). Natural persons shall hold at least a training attestation to carry out the following activities involving fluorinated greenhouse gases within the meaning of Article 4(7), Article 5(1) 5(1), Article 8(1), and Article 8(3), 8(10), covering the fluorinated greenhouse gases specified therein, or involving relevant alternatives to fluorinated greenhouse gases, including natural refrigerants, where relevant: (a) maintenance or servicing, or repair of air-conditioning equipment in motor vehicles falling within the scope of Directive 2006/40/EC, and recovering … 516 unchanged words … attestations issued in accordance with Regulation (EU) No 517/2014 shall remain valid, in accordance with the conditions under which they were originally issued. By 12 March 2027, Member States shall ensure that certified natural persons are required to participate in refreshment training refresher courses or complete an evaluation process referred to in paragraph 3, at least every 7 years. Member States shall ensure that natural persons who hold a certificate or training attestation under Regulation (EU) No 517/2014 shall participate in such refreshment training refresher courses or complete such evaluation processes for the first time no later than 12 March 2029. 10. Within 1 year following the entry into force of the implementing act under paragraph 8, Member States shall notify the Commission of their certification and training programmes. Member States shall recognise certificates and training attestations issued in another Member State in accordance with this Article. They shall not restrict the freedom to provide services or the freedom of establishment because a certificate was issued in another Member State. 11. The Commission may, by means of implementing acts, determine the format of the notification referred to in paragraph 10. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 34(2). 12. An undertaking shall only assign an activity referred to in paragraph 1 or 2 to another undertaking after verification that the latter holds the necessary certificates for the required activities referred to in paragraph 1 or 2, respectively. 13. Where the obligations under this Article relating to the provision of certification and training would impose disproportionate burdens on a Member State because of the small size of its population and the consequent lack of demand for such certification and training, compliance may be achieved through the recognition of certificates issued in other Member States. Member States which apply the first subparagraph shall inform the Commission. The Commission shall thereafter inform the other Member States. 14. This Article shall not prevent Member States from setting up further certification and training programmes in respect of equipment and activities other than those referred to in paragraph 1.

32024R0573 → 02024R0573-20240220

Article 12 Labelling and product and equipment information 1. The following products Products and equipment that contain fluorinated greenhouse gases or whose functioning relies upon those gases shall only be placed on the market, subsequently supplied or made available to any other person, only if they are labelled as: labelled. This applies to: (a) refrigeration equipment; (b) air-conditioning equipment; (c) heat pumps; (d) fire protection equipment; (e) electrical switchgear; (f) aerosol dispenser that contain fluorinated greenhouse gases, including metered dose inhalers; (g) all fluorinated greenhouse gas containers; (h) fluorinated greenhouse gas-based solvents; or (i) organic Rankine cycles. 2. Products or equipment that … 1,039 unchanged words … in Article 34(2). 18. The Commission is empowered to adopt delegated acts in accordance with Article 32 to amend the labelling requirements set out in paragraphs 4 to 15 of this Article where appropriate in view of commercial or technological development.

32024R0573 → 02024R0573-20240220

Article 13 Control of use 1. The use of SF6 in magnesium die-casting and in the recycling of magnesium die-casting alloys shall be prohibited. 2. The use of SF6 to fill vehicle tyres shall be prohibited. 3. The use of fluorinated greenhouse gases, with … 712 unchanged words … recycled fluorinated greenhouse gas, the Commission may, exceptionally, by means of implementing acts, authorise an exemption from the prohibitions set out in paragraph 4 or 5, for up to 4 years, to the extent needed to address the shortage identified. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 34(2). 7. From 1 January 2035, the use of SF6 for the maintenance or servicing of electrical switchgear equipment shall be prohibited unless it is reclaimed or recycled, except if it is proved that reclaimed or recycled SF6: (a) cannot be used on technical grounds; or (b) are not available in the event of an emergency repair situation. In such cases, the user shall provide evidence, upon request, setting out the justification for use to the competent authority of the Member State concerned or to the Commission. This paragraph shall not apply to military equipment. 8. The use of desflurane as an inhalation anaesthetic shall be prohibited from 1 January 2026, except where such use is strictly required and no other anaesthetic can be used on medical grounds. The healthcare institution shall keep evidence of the medical justification, and provide it, upon request, to the competent authority of the Member State concerned or to the Commission. 9. The putting into operation of the following electrical switchgear using, or whose functioning relies upon, fluorinated greenhouse gases in insulating or breaking medium shall be prohibited as follows: (a) from 1 January 2026, medium voltage electrical switchgear for primary and secondary distribution up to and including 24 kV; (b) from 1 January 2030, medium voltage electrical switchgear for primary and secondary distribution from more than 24 kV up to and including 52 kV; (c) from 1 January 2028, high voltage electrical switchgear from more than 52 kV up to and including 145 kV and up to and including 50 kA short circuit current, with a global warming potential of 1 or more; (d) from 1 January 2032, high voltage electrical switchgear of more than 145 kV or more than 50 kA short circuit current, with a global warming potential of 1 or more. 10. The taking out of operation of an electrical switchgear which is operating within the Union and the subsequent putting into operation of that electrical switchgear at a different site in the Union shall not be considered as putting into operation for the purposes of this Article. 11. By way of derogation from paragraph 9, the putting into operation of electrical switchgear using or whose functioning relies upon fluorinated greenhouse gases as insulating or breaking medium with a global warming potential lower than 1000 is allowed if, following a procurement procedure that considers the technical specificities of the equipment required for the specific use concerned one of the following situations applies: (a) during … 533 unchanged words … 17(c) and 19(b) of Annex IV after the respective prohibition date specified in those points shall be prohibited unless the operator can provide evidence that: (a) the relevant safety requirements at the particular location do not permit the installation of equipment or utilisation of products using fluorinated greenhouse gases below the global warming potential value specified in the respective prohibitions; or (b) the equipment or product was placed on the market before the relevant prohibition date set out in Annex IV. 20. The operator shall keep documentation establishing the evidence referred to in paragraph 19 for at least 5 years and shall make it available, upon request, to the competent authority of the Member State concerned or to the Commission.

32024R0573 → 02024R0573-20240220

Article 22 Imports and exports 1. The import and export of fluorinated greenhouse gases, and products and equipment containing those gases or whose functioning relies upon those fluorinated greenhouse gases shall be subject to the presentation of a valid licence to customs authorities issued by the Commission pursuant to Article 20(4) and (5), except in the case of temporary storage. This paragraph does not apply to products and equipment that are personal effects. 2. Fluorinated greenhouse gases imported into the Union shall be considered as virgin gases. 3. From 12 March 2025 the export of foams, technical aerosols, stationary refrigeration and stationary air-conditioning equipment and stationary heat pumps as referred to in Annex IV that contain, or whose functioning relies upon, fluorinated greenhouse gases with a GWP of 1000 or more shall be prohibited. The prohibition set out in the first subparagraph shall not apply to military equipment or to products and equipment that can be placed on the market in the Union in accordance with Annex IV. 4. By way of derogation from paragraph 3, the Commission may, by means of implementing acts, for cases of an exceptional nature, following a substantiated request by the competent authority of the Member State concerned, and taking into account the objectives of this Regulation, authorise the export of the products and equipment referred to paragraph 3, where it is demonstrated that in view of the economic value and the expected remaining lifetime of the specific good, the prohibition of export would impose a disproportionate burden on the exporter. Such exports shall only be allowed if they are in accordance with the national law of the country of destination. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 34(2). 5. Undertakings with an establishment within the Union shall take all necessary measures to ensure that the export of refrigeration and air-conditioning equipment and of heat pumps, does not violate import restrictions that the importing state has notified under the Protocol.

32024R0573 → 02024R0573-20240220

Article 23 Trade controls 1. Customs authorities and market surveillance authorities shall enforce the prohibitions and other restrictions set out in this Regulation with regard to imports and exports. 2. For the purposes of release for free circulation, the undertaking holding quota or authorisations to use quota as required under this Regulation, and registered in the F-gas Portal pursuant to Article 20 shall be the importer indicated in the customs declaration. For the purpose of imports other than release for free circulation, the undertaking registered in the F-gas Portal pursuant to Article 20 shall be the declarant indicated in the customs declaration who is the holder of the authorisation for a special procedure other than transit, unless there is a transfer of rights and obligations pursuant to Article 218 of Regulation (EU) No 952/2013 to allow another person to be the declarant. In the case of transit procedure, the undertaking holding quota or authorisations registered in the F-gas Portal pursuant to use quota as required under this Regulation Article 20 shall be the holder of the procedure. For the purposes of exports, the undertaking registered in the F-gas Portal pursuant to Article 20 shall be the exporter indicated in the customs declaration. 3. In cases of imports of fluorinated greenhouse gases, and … 929 unchanged words … based on risk analysis. Only the designated or approved customs offices or other places referred to in the first subparagraph shall be authorised to open or end a transit procedure of the gases and products or equipment covered by this Regulation.

32024R0573 → 02024R0573-20240220

Article 32 Exercise of the delegation 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Article 8(12), Article 12(18), Article 16(3), Article 17(6), Article 17(7), second subparagraph, Article 24(1), Article 25(2), Article 35(1) and Article 35(2) shall be conferred on the Commission for an indeterminate period of time from 11 March 2024. 3. The delegation of power referred to in Article 8(12), Article 12(18), Article 16 (3), Article 17(6), Article 17(7), second subparagraph, Article 24(1), Article 25(2), Article 35(1) and Article 35(2) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. 5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 6. A delegated act adopted pursuant to Article 8(12), Article 12(18), Article 16(3), Article 17(6), Article 17(7), second subparagraph, Article 24(1), Article 25(2), Article 35(1) and Article 35(2) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

32024R0573 → 02024R0573-20240220

ANNEX IV Placing on the market prohibitions referred to in Article 11(1) For the purpose of this Regulation, fixed double duct heat pump and air-conditioning equipment shall be considered split (category number 9) and be subject to the same requirements. Products and equipment … 395 unchanged words … January 2027 (c) fluorinated greenhouse gases for chillers up to and including a rated capacity of 12 kW, except if required to meet safety requirements at the site of operation; 1 January 2032 (d) fluorinated greenhouse gases with a GWP of 750 or more for chillers above a rated capacity of 12 kW, except if required to meet safety requirements at the site of operation. 1 January 2027 STATIONARY AIR-CONDITIONING EQUIPMENT AND STATIONARY HEAT PUMPS (8) Self-contained air-conditioning equipment and heat pumps, except chillers, that: (a) plug-in room air-conditioning equipment which is moveable … 889 unchanged words … applies to non-refillable containers, namely: (a) containers which cannot be refilled without being adapted for that purpose; and (b) containers which could be refilled but are imported or placed on the market without provision having been made for their return for refilling.