Pre-charged equipment is also covered by Article 11(5) of the F-Gas Regulation, that states that non-hermetically sealed equipment can only be installed by certified professionals.
Article 14 was written to ensure that the hydrofluorocarbons charged into the equipment were accounted for within the quota system and thus would also fall under the phase-down schedule. Manufacturers and importers of equipment are responsible to fully document this and to draw up a so-called ‘declaration of conformity’. From 1 January 2018 onwards, equipment importers need to ensure that on a yearly basis (by 31 March), the documentation and declaration of conformity for the preceding calendar year are verified by an independent auditor.
The Commission on its turn needs to determine the detailed arrangements relating to the declaration of conformity and the verification details by means of implementing acts.
Awaiting the final Commission guidance, EFCTC members prepared a proposal for a declaration of conformity:
EFCTC draft Declaration of Compliance for the supply of Hydrofluorocarbons
for pre-charged equipment pursuant to article 14 of the EU F-Gas Regulation (517/2014)
We herewith declare that HFCs supplied by [Name of Legal Entity] are lawfully supplied to [name of recipient legal entity] and accounted for under the Quota system referred to in Chapter IV of the EU F-Gas Regulation (517/2014).
[Name of Legal Entity] will report the quantities placed on the market to the European Commission and the relevant competent authority/ies pursuant to article 19 of the F-Gas Regulation.
We wish to stress that [name of the recipient legal entity] has a duty to verify that all HFCs it acquires for sale in the EU are properly accounted for under the EU F-Gas Regulation.
This declaration is issued solely for compliance reasons and does not constitute a legal obligation to supply HFCs to [name of the recipient legal entity].
This declaration is valid for all HFCs supplied in the calendar year [year]
Name of Signatory:
Title of Signatory: