Enterprise Directorate-General Action at EU level The forthcoming Regulation on certain Fluorinated greenhouse gases EPEE/EFCTC Workshop on Fluorinated Gases Athens, 29 September 2003 Giancarlo Granero Chemicals Unit Enterprise Directorate-General European Commission

Outline Some history The proposal: purpose and scope Provisions: –Monitoring –Containment and recovery –Marketing and use restrictions –MAC –Other provisions Future steps

Some history UNFCCC 1992 Kyoto Protocol 1997 ECCP June 2000 –F-gases working group –Report June 2001: F-gases increasing to 4% of overall CO 2 emissions by 2010 –Recommendations (also legislative framework) –Welcomed by Council and Parliament Drafting of the Proposal –Extended mandate for the working group Approval by the Commission on

Purpose of the Proposal Make a significant contribution towards Kyoto Protocol target, cost-effectively Focus on Internal market functioning, therefore art 95 of the Treaty Monitoring Containment Marketing and use restrictions

Scope of the Proposed Regulation Certain fluorinated gases: –hydrofluorocarbons, perfluorocarbons and sulphur hexafluoride –Listed in Annex A to the Kyoto Protocol + indicative list given in Annex I of the Regulation Certain uses

Monitoring provisions Inspections for leakage: Leakage detection systems if > 300 kg Records to be maintained if > 3 kg

Reporting provisions Producers, importers and exporters (more than 1 t/y) Data on quantities produced, imported and exported and expected emissions 31 March each year from the second year after entry into force

Containment and recovery provisions Duty of care: –All measures technically and economically feasible Fluorinated gases to be recovered for recycling, reclamation or destruction: –refrigeration, air-conditioning and heat pump equipment –equipment containing solvents –fire protection systems and fire extinguishers –high voltage switch gear –refillable containers –other products and equipment, where technically feasible and cost- effective

Marketing and use restrictions SF 6 in Magnesium die-casting –Above 500 kg/y, from 01/01/2007 SF 6 for filling vehicle tyres –From entry into force F-gases with GWP>150 in mobile air conditioners –Phase-out (see below) USE

Marketing and use restrictions Non-refillable containers (SF 6, HFC, PFC) –One year after entry into force Refrigerants in non-confined direct- evaporation systems (HFC, PFC) –At entry into force Fire protection systems and fire extinguishers (PFC) –At entry into force Placing on the market

Marketing and use restrictions Windows (SF 6, HFC, PFC) –2 years after entry into force Footwear (SF 6 ) –At entry into force Windows (SF 6, HFC, PFC) –2 years after entry into force One component foams –2 years after entry into force except when required to meet national safety standards Placing on the market

Marketing and use restrictions Novelty aerosols (HFC) –3 years after entry into force Footwear (HFC, PFC) –1 July 2006 Placing on the market

Mobile air conditioning (MAC) F-gases with GWP>150 (e.g. HFC-134a) From 2005: Maximum leakage rate 40 g/y : phase-out with a quota system: –Quotas calculated as % of year n-2 –Quotas transferable without restrictions –Incentives for early movers (alternative refrigerants or enhanced HFC-134a) –Provisions for new entrants and small producers

Other provisions Review –Report 5 years after entry into force: impact, cost- effectiveness, technology developments etc –Review by end 2005, based on potential progress in AC for other modes of transport Committee Training and certification programs Sanctions: to be decided by Member States. 200/car exceeding quota applies for MAC

Future steps The codecision procedure –Council and EP on equal footing –Two readings, plus conciliation if necessary Tentative calendar –Discussions have begun in the Council –Final adoption unlikely before end 2004 –Depends on discussions in Council and Parliament, and on the need for a conciliation meeting The Commissions role from now on –Defend the Proposal, facilitate agreement between institutions.

Useful links Text of the Proposal: europa.eu.int/eur-lex/en/com/pdf/2003/com2003_0492en01.pdf Related studies and documents: europa.eu.int/comm/environment/climat/eccp.htm#fluorinatedgases europa.eu.int/comm/enterprise/chemicals/sustdev/index.htm