F GAS REGULATIONS

EU Legislation, F Gas Regulation 842/2006 came into force 4th July 2007. Below is a summary of the regulation and details of the responsibilities it imposes on both us as the supplier and you as the end user.

As an operator of Air Conditioning Systems containing Fluorinated Gases (F-gases) came into force in June 2006, and finally came into force on 4th July 2007. We enclose for your information extracts from EC Regulation No. 842/2006 which details your obligations and responsibilities regarding this legislation.

F-gases (Fluorinated Gases) are hefty global warming gases and have come under the spotlight of the EC's Kyoto Protocol targets. The basic objective of the new legislation is to reduce emissions of these global warming gases from Air Conditioning and Refrigeration Equipment/Systems. F-gases include all our HFC Refrigerants, including R134a, R407c, R410a and R404a.

The main points of the new law include:

• Regular leakage checks and prevention
• Refrigerant records
• Equipment labeling
• Ban on sale of non refillable cylinders

Leakage checking/repair

Operators (defined as those exercising actual power over the technical functioning of the equipment/system) will be required to use all available measures to prevent leakage of F-gases and to repair any detected leakage (as soon as possible). Any repair must be re-checked for leakage within one month.

The Regulation also provides a timetable for leak testing equipment and systems with a charge of 3kg or more:

• At least once a year for applications containing 3kg or more of F-gases (this does not apply to hermetically sealed systems containing less than 6kg).
• At least once every six months for applications containing 30kg or more of F-gases.
• At least once every three months for applications containing 300kg or more of F-gases. In addition, these systems will be required to have permanent leak detection systems installed.

Record keeping and responsibilities

Operators will also have to maintain records on the quantity and type of F-gases installed, any quantities added and the quantities recovered during maintenance, servicing and final disposal. They will also need to keep records of other relevant information, including the identification of the company or technician who performed the servicing or maintenance, as well as the dates and results of the leakage checks and relevant information specifically identifying the separate stationary equipment with more than 30kg of F-gases.

One grey area is who might be considered to be the 'operator' of equipment and system. As the guidance notes state, in most circumstances it is likely to be that the person who has actual power will be the person or legal person (typically a company) responsible for giving instructions to its employees as to the day to day technical functioning of the equipment. This will require equipment servicing companies and their customers to have contractual arrangements that clearly set out operator responsibilities in relation to the Regulation and for businesses using relevant equipment to ensure that the operator tasks are clearly identified in employees' job descriptions. There are no hard and fast rules as to the identity of the operator but these needs to be set out in the contract because it is the operator who will be responsible in the event of a breach of the regulation.