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PURPOSE: the
control and use of fluorinated greenhouse gases in the EU. LEGISLATIVE
ACT: Regulation 842/2006/EC of the European Parliament and of the Council on
certain fluorinated greenhouse gases. CONTENT: the Council adopted a Regulation on fluorinated greenhouse gases
following an agreement reached with the European Parliament in the
conciliation committee. The Regulation was adopted alongside a Directive on
emissions from air-conditioning systems in motor vehicles, amending Directive
70/156/EEC. The legal acts form part of a comprehensive package aimed at
implementing the European Climate Change Programme, which was established in
June 2000. It has also been introduced as part of the Sixth Community
Environment Action Programme, which recognises that the Community is committed
to achieving an 8% reduction in emission of greenhouse gases between 2008 and
2012 compared to 1990 levels. Most
fluorinated greenhouse gases identified by this Regulation have a high global
warming potential. The objective, therefore, of this Regulation (complemented
by the Directive on air conditioning systems in motor vehicles) is to create
provisions which prevent and minimise emissions from fluorinated greenhouse
gases (FFGs) covered by the Kyoto Protocol. In presenting harmonised
provisions the EU is also helping to prevent distortions of competition
within the internal market. The
Regulation, as redrafted in conciliation, addresses the containment, use,
recovery and destruction of the FGGs listed in Annex A to the Kyoto Protocol
(and adopted in Annex I and Annex II of this Regulation). Provisions include
the principle of “Containment”, whereby operators of FFGs must prevent any
leakages and the principle of “Recovery”, whereby operators are responsible
for the proper recovery, by certified personnel, of FFGs. Certain fluorinated
gases listed in Annex II will be banned from use within the EU, with effect,
as from 4 July 2006. The Regulation
also provides rules on: - the
labelling and disposal of products and equipment containing these gases;
- the reporting
of information on these gases
- the control
of uses of sulphur hexafluoride;
- the placing
on the market of products and equipment containing FFGs; and
- the training
and certification of personnel and companies involved in activities
relating to FFGs.
Review procedures
are also foreseen, which request the Commission to prepare a report on the
application of this Regulation by 31 December 2007. By 31 December 2008 the
Commission must decide whether it will prepare additional legislation in
order to extend the provisions of this Regulation to air conditioning systems
as a whole and not just those fitted in motor vehicles. By 4 July 2004, the
Commission must prepare a report based on the application of the Regulation. Member States
will be allowed to promote market products and equipment which use
alternatives to FFGs of a high global warming potential. In addition, Member
States may maintain or introduce more stringent protective measures than
those listed in this Regulation and they will be responsible for establishing
a system of penalties applicable to infringements of the Regulation. ENTRY INTO
FORCE: It will apply with effect from 4 July 2007, with the exception of
provisions concerning the placing of FFGs, listed in Annex II, which will
take effect as from 4 July 2006.
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