Prevention of emissions
1. The intentional release of fluorinated greenhouse gases into the atmosphere shall 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 shall 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.
2. In the case of fumigation with sulfuryl fluoride, operators shall document the use of capturing and collection measures or specify the reasons for which capturing and collection measures were not technically or economically feasible. Operators shall keep the supporting evidence for 5 years and make it available, upon request, to the competent authority of the Member State concerned or to the Commission.
3. Operators and manufacturers of equipment that contains fluorinated greenhouse gases or operators of facilities where fluorinated greenhouse gases are used, as well as undertakings in possession of such equipment during its transport or storage, shall take all necessary precautions to prevent the unintentional release of such gases. They shall take all measures that are technically and economically feasible to minimise leakage of the gases.
4. During the production, storage, transport and transfer of fluorinated greenhouse gases from one container or system to another, to equipment or to a facility, the undertaking concerned shall take all necessary precautions to limit release of fluorinated greenhouse gases to the greatest extent possible. This paragraph shall also apply where fluorinated greenhouse gases are produced as by-products.
5. Where a leakage of fluorinated greenhouse gases is detected, the operators and manufacturers of equipment and the operators of facilities where fluorinated greenhouse gases are used, and the undertakings in possession of such equipment during its transport or storage, shall ensure that the equipment or facility where fluorinated greenhouse gases are used is repaired without undue delay.
Where the equipment is subject to leak checks under Article 5(1) 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 in accordance with Article 10 at the earliest after an operating time of 24 hours has elapsed but not later than 1 month after the repair to verify that the repair has been effective. For mobile equipment listed in Article 5(3), points (a), (b) and (c), a leak check may be carried out directly after a repair.
6. Without prejudice to Article 11(1), first subparagraph, the placing on the market of fluorinated greenhouse gases shall be prohibited, unless producers or importers provide evidence to the competent authority of a Member State at the time of such placing on the market, that any trifluoromethane, produced as a by-product during the production process of the fluorinated greenhouse gases, including during the production of feedstock for the production of those gases, has been destroyed or recovered for subsequent use, using best available techniques.
For the purpose of providing that evidence, producers and importers shall draw up a declaration of conformity, accompanied by supporting documentation:
(a)
establishing the origin of the fluorinated greenhouse gases to be placed on the market;
(b)
identifying the production facility of origin of the fluorinated greenhouse gases to be placed on the market, including an identification of those facilities of origin of any precursor substances that involve the generation of chlorodifluoromethane (R-22) as part of the production process to produce the fluorinated greenhouse gases to be placed on the market;
(c)
proving the availability and operation of the abatement technology at the facilities of origin equivalent to UNFCCC-approved baseline methodology AM0001 for incineration of trifluoromethane waste streams or proving the capture and destruction methodology that ensured that emissions of trifluoromethane are destroyed in accordance with the requirements under the Protocol;
(d)
on any additional information facilitating the tracking of the fluorinated greenhouse gas prior to import.
Producers and importers shall keep the declaration of conformity and supporting documentation for a period of at least 5 years from the placing on the market and make them available, upon request, to the competent authority of the Member State concerned or to the Commission.
The Commission may, by means of implementing acts, determine the detailed arrangements relating to the declaration of conformity and supporting documentation referred to in the second subparagraph. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 34(2).
7. Natural persons carrying out the activities referred to in Article 10(1), first subparagraph, points (a), (b) and (c), shall be certified in accordance with Article 10 and shall take precautionary measures to prevent leakage of fluorinated greenhouse gases listed in Annexes I and II and, when fluorinated greenhouse gases are used in electrical switchgear, also in Annex III.
Legal persons carrying out the installation, maintenance or servicing, repair or decommissioning of the equipment listed in Article 5(2), points (a) to (e), and Article 5(3), points (a) and (b), shall be certified in accordance with Article 10 and shall take precautionary measures to prevent leakage of fluorinated greenhouse gases listed in Annex I and Section 1 of Annex II.
Natural persons carrying out the maintenance or servicing and repair of air-conditioning equipment containing fluorinated greenhouse gases in motor vehicles falling within the scope of Directive 2006/40/EC of the European Parliament and of the Council ( 25 ) and of mobile equipment listed in Article 5(3), point (c), of this Regulation shall hold at least a training attestation in accordance with Article 10(1), second subparagraph, of this Regulation.
Leak checks
1. Operators and manufacturers of equipment that contains 5 tonnes of CO 2 equivalent or more of fluorinated greenhouse gases listed in Annex I or 1 kilogram or more of fluorinated greenhouse gases listed in Section 1 of Annex II that is not contained in foams, shall ensure that the equipment is checked for leaks.
Hermetically sealed equipment shall not be checked for leaks provided that it is labelled as hermetically sealed equipment and that it complies with one of the following conditions:
(a)
it contains less than 10 tonnes of CO 2 equivalent of fluorinated greenhouse gases listed in Annex I; or
(b)
it contains less than 2 kilograms of fluorinated greenhouse gases listed in Section 1 of Annex II.
By way of derogation from the second subparagraph, where hermetically sealed equipment is installed in residential buildings, it shall 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.
Electrical switchgear shall not be checked for leaks provided that it complies with one of the following conditions:
(a)
it has a tested leakage rate of less than 0,1 % per year as set out in the technical specification of the manufacturer and is labelled accordingly;
(b)
it is equipped with a pressure or density monitoring device with an automatic alert system while in operation;
(c)
it contains less than 6 kilograms of fluorinated greenhouse gases listed in Annex I.
2. Paragraph 1 shall apply to operators and manufacturers of the following stationary equipment that contains fluorinated greenhouse gases listed in Annex I or in Section 1 of Annex II:
(a)
refrigeration equipment;
(b)
air-conditioning equipment;
(c)
heat pumps;
(d)
fire protection equipment;
(e)
organic Rankine cycles;
(f)
electrical switchgear.
3. Paragraph 1 shall apply to operators and manufacturers of the following mobile equipment that contains fluorinated greenhouse gases listed in Annex I or in Section 1 of Annex II:
(a)
refrigeration units of refrigerated trucks and refrigerated trailers;
(b)
refrigeration units of refrigerated light-duty vehicles, intermodal containers, including reefers, and train wagons;
(c)
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.
As regards the equipment referred to in paragraph 2, points (a) to (e), and points (a) and (b) of this paragraph, the checks shall be carried out by natural persons certified in accordance with Article 10.
4. As regards the mobile equipment referred to in paragraph 3, point (c), the checks shall be carried out by natural persons holding at least a training attestation in accordance with Article 10(1), second subparagraph.
5. Paragraphs 1 and 6 shall not apply to operators of mobile equipment under paragraph 3, points (b) and (c), until 12 March 2027.
6. The leak checks referred to in paragraph 1 shall be carried out with the following frequency:
(a)
for equipment that contains less than 50 tonnes of CO 2 equivalent of fluorinated greenhouse gases listed in Annex I or less than 10 kilograms of fluorinated greenhouse gases listed in Section 1 of Annex II: at least every 12 months; or where a leakage detection system is installed in such equipment, at least every 24 months;
(b)
for equipment that contains 50 tonnes of CO 2 equivalent or more, but less than 500 tonnes of CO 2 equivalent of fluorinated greenhouse gases listed in Annex I or 10 kilograms or more, but less than 100 kilograms of fluorinated greenhouse gases listed in Section 1 of Annex II: at least every 6 months or, where a leakage detection system is installed in such equipment, at least every 12 months;
(c)
for equipment that contains 500 tonnes of CO 2 equivalent or more of fluorinated greenhouse gases listed in Annex I or 100 kilograms or more of fluorinated greenhouse gases listed in Section 1 of Annex II: at least every 3 months or, where a leakage detection system is installed in such equipment, at least every 6 months.
7. The obligations set out in paragraph 1 for fire protection equipment as referred to in paragraph 2, point (d), shall be deemed to be fulfilled provided that the following conditions are met:
(a)
the existing inspection regime meets ISO 14520 or EN 15004 standards; and
(b)
the fire protection equipment is inspected as often as is required under paragraph 6.
The obligations set out in paragraph 1, for mobile air-conditioning equipment and heat pumps, as referred to in paragraph 3, point (c), shall be deemed to be fulfilled provided that the mobile air-conditioning equipment and the heat pumps are subject to a regular inspection regime that includes leak checks.
8. The Commission may, by means of implementing acts, specify requirements for the leak checks to be carried out in accordance with paragraph 1 for each type of equipment referred to in paragraphs 2 and 3 and identify those parts of the equipment most likely to leak. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 34(2).
Leakage detection systems
1. Operators of stationary equipment listed in Article 5(2), points (a) to (d), that contains fluorinated greenhouse gases listed in Annex I in quantities of 500 tonnes of CO 2 equivalent or more or 100 kilograms or more of gases listed in Section 1 of Annex II, shall ensure that the equipment has a leakage detection system which alerts the operator or a service company of any leakage.
2. Operators of stationary equipment listed in Article 5(2), points (e) and (f), that contains fluorinated greenhouse gases listed in Annex I in quantities of 500 tonnes of CO 2 equivalent or more and installed from 1 January 2017, shall ensure that the equipment has a leakage detection system which alerts the operator or a service company of any leakage.
3. Operators of stationary equipment listed in Article 5(2), points (a) to (e), that is subject to paragraphs 1 or 2 of this Article shall ensure that leakage detection systems are checked at least once every 12 months to ensure their proper functioning.
4. Operators of stationary equipment listed in Article 5(2), point (f), that is subject to paragraph 2 of this Article shall ensure that leakage detection systems are checked at least once every 6 years to ensure their proper functioning.
Record-keeping
1. Operators of equipment which is required to be checked for leaks pursuant to Article 5(1) shall establish and keep records for each piece of such equipment, specifying the following information:
(a)
the quantity and type of gases contained in the equipment, indicating separately, if applicable, the quantity added during installation;
(b)
the quantities of gases added during maintenance or servicing or due to leakage, including the date of such addition;
(c)
the quantity of gases recovered;
(d)
where gases have been added, the quantity and type of those gases and whether they have been recycled or reclaimed, and the name and address in the Union of the recycling or reclamation facility and, where applicable, the certificate number;
(e)
the identity of the undertaking which installed, serviced, maintained and, where applicable, recovered, repaired, checked for leaks or decommissioned the equipment, including, where applicable, the number of its certificate and where the undertaking responsible for carrying out those operations is a legal person, both the identifying details of the undertaking and of the natural person performing the operations;
(f)
the dates and results of the checks carried out under Article 5(1), as well as the dates and results of any leak repairs;
(g)
if the equipment was decommissioned, the measures taken to recover and dispose of the gases.
2. Unless the records referred to in paragraph 1 are stored in a database set up by the competent authorities of the Member States, the following rules apply:
(a)
the operators referred to in paragraph 1 shall keep the records referred to in that paragraph for at least 5 years;
(b)
undertakings carrying out the activities referred to in paragraph 1, point (e), for operators shall keep copies of the records referred to in paragraph 1 for at least 5 years.
The records referred to in paragraph 1 shall be made available, upon request, to the competent authority of the Member State concerned or to the Commission.
3. For the purposes of Article 11(6), undertakings supplying fluorinated greenhouse gases listed in Annex I or in Section 1 of Annex II, shall establish records of relevant information on the purchasers of those fluorinated greenhouse gases that includes the following details:
(a)
the certificate number of each purchaser;
(b)
the respective quantities of the gases purchased.
The undertakings supplying the gases shall keep the records for at least 5 years and make those records available, upon request, to the competent authority of the Member State concerned or to the Commission.
4. For the purpose of Article 11(7), the undertakings which sell non-hermetically sealed equipment charged with fluorinated greenhouse gases listed in Annex I and in Section 1 of Annex II shall keep records of the equipment sold and of the certified undertakings that will carry out the installation. The undertakings selling the equipment referred to in Article 11(7) shall keep the records for a period of at least 5 years and shall make those records available, upon request, to the competent authority of the Member State concerned.
5. Undertakings that produce, including as by-product, place on the market, supply or receive substances listed in Section 1 of Annex I intended for exempted uses referred to in Article 16(2), shall keep records containing at least the following information, as applicable:
(a)
name of the substance or mixture containing such substance;
(b)
quantity produced, imported, exported, reclaimed or destroyed during the given calendar year;
(c)
quantity supplied and received during the given calendar year, per individual supplier or receiver;
(d)
names and contact details of the suppliers or receivers;
(e)
quantity used, during the given calendar year and specifying the actual use; and
(f)
quantity stored on 1 January and 31 December of the given calendar year.
The undertakings shall keep the records referred to in the first subparagraph for at least 5 years after production, placing on the market, supply or receipt, and shall make them available, upon request, to the competent authorities of the Member State concerned or to the Commission. Those competent authorities and the Commission shall ensure the confidentiality of information contained in those records.
6. The Commission may, by means of an implementing act, determine the format of the records referred to in paragraphs 1, 3, 4 and 5 and specify how they should be established and kept. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 34(2).
Recovery and destruction
1. Operators of equipment that contain fluorinated greenhouse gases, not contained in foams, shall ensure that those substances are recovered and, after the decommissioning of the equipment, they are recycled, reclaimed or destroyed.
The recovery of those substances shall be carried out by natural persons who hold the relevant certificates provided for in Article 10.
2. The obligation laid down in paragraph 1 shall apply to operators of any of the following stationary equipment:
(a)
the cooling circuits of refrigeration, air-conditioning equipment and heat pumps;
(b)
equipment that contains fluorinated greenhouse gas-based solvents;
(c)
fire protection equipment;
(d)
electrical switchgear.
3. The obligation laid down in paragraph 1 shall apply to operators of any of the following mobile equipment:
(a)
the cooling circuits of refrigeration units of refrigerated trucks and refrigerated trailers;
(b)
the cooling circuits of refrigeration units of refrigerated light-duty vehicles and intermodal containers, including reefers, and train wagons;
(c)
the cooling circuits of 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.
4. For the recovery of fluorinated greenhouse gases from air-conditioning equipment in motor vehicles which fall within the scope of Directive 2006/40/EC and from mobile equipment referred to in paragraph (3), points (b) and (c), 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.
5. The obligation laid down in paragraph 1 shall apply to operators of the mobile equipment under paragraph 3, points (b) and (c), from 12 March 2027.
6. Any recovered fluorinated greenhouse gases listed in Annex I and in Section 1 of Annex II shall not be used for filling or refilling equipment unless the gas has been recycled or reclaimed.
7. An undertaking that uses a container with fluorinated greenhouse gases listed in Annex I and in Section 1 of Annex II shall, immediately prior to its disposal, arrange for the recovery of any residual gases to make sure they are recycled, reclaimed or destroyed.
8. From 1 January 2025, building owners and contractors shall ensure that, during renovation, refurbishing or demolition activities implying the removal of foam panels that contain foams with fluorinated greenhouse gases listed in Annex I and in Section 1 of Annex II, emissions are avoided to the extent possible by handling the foams or the gases contained therein in a way that ensures the destruction of those gases. In the case of recovery of those gases, the recovery shall be carried out only by appropriately qualified natural persons.
9. From 1 January 2025, building owners and contractors shall ensure that, during renovation, refurbishing or demolition activities implying the removal of foams in laminated boards installed in cavities or built-up structures that contain fluorinated greenhouse gases listed in Annex I and in Section 1 of Annex II, emissions are avoided to the extent possible by handling the foams or the gases contained therein in a way that ensures the destruction of those gases. In the case of recovery of those gases, the recovery shall be carried out only by appropriately qualified natural persons.
Where removal of the foams referred to in the first subparagraph is not technically feasible, the building owner or contractor shall draw up documentation providing evidence on the infeasibility of the removal in the specific case. Such documentation shall be kept for 5 years and shall be made available, upon request, to the competent authority of the Member State concerned or to the Commission.
10. Operators of products and equipment not listed in paragraph 2, 3, 8 or 9 that contain fluorinated greenhouse gases listed in Annex I and in Section 1 of Annex II shall arrange for the recovery of the gases, unless it can be established that it is not technically feasible or entails disproportionate costs. The operators shall ensure that the recovery is carried out by appropriately qualified natural persons, so that the gases are recycled, reclaimed or destroyed or shall arrange for their destruction without prior recovery.
The recovery of fluorinated greenhouse gases listed in Annex I and in Section 1 of Annex II from air-conditioning equipment in road vehicles outside the scope of Directive 2006/40/EC shall be carried out only by natural persons holding at least a training attestation in accordance with Article 10(1), second subparagraph, of this Regulation.
11. Fluorinated greenhouse gases listed in Section 1 of Annex I, and products and equipment containing such gases, shall be destroyed only by destruction technology that has been approved by the Parties to the Protocol.
Other fluorinated greenhouse gases for which the destruction technology has not been approved shall be destroyed only by destruction technology that complies with Union and national law on waste and where additional requirements under such law are met.
12. The Commission is empowered to adopt delegated acts in accordance with Article 32 to supplement this Regulation by establishing a list of products and equipment for which the recovery of fluorinated greenhouse gases listed in Annex I and in Section 1 of Annex II or destruction of products and equipment containing such gases without prior recovery of those gases shall be considered technically and economically feasible, specifying, if appropriate, the technology to be applied.
13. Member States shall promote the recovery, recycling, reclamation and destruction of fluorinated greenhouse gases listed in Annexes I and II.
Extended producer responsibility schemes
Without prejudice to existing extended producer responsibility schemes, Member States shall ensure that by 31 December 2027, the financing obligations for waste electrical and electronic equipment referred to in Articles 12 and 13 of Directive 2012/19/EU include the financing of the recovery, and the recycling, reclamation or destruction, of fluorinated greenhouse gases listed in Annexes I and II to this Regulation from the products and equipment, containing those gases, which are electrical and electronic equipment within the meaning of Directive 2012/19/EU and that have been placed on the market from 11 March 2024.
Member States shall inform the Commission about the actions undertaken.
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), 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) and Article 8(3), 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 of fluorinated greenhouse gases from such equipment;
(b)
recovering fluorinated greenhouse gases from equipment listed in Article 8(3), points (b) and (c), and in Article 8(10), second subparagraph;
(c)
maintenance or servicing, repair and leak checks of equipment listed in Article 5(3), point (c).
2. Legal persons shall be certified within the meaning of Article 4(7), covering the fluorinated greenhouse gases specified therein, to carry out the installation, maintenance or servicing, repair or decommissioning of the equipment listed in Article 5(2), points (a) to (e), and in Article 5(3), points (a) and (b), involving fluorinated greenhouse gases or relevant alternatives to fluorinated greenhouse gases, including natural refrigerants, where relevant.
3. Within 1 year following the entry into force of the implementing act referred to in paragraph 8, Member States shall establish or adapt certification programmes, including evaluation processes, and ensure that training on practical skills and theoretical knowledge is available for natural persons carrying out the activities referred to in paragraph 1. Member States shall also ensure that training programmes for obtaining training attestations in accordance with paragraph 1, second subparagraph, are available.
4. Within 1 year following the entry into force of the implementing act referred to in paragraph 8, Member States shall establish or adapt certification programmes for legal persons referred to in paragraph 2.
5. The certification programmes and training on practical skills and theoretical knowledge provided for in paragraph 3 shall cover the following:
(a)
applicable regulations and technical standards;
(b)
emission prevention;
(c)
recovery of fluorinated greenhouse gases listed in Annex I and in Section 1 of Annex II;
(d)
safe handling of equipment of the type and size covered by the certificate;
(e)
safe handling of equipment containing flammable or toxic gases or operating under high-pressure or involving other relevant risks;
(f)
the measures for improving or maintaining the energy efficiency of equipment during installation, or maintenance or servicing.
6. The certification programmes and training on practical skills and theoretical knowledge provided for in paragraph 3 that concern aircraft shall be reflected in the process of updating the certification specifications and other detailed specifications, acceptable means of compliance and guidance material issued by the European Aviation Safety Agency pursuant to Article 76(3) and Article 115 of Regulation (EU) 2018/1139.
7. Certificates under the certification programmes referred to in paragraph 3 shall be subject to the condition that the applicant has successfully completed an evaluation process as referred to in that paragraph.
8. By 12 March 2026, the Commission shall, by means of implementing acts, establish the minimum requirements for certification programmes and training attestations referred to in paragraphs 3 and 4 for the activities referred to in paragraph 1. Those minimum requirements shall specify, for each type of equipment referred to in paragraph 1, the required practical skills and theoretical knowledge, differentiating, where appropriate, between different activities to be covered, the arrangements of the certification or attestation as well as the conditions for mutual recognition of certificates and training attestations. The Commission shall, by means of implementing acts, adapt, where necessary, such minimum requirements. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 34(2).
9. Existing certificates and training 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 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 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.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
