Regulation on Fluorinated Greenhouse Gases

The Regulation on Fluorinated Greenhouse Gases was published in the Official Gazette No. 32693 on 15 October 2024. It entered into force on publication, with the second paragraph of Article 9 and the fourth paragraph of Article 10 entering into force on 1 January 2025 (Article 25). It repealed the earlier regulation of 29 June 2022 (Article 24) and was prepared taking Regulations (EU) 517/2014 and (EU) 2024/573 into account (Article 4). It is executed by the Minister of Environment, Urbanisation and Climate Change (Article 26); the quota, control certificates and databases are managed by the Climate Change Directorate.

Which gases and activities does the regulation cover?

It covers fluorinated greenhouse gases in Annex 1, such as hydrofluorocarbons, perfluorocarbons and sulphur hexafluoride, and the other fluorinated substances in Annex 2. It regulates labelling, data collection, leak checks, reporting, placing on the market, import, export, use, quota allocation, recovery, recycling, reclamation and destruction, and the certification of persons working on such equipment. Gas recovery from motor vehicle air conditioning is outside its scope (Article 2). Military units are exempt from its provisions (Article 23).

What must equipment operators and service companies do?

Operators of stationary refrigeration, air-conditioning and heat pump equipment, fixed fire protection equipment, refrigeration units of refrigerated trucks and trailers containing 5 tonnes CO₂ equivalent or more of fluorinated gas, and of electrical switchgear containing 6 kg or more in a single compartment, enter data in the Equipment Operators Central Database (EKOMVET) (Article 7). Leak checks depend on the gas quantity: every 12 months for 5-50 tonnes CO₂ equivalent and every 6 months for 50-500 tonnes; a leak detection system is mandatory at 500 tonnes and above (Article 12). Individuals who install, service, decommission, leak-check or recover gas must hold a Vocational Qualification Certificate, and legal entities doing this work for third parties must hold a Service Competence Certificate issued by TSE under TS 13905 (Articles 16-17). The operator ensures these tasks are done by certified persons and enters the information in EKOMVET within 30 working days after installation, servicing and similar activities (Article 18).

How do import, export, quota and reporting work?

The hydrofluorocarbon quota is allocated by the Climate Change Directorate; HFCs cannot be imported without a quota or above the allocated quota, and quotas cannot be transferred (Article 9). A hydrofluorocarbon control certificate is needed for every import or export and is valid for the year it is issued (Article 10). Businesses that import, export, use, distribute, recover, recycle, reclaim or destroy fluorinated gases report the previous year's activity in the Activity Reports Database (FARAVET) by 30 April each year (Article 13). Sellers of gas keep buyer records for five years and sell gas only to certified persons (Article 15).

Which products are banned or restricted?

Containers, products and equipment that are not labelled cannot be placed on the market; single-use containers of fluorinated gas cannot be placed on the market or imported, subject to exceptions (Article 14). Sulphur hexafluoride cannot be used in magnesium die casting and vehicle tyres cannot be inflated with it. For certain products there are phased bans on high global warming potential gases; for example, stationary refrigeration equipment containing HFCs with a GWP of 2500 or more cannot be placed on the market from 1 January 2027 (Article 14).

What does it mean for destruction and recycling?

Releasing fluorinated gases to the atmosphere is prohibited, and gas in a container, product or equipment cannot be disposed of without being recovered first (Article 6). Waste hydrofluorocarbons (code 14 06 01*) must be sent to licensed fluorinated gas reclamation facilities and may be destroyed only by the approved technologies listed in Annex 6. When equipment is decommissioned, its waste management follows the Waste Management Regulation. Businesses dismantling refrigeration systems or air conditioners must therefore have the gas recovered by certified personnel.

What should companies pay attention to in practice?

Breaches are subject to the administrative sanctions in Environment Law No. 2872 and related legislation (Article 21). From 1 January 2033, HFC trade with countries that are not party to the Kigali Amendment is prohibited (Article 22). Businesses should regularly check their equipment inventory, leak-check calendar and the service company's certificates.