Brussels: Europe and the Arabs
Today, Council and Parliament negotiators reached an interim political agreement to phase out substances that cause global warming and deplete the ozone layer. This interim agreement finalizes negotiations on fluorinated gases and confirms the informal agreement reached in June on ozone-depleting substances. While current EU legislation has already significantly limited the use of these gases, the new rules would To reduce its emissions into the atmosphere and contribute to reducing global temperature rise, in line with the Paris Agreement.
“I am very satisfied with the agreement we reached today on fluorinated gases, which goes hand in hand with the work we have done on substances that deplete the ozone layer. These substances have very negative impacts on the health of our planet and must be addressed.” “The agreement is an important step in our shared goal to combat climate change and will help us reach our ambitious climate goals.”
According to a European statement issued in Brussels by Teresa Ribera Rodriguez, the Spanish Minister of Environmental Transition and Demographic Challenge, whose country holds the current rotating presidency of the Union.
Fluorinated gases
Under the interim agreement, the consumption of hydrofluorocarbons (HFCs) will be completely phased out by 2050. On the other hand, HFC production, in terms of production rights allocated by the Commission for HFC production, will be reduced to a limited level. Minimum (15%) from 2036. Both production and consumption will be gradually reduced according to a tight schedule with descending quota allocation (Appendices V and VII). The agreement stipulates the allocation of higher quotas in the first two periods compared to the Commission’s proposal. Semiconductors will be exempted from the HFC quota allocation system, as proposed by the Committee, and the feasibility of phasing out HFC consumption and the need for HFCs in sectors where they are still used in 2040 will be reviewed, taking into account developments Technology and availability of alternatives to HFCs for relevant applications.
The text imposes a complete ban on placing on the market products and equipment containing HFCs for several categories, including some household refrigerators, coolers, foams and aerosols (Annex IV). It introduces some deadlines for the ban and expands them to include products that use fluorinated gases with a lower global warming potential (GWP). For all new bans, an exception is expected if there are safety concerns.
The interim agreement provides for a complete fluorinated gas ban on small monoblock heat pumps (<12 kW) and air conditioners containing fluorinated gases with a GWP of at least 150 from 2027, and a complete phase-out in 2032. ...and split air conditioning and heat pumps. Participating lawmakers agreed to impose a complete ban on fluorinated gas starting in 2035, with earlier deadlines for certain types of split systems with high global warming potential. Exceptions are expected if this equipment is needed to meet safety requirements. The interim agreement also includes the possibility of launching a limited number of additional heat pump quotas if the proposed ban would threaten the achievement of the heat pump deployment target required under REPowerEU.
The text also sets out a new complete ban on medium-voltage switchgear based on fluorinated gases, with a phase-out by 2030, and a ban on high-voltage switchgear by 2032. It introduces a cascading principle that identifies possible exceptions to the ban depending on the bidding process for empty alternatives From fluorinated gas. It includes the possibility of using high-voltage switchgear for the extremely powerful greenhouse gas SF6 as a last resort in the cascade principle and adds a number of safeguards to avoid a ban jeopardizing the operation of electrical networks.
The interim agreement imposes a ban on certain equipment needed to repair and maintain existing equipment. Starting in 2025, refrigeration equipment servicing equipment that uses high-GHG fluorinated gases will be banned unless the gases are extracted or recycled, in which case they benefit from an exception until 2030. A similar ban has been imposed on air conditioning servicing equipment and Heat pumps for 2026 with the exception of reclaimed or recycled gases until 2032. A ban on the maintenance of stationary refrigeration equipment designed to cool products to temperatures below -50°C will apply to fluorinated gases with low greenhouse potential from 2032, including A permanent exception is when recycled or reclaimed gases are used.
The text sets the HFC quota allocation price at €3, which is adjustable for inflation. Part of the revenues will be used to cover the administrative costs of implementing the Fluorinated Gas Regulation and the rest will go to the EU general budget.
The text establishes a mandatory Extended Producer Responsibility (EPR) scheme as of 1 January 2028 for fluorinated gases in products and equipment falling within the categories of electrical and electronic equipment in accordance with Directive 2012/19/EU (on waste electrical and electronic equipment, WEEE).
And it states Interim provision that Member States will establish rules on effective, proportionate and dissuasive sanctions applicable to violations. Penalties should include at a minimum fines, product confiscation, temporary exclusion from public procurement, and temporary trade bans. It must be compatible with the Environmental Crimes Directive and national legal systems. It must be higher than the specified quantitative minimum if Member States decide to set a threshold.
Ozone-depleting substances
The Interim Agreement confirmed that ozone-depleting substances are prohibited in almost all uses, with very limited exceptions. The text includes an exemption for the use of ozone-depleting substances as a feedstock for the production of other substances. The Commission will be requested to regularly update the list of ozone-depleting substances that are prohibited from being used as feedstocks. The availability of feedstock alternatives is assessed primarily at the international level, under the Montreal Protocol. However, as a precautionary measure, if the International Committee of Experts fails to do so within a certain time frame, the Committee will conduct an assessment of viable alternatives.
The text would also allow the use of ozone-depleting substances under strict conditions as manufacturing agents in laboratories and for fire protection in special applications such as military equipment and aircraft.
The interim agreement expands the requirements for recovering ozone-depleting substances for destruction, recycling, or reclamation to include new sectors compared to the Commission’s proposal. The requirement will cover refrigeration and air conditioning equipment, heat pumps, equipment containing solvents or fire protection systems, fire extinguishers and other equipment if technically and economically feasible.
The text also extends to all ozone-depleting substances the requirement for undertakings to take precautions to prevent and reduce unintentional release of ozone-depleting substances and to ensure that any leaks discovered are repaired without undue delay.
Next steps
Both interim agreements will now be submitted to representatives of member states within the Council (Coreper) and to Parliament's Environment Committee for approval. If approved, the text will be formally approved by the two institutions, before being published in the Official Journal of the European Union and entering into force.
background
On 5 April 2022, the Commission adopted its proposals for a Regulation on Fluorinated Greenhouse Gases and a Regulation on Ozone-Depleting Substances. Parliament adopted its position on the proposal on 30 March 2023 and the Council reached a general approach on 5 April 2023.
The effects of fluorinated gases on global warming are hundreds of thousands of times stronger than carbon dioxide. ODS, on the other hand, create a hole in the ozone layer, providing protection from cancer-causing ultraviolet rays.
Fluorinated greenhouse gases, or fluorinated gases, are included in a wide range of products used in everyday life, such as refrigerators, air conditioning, and medicines. It is also used in heat pumps and switchgear devices in electrical power systems.
The proposal for the revised regulation lengthens and tightens the free allocation quota system for putting hydrofluorocarbons (HFCs) on the market after 2030 and introduces a new quota system for their production. It imposes new restrictions on more types of equipment and products containing fluorinated gases, and strengthens implementation and enforcement provisions with penalties.