Brexit readiness notice on Fluorinated Greenhouse Gases

Date: 19 July 2020
Brexit readiness notice on Fluorinated Greenhouse Gases

The European Commission has issued a revised readiness notice on F-Gases. Businesses are strongly advised to double-check their readiness with regards to quota allocations, reporting obligations, verification, representatives, and certified persons under the F-Gas Regulation.

The UK left the EU on 1 February 2020. EU law continues to apply in the UK during the transition period lasting until 31 December 2020. Businesses must prepare for the end of that transition period.

F-Gas Regulation

After the end of the transition period, Regulation (EU) No 517/2014 on fluorinated greenhouse gases will no longer apply to the UK.

Quota allocation

As of 1 January 2021, hydrofluorocarbons placed on the UK market no longer count towards the EU quota. UK companies with a legal representative in the EU will continue to receive quotas based on historic EU market shares or declarations of intent.

Reporting

The reporting obligation as per Article 19 also applies to undertakings in the UK. Reporting will have to done through an EU-based representative. Undertakings established in the EU have to report shipments from/to the UK as import to/export from the EU.

Undertakings importing pre-charged equipment into the UK will no longer report this data as per Article 19. Undertaking importing pre-charged equipment into the EU from the UK will have to report such trade as import.

Undertakings destroying or using any fluorinated greenhouse gases as feedstocks in the UK will no longer have to report these activities.

Verification and auditors

After the end of the transition period, auditors accredited by the United Kingdom Accreditation Service pursuant to Directive 2003/87/EC; and auditors accredited to verify financial statements in accordance with the legislation of the United Kingdom can no longer draw up verification reports for submission according to Article 19(5) and (6) of the F-Gas Regulation.

Only representatives

After the end of the transition period, hydrofluorocarbons placed on the EU market by a company established in the UK require an ‘only representative’ established in the EU. Representatives established in the UK will no longer considered as ‘only representatives’ for the purpose of the F-Gas Regulation.

Certified persons

After the end of the transition period, certificates and training attestations regarding leakage checks, recovery, installation, servicing, maintenance, repair, or decommissioning issued in the UK will no longer be recognised for activities carried out in the EU.

Northern Ireland

Special rules apply in Northern Ireland.

Recommended Actions

Members are strongly advised to double-check their readiness for the end of the transition period. More information can be found in the readiness notice.

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