Art. 16-18 : Allocations of quota, authorization to use quota for HFCs in imported equipment

Article 16 lays down the Allocation Mechanism for the Individual Quotas.

  • Quota are allocated annually based on the Reference Values
    • Original Reference Values are based on quantities placed in the market in the 20092012 timeframe
    • Reference Values are reviewed every three years, 2015, 2018 etc.
  • Eligible are producers and importers that have placed HFCs on the EU Market in the previous periods.
    • Non-EU producers can appoint a Only Representative analogous to the REACH Regulation
  • A New Entrants Reserve (NER) of 11% of the Baseline has been made available
    • New Entrants must submit requests for Quota
    • Incumbents can also apply for additional quota under the NER
    • All applications must identify the types of HFC and quantities
    • Allocation based on equal volume principle

Article 17 provides the principles of the Electronic Registry which is managed by the European Commission

(accessible via https://ec.europa.eu/clima/policies/f-gas/reporting/index_en.htm)

Registration in the Registry is mandatory for:

  • Producers and Importers of HFCs who hold quota
  • Undertakings who wish to receive quota under the transfer mechanism (art 18)
  • New Entrants
  • Undertakings supplying or receiving HFCs for exempted uses (art 15.2)
  • Importers of pre-charged equipment where the HFCs have not yet been accounted for (art 18.2)

Article 18 lays down the rules for the transfer of quota and the authorisation of quota use for pre-charged equipment.

  • Quota must be transferred via the Registry. Quota transferred are valid only for the calendar year in which they are transferred (“Use it or Lose it”)
    • The beneficiary which uses the quota will thus add to its baseline for the next three year cycle
    • Quota transferred remain transferrable to another beneficiary
  • Quota use Authorisations have unlimited validity. The corresponding quantity of HFCs in CO2 equivalent will be considered as having been placed on the market by the Quota owner in the year of authorisation.
    • The European Commission will provide detailed guidelines on the actual exercise of the authorisation to use Quotas.
Additional references

F-Gas Regulation Implementing acts

https://ec.europa.eu/clima/policies/f-gas/legislation/documentation_en.htm

  • Commission Decision determining on reference values for the period 1 January 2015 to 31 December 2017 for each producer or importer who has reported placing on the market FGases under the old FGas Regulation (EC) No 842/2006.

DG CLIMA Guidance documents for F-Gas Regulation

https://ec.europa.eu/clima/policies/f-gas/documentation_en.htm

  • Guidance for submitting a Quota Declaration in the F-Gas Portal
  • Guidance for providing an Authorization in the F-Gas Portal
  • Guidance document: Imports of pre-charged equipment
  • Guidance document for registering in the F-Gas Portal