Regulation (EU) 2024/573 repealing Regulation (EU) No 517/2014
News
On 11 March 2024, Regulation (EU) 2024/573 of the European Parliament and of the Council of 7 February 2024 on fluorinated greenhouse gases, amending Directive (EU) 2019/1937 and repealing Regulation (EU) No 517/2014, enters into force.
In the 2021 Special Report of the Intergovernmental Panel on Climate Change (IPCC), it was stated that by 2050 a global reduction of fluorinated greenhouse gas emissions of up to 90% compared to 2015 will be necessary. In response to the urgent need for climate action, the Union adopted more ambitious climate targets through Regulation (EU) 2021/1119. That Regulation establishes a binding Union internal target of reducing net greenhouse gas emissions (emissions after removals) by at least 55% by 2030 compared to 1990 levels, and a target of achieving climate neutrality in the Union by 2050 at the latest.
The new Regulation introduces a number of very significant changes compared to Regulation (EU) No 517/2014. The key ones are set out below:
- Extension of the term “F-gases” to include other fluorinated substances listed in the Annexes to the Regulation.
- Tightening of the phase-down schedule for placing HFCs on the market.
- Introduction of a fee of EUR 3 per tonne of CO₂ equivalent for HFC import quotas from outside the EU.
- Introduction of a requirement to hold a sufficient quota or authorisation to use a quota at the time of customs clearance.
- Introduction of a requirement for new importers to demonstrate three years of experience in trading chemicals or in servicing equipment or systems, and they will not be allowed to transfer or authorise their quota.
- Requirement that only one importer may be registered at a single address.
- Introduction of the CERTEX system (Single Window), under which customs authorities across the EU will be informed of every import, export or transit operation, and which will be linked to the F-gas portal.
- Designation of specific border crossing points through which F-gases, as well as products/equipment containing them or dependent on them, may be imported into and exported from the EU.
- Introduction of a mandatory auditor’s report (by 30 April) if imports of bulk HFCs or HFCs contained in equipment reach 1,000 tonnes of CO₂ equivalent.
- Introduction of a complete ban on the trade within the EU of F-gases in disposable containers (including online sales), as well as storage and transport of such containers within the EU, and a requirement to conclude agreements for the return of reusable containers.
- Introduction of mandatory certification not only for activities involving F-gases, but also for activities involving alternatives to F-gases.
- Introduction of an obligation for Member States to maintain electronic collection of data on HFC emissions.
- Strengthening of penalties for non-compliance in accordance with the currently amended Environmental Crime Directive.
The full text of the Regulation in Polish can be found at the link.