F-Gas: European Parliament adopts the ENVI report (GEN – 1472.00)

31 March 2023

GEN – 1472.00. The European Parliament adopted the position on revising the EU’s legislative framework on fluorinated gases (F-Gases) with 426 votes in favour, 109 against and 52 abstentions.

On Thursday 30 March 2023, the Members of the European Parliament adopted their position on revising the EU’s legislative framework on fluorinated gases (F-Gases) emissions with 426 votes in favour, 109 against and 52 abstentions.

Main Contents

Link with PFAS initiative

The adopted text includes a new recital 6b “It is of great importance that the Commission takes the phasing out of HFCs into account in its upcoming legislative proposals, such as in the revision of Regulation EC/1907/2006 on the Registration, Evaluation and Authorisation of Chemicals (the ‘REACH Regulation’) regarding the phase out of per- and polyfluoroalkyl substances (PFAS).”

It also includes a new paragraph 1c in article 35 “No later than three months following the adoption of the revised REACH Regulation, the Commission shall assess whether this Regulation is coherent with that Regulation. The Commission shall, where appropriate, accompany its assessment with a legislative proposal to amend this Regulation, if it concludes that this Regulation is not coherent with potential new restrictions of the use of PFAS laid down in that Regulation.”

Monitoring the attainment of REPowerEU heat pump deployment targets

The adopted text includes a new recital 11a “In May 2022, the European Commission presented the RePowerEU Plan, as a response to the hardships and global energy market disruption caused by Russia’s invasion of Ukraine, aiming at ending the Union’s dependence on Russian fossil fuels and tackling the climate crisis. The Plan includes a target to roll out 10 million hydronic heat pumps by 2027 and to double the rate of heat pump deployment by 2030. While the heat pump industry has started investing in HFC alternatives, it could prove challenging to quickly replace production of HFC-based heat pumps with natural alternatives and deliver to the market the amount of heat pumps targeted by RePowerEU. The Commission should therefore closely monitor market developments and should provide an additional amount of HFC quotas to the heat pump industry, should the HFC quota phase-down set out in Annex VII create disruptions in the Union’s heat pump market to an extent which would endanger the attainment of the RePowerEU heat pump deployment targets.”

It also includes a new paragraph 6a in article 17 “By … [one year following the entry into force of this Regulation] and every year thereafter, the Commission shall assess, in consultation with relevant stakeholders, the impact of the HFC quota phase-down on the Union’s heat pump market and shall submit a report to the European Parliament and the Council. The Commission shall adopt delegated acts in accordance with Article 32 to amend Annex VII and allow a limited amount of additional quotas for placing on the Union market HFCs to be used in heat pumps until the year 2029, where the assessment referred to in the first subparagraph concludes that the HFC quota phase-down set out in Annex VII creates disruptions in the Union’s heat pump market to an extent which would endanger the attainment of the RePowerEU heat pump deployment targets. In the report referred to in the first subparagraph the Commission shall provide a justification for its decision to adopt or not to adopt the delegated acts referred to in the second subparagraph. Where the Commission adopts a delegated acts as referred to in the second subparagraph, the additional quotas shall be distributed to producers and importers, following their requests, submitted to the F-Gas Portal, accompanied by evidence, in the form of sales contracts, that the quotas are to be used for heat pumps.”

Repairing and maintenance

The adopted text includes a new recital 13a “The ban on the placing on the market of parts of equipment that is banned under this Regulation should not apply to parts required for repairs and servicing of existing equipment that has already been installed in order to ensure that such equipment remains repairable and maintainable for their full lifespan, thereby avoiding the need for the unwarranted replacement of existing energy equipment and infrastructure, which could have a negative effect on decarbonisation efforts. The repair or servicing for which such spare parts are used should not result in an increase in the capacity of the equipment or an increase in the amount of fluorinated gases contained in the equipment or of the fluorinated gases used.”

It also includes a new subparagraph 1a for the article 11 – paragraph 1 “By way of derogation from the first subparagraph, the placing on the market of parts of equipment required for repairs and servicing of existing equipment shall be allowed provided that the repair or servicing does not result in an increase in the capacity of the equipment or an increase in the amount of fluorinated gases contained in the equipment or of the fluorinated gases used.”

Exports

The adopted text includes a new recital 15a “As third countries, particularly developing ones, might not have stringent recovery obligations for fluorinated greenhouse gases or not have the appropriate infrastructure to manage those gases at the end of life, exports to third countries of products and equipment containing those gases could result in the release of those gases in the atmosphere. In the framework of the Union’s global efforts to mitigate climate change, the bans on products and equipment laid down in Annex IV should therefore apply to both their placing on the Union’s market and their export from the Union to third countries.”

It also includes the new article 11a “The export of products and equipment, including parts thereof, listed in Annex IV, with an exemption for military equipment, shall be prohibited from the date specified in that Annex, differentiating, where applicable, according to the type or global warming potential of the gas contained.”

Leak checks during manufacturing

The adopted text modifies article 5 – paragraph 1 – subparagraph 1 as follows “Manufacturers and operators of equipment that contains 5 tonnes of CO₂ equivalent or more of fluorinated greenhouse gases listed in Annex I or 1 kilogram or more of fluorinated greenhouse gases listed in Annex II, Section I, not contained in foams, shall ensure that the equipment is checked for leaks, including during their manufacturing”.

Prohibitions on maintenance

The adopted text modifies article 13 – paragraph 3 – subparagraph 1 as follows “From 1 January 2024, the following uses shall be prohibited: the servicing or maintenance of air conditioning and heat pump equipment, mobile and stationary refrigeration equipment and chillers by fluorinated greenhouse gases listed in Annex I, with a global warming potential of 2 500 or more. From 1 January 2030, the following uses shall be prohibited: the servicing or maintenance of stationary refrigeration equipment, with the exclusion of chillers, by fluorinated greenhouse gases listed in Annex I, with a global warming potential of 150 or more.”

Increased and increasing quota price

The adopted text modifies article 17 – paragraph 5 – subparagraph 1 as follows “The allocation of quotas is subject to the payment of the amount due which equals to five euro for each tonne of CO2 equivalent of quota to be allocated in the period 2024-2026 and shall increase every three years thereafter so as to ensure a constant revenue, in light of the quota phase-down set out in Annex VII. Importers and producers shall be notified via the F-Gas Portal of the total amount due for its calculated maximum quota allocation for the following calendar year and of the deadline for completing the payment.[…]”

Annex IV

(11) *Stationary* refrigerators and freezers for commercial use (self-contained equipment)	-that contain HFCs with GWP of 2 500 or more.	1 January 2020
	-that contain HFCs with GWP of 150 or more.	1 January 2022
	-that contain fluorinated greenhouse gases.	1 January 2024

(12) Any self-contained stationary refrigeration equipment that contains fluorinated greenhouse gases.

1 January 2025

(14) Stationary refrigeration equipment, that contains, or whose functioning relies upon, fluorinated greenhouse gases except equipment intended for application designed to cool products to temperatures below – 50 °C.

1 January 2025

(14a) Stationary refrigeration equipment, that contains, or whose functioning relies upon, fluorinated greenhouse gases.	1 January 2027
(17) Plug-in room, monoblock and other self-contained air-conditioning and heat pump equipment that contain fluorinated greenhouse gases.	1 January 2026

(18) Stationary split air-conditioning and split heat pump equipment:

(a) Single split systems, including fixed double duct systems, containing less than 3 kg of fluorinated greenhouse gases listed in Annex I, that contain, or whose functioning relies upon, fluorinated greenhouse gases;

1 January 2028

(b) Split systems of a rated capacity of up to and including 12 kW containing, or whose functioning relies upon, fluorinated greenhouse gases except when required to meet safety standards;

(c) Split systems of a rated capacity of more than 12 kW and up to 200 kW containing, or whose functioning relies upon, fluorinated greenhouse gases with GWP of 750 or more, except when required to meet safety standards.

(ca) Split systems of a rated capacity of more than 200 kW containing, or whose functioning relies upon, fluorinated greenhouse gases.

1 January 2028

(23b) Mini, displacement and centrifugal chillers that contain, or whose functioning relies upon, fluorinated greenhouse gases.

1 January 2027

Annex VII

Years	Maximum Quantity in tonnes CO₂ equivalent
2024 – 2026	41 701 077
2027 – 2029	20 888 360
2030 – 2032	9 132 097
2033 – 2035	8 445 713
2036 – 2038	6 782 265
2039 – 2041	4 138 941
2042 – 2044	3 247 259
2045 – 2047	1 623 629
2048 – 2049	811 814
2050 onwards	0

Next Steps

Once Council agrees on its position, Members of the European Parliament are ready to start the talks on the final shape of the legislation. The European Parliament delegated the ENVI Committee to start at the soonest the interinstitutional negotiations.

Recommended actions

Interested Members are invited to carefully assess the adopted text and provide the secretariat with their comments to prepare the incoming Trilogue.