Two new European Regulations on fluorinated greenhouse gases (F-gas) and ozone depleting substances (ODS) will begin to come into force on 11 March and 3 March 2024. These are:
Both revoke and replace existing European Regulation on the same subjects.
This In Focus will explain why the new Regulations were needed and outline what changes these mean for:
Background
Fluorinated greenhouse gases (F-gases) such as hydrofluorocarbons (HFCs), perfluorocarbons (PFCs) and sulphur hexafluoride (SF6) are widely used in products including those for refrigeration, air conditioning, heat pumps, switchgears and even some medicines. These gases are of environmental concern because they have global warming potential (GWP) of, in some cases, many thousands times more than carbon dioxide (CO2), which of course has a big impact on climate change and global warming.
F-gas emissions account for around 2.5% of Europe's total greenhouse gas (GHG) emissions.
Ozone depleting substances (ODS) are also of concern in terms of global warming. ODS are man-made chemicals that damage and deplete the Earth's protective ozone layer, so generally the use of these chemicals is banned.
Both F-gases and ODS have been regulated in the EU and subject to international controls for a number of years.
Regulation (EU) 517/2014, on fluorinated greenhouse gases and Regulation (EC) 1005/2009, on substances that deplete the ozone layer regulated these substances across Europe (prior to the new Regulations) and implemented the EU's obligations under the International Montreal protocol of 1987 and the related Kigali amendment.
In 2021, the Intergovernmental Panel on Climate Change (IPCC) concluded in its Special Report that emission decreases for F-gases of up to 90% by 2050 globally compared to the year 2015 would be required.
The European Union increased its climate ambition through Regulation (EU) 2021/1119, establishing the framework for achieving climate neutrality (European Climate Law), which established a binding Union domestic reduction target for net greenhouse gas emissions of at least 55% by 2030 compared to 1990 levels and climate neutrality within the Union by 2050. They also enhanced its initial nationally determined contribution under the Paris Agreement of greenhouse gas emissions reductions from at least 40% by 2030, to at least 55%.
Despite these efforts the the evaluation of Regulation (EU)517/2014 showed that the emission savings predicted by 2030 in the context of the Union climate objectives will not be fully achieved. The Commission therefore proposed an update to the Regulation in April 2022, seeking to strengthen the Regulation on F-Gas and align them with:
At the same time the Commission also evaluated the effectiveness of Regulation (EC) 1005/2009, and while they found it to be working well, they believed there was a need to:
Both the proposed Regulations went through the EU's legal process and were formally adopted by the European Parliament on 16 January 2024, and then by the European Council on 29 January 2024.
The new F-Gas Regulation introduces stricter controls and bans on F-gas compared to its predecessor (Regulation (EU) 517/2014), and sets out a framework to completely eliminate the consumption of hydrofluorocarbons (HFCs) in the EU by 2050. This will be achieved through a series of phase out dates for the use of F-gases in equipment. Phasing out harmful F-gases is intended to lead to an uptake of alternative, more environmentally friendly gases in equipment, which is necessary for the EU achieving its promised climate goals.
Regulation (EU) 2024/573 uses a degressive quota allowance to:
The Regulation implements further bans on placing specified products and equipment containing HFCs on the market for several categories, where it is technologically and economically feasible to switch to F-gas alternatives. These are set out in the Full Text of Annex 4 to the Regulation, and include the following upcoming prohibitions:
| Products and equipment |
Date of prohibition |
|
Domestic refrigerators and freezers that contain F-gases, except if required to meet safety requirements at the site of operation |
1 January 2026 |
|
Refrigerators and freezers for commercial use (self-contained equipment) that contain other F-gases with a GWP of 150 or more |
1 January 2025 |
|
Any self-contained refrigeration equipment, except chillers, that contains F-gases with a GWP of 150 or more, except if required to meet safety requirements at the site of operation |
1 January 2025 |
|
Refrigeration equipment that contains, or whose functioning relies upon F-gases with a GWP of 2,500 or more, except equipment intended for application designed to cool products to temperatures below – 50 °C |
1 January 2025 |
|
Refrigeration equipment that contains, or whose functioning relies upon F-gases with a GWP of 150 or more, except if required to meet safety requirements at the site of operation |
1 January 2030 |
|
Chillers that contain, or whose functioning relies upon F-gases with a GWP of 150 GWP or more 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 2027 |
|
Chillers that contain, or whose functioning relies upon F-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 |
|
Chillers that contain, or whose functioning relies upon F-gases with a GWP of 750 for chillers above 12 kW, except if required to meet safety requirements at the site of operation |
1 January 2027 |
|
Self-contained air-conditioning equipment and heat pumps, except chillers, that plug-in room air-conditioning equipment, monoblock air-conditioning equipment, other self-contained air-conditioning equipment and self-contained heat pumps, with a maximum rated capacity of up to and including 12 kW that contain F-gases with a GWP of 150 or more, except if required to meet safety requirements. If safety requirements at the site of operation would not allow using F-gases with GWP of less than 150, the GWP limit is 750 |
1 January 2027 |
|
Self-contained air-conditioning equipment and heat pumps, except chillers, that plug-in room air-conditioning equipment, monoblock air-conditioning equipment, other self-contained air-conditioning equipment and self-contained heat pumps, with a maximum rated capacity of up to and including 12 kW that contain F-gases, except if required to meet safety requirements. If safety requirements at the site of operation would not allow using alternatives to F-gases, the GWP limit is 750 |
1 January 2032 |
|
Self-contained air-conditioning equipment and heat pumps, except chillers, that monoblock and other self-contained air-conditioning equipment and heat pumps, with a maximum rated capacity of more than 12 kW but not exceeding 50 kW that contains F-gases with a GWP of 150 or more, except if required to meet safety requirements. If safety requirements at the site of operation would not allow using F-gases with GWP of less than 150, the GWP limit is 750 |
1 January 2027 |
|
Self-contained air-conditioning equipment and heat pumps, except chillers, that other self-contained air-conditioning equipment and heat pumps that contain F-gases with GWP of 150 or more, except if required to meet safety requirements. If safety requirements at the site of operation would not allow using F-gases with GWP of less than 150, the GWP limit is 750 |
1 January 2030 |
|
Single split air-conditioning equipment and heat pumps systems, containing less than 3 kg of F-gases that contain, or whose functioning relies upon F-gases listed in Annex 1 with GWP of 750 or more |
1 January 2025 |
|
Split air-to-water air-conditioning equipment and heat pumps that have a rated capacity up to and including 12 kW containing, or whose functioning relies upon, F-gases with GWP of 150 or more, except if required to meet safety requirements at the site of operation |
1 January 2027 |
|
Split air-to-air air-conditioning equipment and heat pumps that have a rated capacity up to and including 12 kW containing, or whose functioning relies upon, F-gases with GWP of 150 or more, except if required to meet safety requirements at the site of operation |
1 January 2029 |
|
Split air-conditioning equipment and heat pumps systems with a rated capacity up to and including 12 kW containing, or whose functioning relies upon, F-gases, except if required to meet safety requirements at the site of operation |
1 January 2035 |
|
Split air-conditioning equipment and heat pumps that have a rated capacity of more than 12 kW containing, or whose functioning relies upon, F-gases with GWP of 750 or more, except if required to meet safety requirements at the site of operation |
1 January 2029 |
|
Split air-conditioning equipment and heat pumps that have a rated capacity of more than 12 kW containing, or whose functioning relies upon, F-gases with GWP of 150 or more, except if required to meet safety requirements at the site of operation |
1 January 2033 |
|
Fire protection equipment that contain or rely on other F-gases listed in Annex 1, except when required to meet safety requirements at the site of operation |
1 January 2025 |
|
Foams that contain F-gases, except if required to meet safety requirements |
1 January 2033 |
|
Technical aerosols that contain F-gases, except if required to meet safety requirements or when used for medical applications |
1 January 2030 |
|
Personal care products (e.g. mousse, creams, foams, liquids or sprays) that contain F-gases |
1 January 2025 |
|
Equipment used for cooling the skin that contain, or whose functioning relies upon, F-gases with GWP of 150 or more except if used for medical applications |
1 January 2025 |
Prohibition dates for products and equipment containing F-gases that have pre-dated the coming into force of Regulation (EU) 2024/573 are set out in the Full Text of Annex 4 to the Regulation but not stated in the above table.
The Regulation also sets out specific dates for the prohibition on the use of F-gases in air conditioning, heat pumps and switchgears, being put into operation, as follows:
As well as banning certain products and equipment from being placed on the market, the Regulation also controls the use of F-gases in equipment that is already in operation. The Regulation bans the use of:
There are also specific dates given for the controls on the use of certain F-gases as follows:
| Use |
Date of prohibition |
|
The use of F-gases, with a GWP of 2,500 or more, for the maintenance or servicing of any refrigeration equipment (subject to specified exemptions) |
1 January 2025 |
|
The use of reclaimed F-gases listed in Annex 1 with a GWP of 2,500 or more used for the maintenance or servicing of existing refrigeration equipment, provided that containers containing those gases have been labelled in accordance with the Regulation |
1 January 2030 |
|
The use of recycled F-gases listed in Annex 1 with a GWP of 2,500 or more used for the maintenance or servicing of existing refrigeration equipment, provided that they have been recovered from such equipment (recycled gases must only be used by the undertaking which carried out their recovery as part of maintenance or servicing or by the undertaking for which the recovery was carried out as part of maintenance or servicing) |
1 January 2030 |
|
The use of F-gases listed in Annex 1, with a GWP of 2,500 or more, for the maintenance or servicing of air-conditioning equipment and heat pumps (subject to specified exemptions) |
1 January 2026 |
|
The use of reclaimed F-gases listed in Annex 1 with a GWP of 2,500 or more used for the maintenance or servicing of existing air-conditioning equipment and heat pumps, provided that containers containing those gases have been labelled in accordance with the Regulation |
1 January 2032 |
|
The use of recycled F-gases listed in Annex 1 with a GWP of 2,500 or more used for the maintenance or servicing of existing air-conditioning equipment and heat pumps, provided those gases have been recovered from such equipment (recycled gases must only be used by the undertaking which carried out their recovery as part of maintenance or servicing or by the undertaking for which the recovery was carried out as part of maintenance or servicing) |
1 January 2032 |
|
The use of F-gases listed in Annex 1 with a GWP of 750 or more, for the maintenance or servicing of stationary refrigeration equipment, with the exclusion of chillers (subject to specified exemptions) |
1 January 2032 |
|
The use of SF6 for the maintenance or servicing of electrical switchgear equipment, unless it is reclaimed or recycled, except if it is proved that reclaimed or recycled SF6:
|
1 January 2035 |
Many of the prohibitions listed in the new Regulation are subject to specific prohibitions.
The Commission will review the effectiveness of Regulation (EU) 2024/573 and assess the existence of cost-effective, technically feasible and sufficiently available alternatives to replace F-gases by 1 January 2030.
By 2040 they will also evaluate the feasibility of the total phase out of HFC consumptions by 2050.
The Regulation also makes specific provisions relating to the frequency of leak checks on equipment containing F-gas.
Operators and manufacturers of equipment that contains:
that is not contained in foams, must ensure the equipment is checked for leaks.
The frequency for undertaking leak checks is as follows:
| Equipment containing: |
Frequency |
|
Five tonnes or more of CO2 equivalent of F-gas of a type listed inAnnex 1, but less than 50 tonnes |
At least every:
|
|
One kilogram or more of CO2 equivalent of F-gas of a type listed in Annex 2, but less than 10 kilograms |
|
|
50 tonnes or more of CO2 equivalent of F-gas of a type listed inAnnex 1, but less than 500 tonnes |
At least every:
|
|
10 kilograms or more of CO2 equivalent of F-gas of a type listed in Annex 2, but less than 100 kilograms |
|
|
500 tonnes or more of CO2 equivalent of F-gas of a type listed inAnnex 1 |
At least every:
|
|
100 kilograms or more of CO2 equivalent of F-gas of a type listed in Annex 2 |
There are specific exemptions for leak checks relating to:
containing F-gas.
Regulation (EU) 2024/590, on substances that deplete the ozone layer bans ODSs for most uses, subject to very limited exemptions.
The new Regulation extends the requirement to recover ODSs for destruction, recycling or reclamation to cover sectors such as:
if technically and economically feasible.
It also exempts the use of ODSs as feedstock when used in the production of other substances. As part of this the Commission must regularly updating a list of ODSs whose use as feedstock is banned.
What does this mean for the UK?
The new F-Gas and ODS Regulations are European legislation, but they still have implications for the UK.
When the UK left the European Union, a copy of the European legislation on F-gas and ODS were assimilated into national law, but any changes to the Regulations since that date made in the EU have not been automatically made to the UK's assimilated version.
Due to the Northern Ireland Protocol, Northern Ireland remains with the European framework covering F-Gas and ODS, so companies in Northern Ireland will have to comply with the new European Regulations.
Even though technically any company in Great Britain has no obligations under the new European legislation, it is important for companies to be aware of the changes especially if they are involved in the manufacture and supply of any equipment involving F-gas into any European country or Northern Ireland, as any equipment they export will need to comply.
The more stringent European legislation will have a knock on impact globally through supply chains. Reduced F-gas quotas will lead to increased prices for refrigerants with higher GWP, and demands for more environmentally friendly, natural alternatives will also increase. So companies who manufacture, supply, or even just own equipment that use these gases should all prepare to adapt.
Furthermore European legislation like this tends to set a global precedent, with other countries expected to follow suit in the near future to implement stricter controls and reduce their F-gas and ODS emissions.
The UK Government have announced that they will be undertaking a review into the UK's controls on F-gases sometime this year. It would be reasonable to presume that the UK would implement stricter controls following this, in line with, similar to, or even surpassing the new controls at European level. Stricter controls at a UK level would help towards the UK's own climate targets and many in the industry who import and export affected equipment between Great Britain, Northern Ireland and Europe would welcome harmonisation between markets.
For more information, see:
