The UK Department for Environment, Food & Rural Affairs and the Environment Agency have updated their February 2020 guidance on how to comply with Fluorinated Gas (F-Gas) and Ozone Depleting Substances (ODS) regulations from 1 January 2021.
Brexit
It is likely that in the coming months new and revised UK guidance on various subjects will appear. The updates often are very similar to earlier version.
UK F-Gas quota and reporting summary
Immediately after the transition period ends, the UK will be split into two separate regulatory regions. The Great Britain (GB) market (England, Scotland and Wales) will be governed by a new GB equivalent of the EU F-Gas Regulation. Northern Ireland will remain aligned with the EU quota and reporting system.
The GB regulation will mirror the EU regulation in terms of the phasing down of HFCs.
From 1 January 2021, a GB HFC quota will be needed for businesses that place on the GB market HFCs equivalent to 100t or more of CO2 per year. This total includes any imports to GB from the EU or Northern Ireland.
Stakeholders can apply for a GB HFC quota as either an incumbent quota holder or new entrant.
Any unused EU authorisations, including delegated authorisations, can (upon application) be exchanged for GB authorisations to place pre-charged equipment on the GB market from 1 January 2021. The deadline for any exchange of EU authorisations is 31 December 2020.
Stakeholders who wish to place HFCs on the EU market should continue to follow the EU F-Gas Regulation. The European Commission will allocate stakeholders’ quotas, adjusted to deduct their GB market share, from the point at which GB leaves the EU system. In order to continue to be eligible for an EU quota to place HFCs on the EU market, stakeholders will need either an office in the EU or appoint an ‘only representative’ in the EU. This must be completed by 31 December 2020.
Devolution
Since environmental regulation is subject to internal UK devolution, the devolved governments of Scotland and Wales are entitled to diverge from the general GB requirements.
This should be kept in mind as the devolution with time may extend to other areas. Members may already be aware about the differences between the English (including Wales), Scottish and Northern Ireland transpositions of the Energy Performance of Buildings Directive.
Recommended actions
The members producing, importing or exporting refrigerants should take note of the latest guidance.