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F-GASES: COMMISSION ACTION UPON AUSTRIA AND DENMARK
15-12-2004
Their unilateral national legislation to phase-out F-gases, anticipating an upcoming EU-wide legislation, was indeed seen as too restrictive. The Commission “intends to respect its duty of striking the right balance between the need of achieving the environmental protection objective of reducing greenhouse gas emissions in accordance with the Kyoto Protocol and the need of avoiding undue disruptions in the free movement of goods at EU level”.

The two national measures in question are the Danish Order n° 552 of 2 July 2002 and the Austrian Order n° 447 of 10 December 2002.

The procedure follows complaints by the European Partnership For Energy and the Environment (EPEE), on the basis that the bans were disproportionate and in breach of EC Treaty obligations.

The Commission decision could result in Denmark and Austria having to cancel their unilateral F-gas regulation.