Image by LPhot Kyle Heller; © Crown copyright 2023.

F-Gas Regulation

F-Gas Regulation is a widely used, generic term, referring to Regulation (EU) No 517/2014 of the European Parliament and of the Council of 16 April 2014 on fluorinated greenhouse gases. This is the second iterations and replaces Regulation (EC) No 842/2006.

The Regulation limits the total amount of HFCs that can be sold in the EU, bans the use of some F-gases in many new types of equipment and places requirements on relevant stakeholders for checks, servicing and recovery of the gases at the end of the equipment’s life.

There are specific requirements for operators (i.e. natural or legal person exercising actual power over the technical functioning) of products and equipment covered by the F-Gas Regulation, such as:  

  • Taking all measures which are technically and economically feasible to minimise leakage of fluorinated greenhouse gases;
  • Ensuring that the equipment requiring repair is repaired without undue delay by a certified natural person;
  • Leak checking the equipment with a frequency as listed in Art. 4, Par. 3 of the Regulation;
  • Ensuring that certain types of equipment are provided with a leakage detection system which alerts the operator or a service company of any leakage;
  • Establishing and maintaining records for each piece of relevant equipment covered by the Regulation.

Until 31 December 2020, the F-gas Regulation applied in the UK as directly applicable EU law. Following Brexit, the F gas Regulation applies in Great Britain as ‘retained EU law’ and the requirements remain the same as under EU legislation.

As per its Whereas (21) the EU Regulation is undergoing a comprehensive review in order to adapt its provisions to new developments. This review is currently in its final stage with a provisional text submitted to the member states representatives within the Council (Coreper) and to the EU Parliament’s environment committee for endorsement. In the proposed form of the Regulation the consumption of HFCs will be completely phased out by 2050, and the production of HFCs will be phased down to a minimum (15%) as of 2036.

While the new form of the Regulation will not be directly applicable to Great Britain, it will be applicable to Northen Ireland. Furthermore, an assessment report published by Department for Environment, Food and Rural Affairs (responsible for improving and protecting the environment in England) in December 2022 concludes that “further policy work and analysis will be undertaken to assess potential future policy proposals. These will include consideration of greater ambition on F gases in support of the UK’s net zero commitment, taking account of technological developments, and will ensure continued compliance with international obligations under the Montreal Protocol.”

It is therefore reasonable to assume that UK’s approach will be similar, if not more stringent than the EU equivalent one.

With its wealth of expertise and experience, Ernest West & Beynon can support its customers with meeting all their requirements under the EU / UK current and future F-Gas Regulation.