New obligations from 4th July - 3/7/2007

 EC Regulation No842/2006 on certain fluorinated greenhouse gases

The principal objective of the EC Regulation is to prevent and thereby reduce emissions of F Gases covered by the Kyoto Protocol.

 

Obligations coming into force on 4 July will have direct effect on those affected without any further legislation by the Government.

 

Key requirements include leakage checking and repair by certified personnel (Article 3) and proper recovery by certified personnel (Article 4). Sectors affected include (article 3) stationary commercial and domestic refrigeration, air conditioning, heat pump and fire protection sectors as well as (Article 4) the recovery of F gases from these systems as well as from equipment containing fluorinated greenhouse gas based solvents and high voltage switchgear and mobile equipment (where this is technically feasible and does not entail disproportionate cost).

 

The containment and recovery articles in the F Gas Regulation (Articles 3 and 4) will have an impact on operators of relevant systems (typically a company) that will have a range of obligations including record keeping and ensuring certified personnel are used.

 

The Regulation will also have an impact on producers, importers and exporters of F gases if they produce, import or export more than 1 tonne of F gases per annum as there is a requirement in the Regulation to report to the Commission and member States’ competent authorities on the amounts produced, imported or exported. The first report has to be submitted to the Commission by 31 March 2008.

 

Specific uses of F gases and products that contain F gases are controlled or banned by the Regulation. These are set out in Articles 8 and 9 and cover certain uses of sulphur hexafluoride for magnesium die-casting, use of certain F gases in non-refillable containers, fire protection systems, tyres, one component foams, novelty aerosols, footwear and windows and self-chilling cans well as placing on the market prohibitions of specific products containing, or whose function relies upon, F gases.

 

Several stakeholder bodies are continuing to assist Defra/DTI with the work being led by the European Commission to develop minimum qualification requirements for relevant sectors that will apply from 4/7/08 subject to transitional arrangements (which may run through to 2011 for most sectors). Stakeholders are also providing assistance in relation to Commission proposals for labelling and reporting. The labelling requirement will not come into force until the label has been agreed and a date specified for its application to products placed on the market (currently likely to be about mid-2007).

 

The Government is continuing to work with stakeholders to ensure that the F Gas regulation is successfully implemented and its environmental objectives achieved. In this context, Defra is currently consulting on Regulations prescribing offences and penalties applicable to infringements of the EC Regulation. These are likely to come into force in November. The consultation can be accessed using the following link:

 

 

 

 

 

DEFRA July 2007