F-GAS REGULATION

General legislative framework

On 5 April 2022 the Commission presented to the Parliament and Council the proposal on fluorinated greenhouse gases, amending Directive (EU) 2019/1937 and repealing Regulation (EU) No 517/2014. The proposal aims to ensure better enforcement through clarification and strengthening of existing rules.

On 30 March 2023, MEPs adopted their position with 426 votes in favour, 109 against and 52 abstentions. Among other changes to the Commission's proposal, the adopted position strengthens the requirements to place on the market products containing F-gases. It would prohibit the use of F-gases in sectors where alternatives exist that are both technologically and economically feasible, including in the heat pump sector.

The Council adopted its position on 5 April 2023. The position, amongst other changes, amends the proposal's phase down schedule, lowers the HFCs quota allocation prices from €3 to €2, agrees to postpone several bans in comparison to the Commission's proposal, mainly for heat pump, and takes a less prescriptive approach on the provisions on penalties.

On 5 October 2023 the Council and the European Parliament reached a provisional agreement on the file, which sets 2050 as the year when the consumption of HFCs would be completely phased out, and 2036 as the year by when the production of HFCs (in relation to production rights allocated by the Commission) would be phased down to a minimum (15%).

New F-Gas Regulation Proposal

  • Overall Goals:

    • Align EU legislation with the Montreal Protocol.
    • Contribute to the EU's target of 55% net GHG emissions reduction by 2030 and carbon neutrality by 2050.

  • Emission Reduction Targets:

    • Aims to reduce F-gas emissions by approximately 40 Mt CO2e by 2030 and 310 Mt CO2e by 2050.
    • Seeks to achieve additional reductions on top of those resulting from the current regulation.

  • Impact on Illegal Activities:

    • Anticipates a significant impact on reducing illegal activities related to F-gases through changes to the existing quota system.

  • Monitoring and Reporting:

    • Enhances monitoring and reporting requirements for F-gases.

  • Scope of Regulation:

    • Addresses containment, use, recovery, and destruction of F-gases listed in Annexes I to III.
    • Applies to equipment or products containing F-gases or requiring them to operate.

  • Leak Checks:

    • Introduces stricter controls for specific F-gases, making leak checks mandatory with few exceptions.

  • Use of Recovered F-Gases:

    • Bans the use of recovered F-gases for equipment filling unless the gas has been recycled or reclaimed.

  • Building Renovations:

    • Mandates avoidance of F-gas emissions from specific sources in building renovations from January 1, 2024.

  • Technological Requirements:

    • Permits only the use of technologies approved under the Montreal Protocol or environmentally equivalent technologies for the destruction of F-gases and equipment containing such gases.

  • Certification and Training:

    • Introduces an energy efficiency dimension to certification programs and training.
    • Promotes training on F-gas alternatives as a specific objective.

  • Market Restrictions:

    • Adds new entries to the list of banned products/equipment.
    • Prohibits the use, supply, or export of non-refillable containers of F-gases.

  • Production Rights and Quotas:

    • Allocates production rights to HFC producers gradually reducing quotas based on the annual average production levels between 2011 and 2013.
    • Specifies allocation percentages from 2024 to 2036 in alignment with the Kigali Amendment phase-down requirements.

  • Threshold Changes:

    • Eliminates the 100 t CO2e per year threshold for placing HFCs on the market.
    • Removes the exemption for metered dose inhalers for pharmaceutical use under the Montreal Protocol.

  • Market Control:

    • Prohibits unlawfully placed products/equipment from being used, supplied, or made available within the Union or exported

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