The Legal Framework

The F-Gas Regulation (2006/842) and the MAC Directive (2006/40) were published in the Official Journal of the European Union on 14 June 2006. Their objectives are to contain, prevent and thereby reduce emissions of fluorinated greenhouse gases convered by the Kyoto Protocol.

In December 1997, delegates met in Kyoto, Japan, and agreed to a Protocol to the UNFCCC that commits developed countries and countries with economies in transition (EITs) to achieve quantified emissions reduction targets. These countries, known as Annex I Parties, agreed to reduce their overall emissions of six greenhouse gases (the 3 ones covered by the UNFCCC plus HFCs, PFCs and SF₆ ) by 5.2% below 1990 levels between 2008 and 2012 (the first commitment period), with specific targets varying from country to country. Before the UNFCCC and Kyoto Protocol, one of the major environmental threats was considered to be depletion of the ozone layer - this leads to a "hole" over the Antarctic in the Spring of each year in which the ozone has almost disappeared.

A reduction in ozone allows more ultra-violet-B radiation to reach the Earth and there was concern that this could lead to an increase in skin cancers, cataracts and other diseases. Scientists identified the emissions of CFCs as one of the main initiators of ozone depletion and in 1987 governments agreed the Montreal Protocol which stops the production and use of CFCs by the year 2010. Because they are included in the Montreal Protocol and will be phased out, CFCs were not included under UNFCCC or the Kyoto Protocol despite having a high Gobal Warming Potential (GWP - a measure of how effective a gas is in absorbing heat and helping to cause global warming).

One of the most successful replacements for some of the applications of CFCs have been HFCs, particularly in air-conditioning and refrigeration. In these applications HFC products can help to improve the energy-efficiency of the equipment in which they are used. However, as a result of their GWPs (which ,in many cases, are considerably lower than those of CFCs), HFCs were, in 1997, included in the basket of gases whose emissions should be controlled under the Kyoto Protocol. This has caused a dilemma for governments. HFCs are important replacements for CFCs (and HCFCs), assisting energy efficiency, having low toxicity, non-flammable in operation, easy to re-cycle. But their emissions are controlled under the Kyoto Protocol. Therefore, in the European Union, it was decided to take a number of actions. Firstly, create the F-gas Regulation (as described above) to better contain the HFCs (as if the HFCs are not released/leak from equipment then they do not harm the environment); secondly, under the Regulation, to mandate reporting to enable governments to understand the quantities of HFCs in use, and the emissions. Thirdly, to ban a few small uses of HFCs where alternatives were already available. This ban was extended to include the largest use of HFCs, car air-conditioning, as it is believed that alternative low-GWP systems will become available.

Finally, the Regulation contains a review clause and the European Commission will produce a report by 4^th July 2011showing how well it is working and whether or not further actions are required. This makes it vital that companies take actions to contain HFCs and reduce emissions now.