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Allocation of quota: Quotas are needed for the import and production of bulk HFCs.
Quotas are allocated based on a company-specific reference value (determined every 3 years; see below) and/or based on an annual declaration of (additional) anticipated needs from a quota reserve. Companies wishing to apply for import and production of bulk HFCs from this reserve have to make a declaration for the subsequent year in the HFC Registry (via the F-gas Portal). The latest dates of the declaration period – usually in the period April to May – are published in the Official Journal early each year. A quick guide illustrating the steps for submitting a quota declaration is available.
Quota can only be used for the calendar year that it is issued, i.e. only for imports/production in the period between 1 January to 31 December of that year.
Quota is needed for the import of bulk gas only. Importers of HFCs in precharged equipment require a quota authorisation. Both – quotas and (quota) authorisations are not needed for imports of less than 100t of CO2 equivalent of HFC per year (in equipment or as bulk gas).
Authorisation of quota: Imports of all HFC precharged refrigeration, AC and heatpump equipment require the obtaining of a quota authorisation, unless an annual threshold of 100t CO2 equivalent is not exceeded or the HFC was previously placed on the market in the EU.
Authorisations must be agreed between a quota holder and an importer of precharged equipment AND must be entered online in the HFC Registry (accessed via the F-gas Portal) to be valid. Authorisations, once issued in the HFC Registry, cannot be cancelled. The system also allows for delegating authorisations one more time (only), e.g. by an equipment manufacturer, in order to help their importers comply with their obligations. Please see details in our guidance for equipment importers: Guidance document.
Many quota holders are listed in the Implementing Decision. This allows importers of equipment containing HFCs to contact these companies and obtain the quota authorisations required to place such equipment on the EU market
Registration: Registration in the HFC Registry via the F-gas Portal is mandatory for companies to receive a quota. It is also compulsory for importers of equipment containing HFCs and all entities supplying or receiving exempted gases such as those HFCs imported for destruction, for use as feedstock, directly exported in bulk, as well as for use in military equipment, in semiconductor manufacture or for metered dose inhalers (MDIs).
All companies which will have to report on F-gas related activities according to Art. 19, such as imports of gases or precharged equipment, EU production and export of gases, stocks, destruction and others should similarly register in the F-gas Portal to enable access to the reporting forms.
Background: Regulation (EU) No 517/2014 includes a phase-down of hydrofluorocarbons (HFCs) under which the placing on the EU market of HFCs by each undertaking is subject to quantitative limits. Since 1 January 2015 a quota is required for producers and importers placing at least 100 tonnes of CO2 equivalent of HFCs in bulk on the market in a calendar year. From 1 January 2017 also HFC precharged refrigeration, AC and heatpump equipment must be covered under the quota system.
The European Commission allocates quotas in accordance with Regulation (EU) 517/2014 (Art. 16, Annexes V, VI). The quotas are allocated in tonnes CO2 equivalent to importers and producers of bulk gases. Quotas are not allocated to manufacturers and importers of gases contained in products and equipment. The latter undertakings must assure compliance with the quota system in other ways, through a declaration of conformity and, for importers, the use of authorisations (guidance document) unless they are below an annual threshold of 100t CO2 equivalent.
In the quota allocation process, a distinction is made between two types of companies:
Companies are assigned a reference value reported if they placed at least 100 tonnes of CO2 equivalent of HFCs in bulk on the EU market in the years 2015 and/or 2016. The Commission Implementing Decision (EU) 2017/1984 of 24/10/2017 lists the names of the companies concerned.
Companies are allocated a yearly quota on the basis of their reference value as well as by annually declaring additional anticipated quantities in accordance with Regulation 517/2014 (Article 16(3), (4), (5), Annexes V, VI).
The reference value for the period 2018-2020 is based on HFC quantities legally placed on the market by all companies from 2015 – taking into account uses that are exempted from the phase-down (Regulation 517/2014 15(2) (a)-(e)).
The quota is determined as 89% of the reference value multiplied by the phase-down factor (i.e. 63% for 2018-2020). For the allocation of quotas from the reserve for 2018 and every year thereafter, companies with a reference value declaring additional anticipated quantities will be treated in the same way as companies newly entering the market.
Quotas may be allocated to these entities on the basis of a pro rata distribution taking into account the declared needs (Regulation (EU) 517/2014, Annex VI). Declaration of need and allocation of quota is repeated on a yearly basis. The dates of the declaration are published in the Official Journal.
Companies that exceed their quota are allocated a reduced quota in the allocation period(s) following detection. A penalty of 200% of the exceedance amount is applied. Furthermore, the responsible Member State will impose further penalties in cases of infringements of the Regulation according to national law.
The EU Member States are responsible for implementing Regulation (EU) No 517/2014. Please contact the relevant person in your Member State.
For questions on quota allocation and the HFC registry only, please email CLIMA-HFC-REGISTRY@ec.europa.eu
Disclaimer: This page was developed for the sole purpose of assisting companies in the quota allocation process. Please refer to the Notice in the Official Journal and Regulation (EU) No 517/2014 for the full legal detail.
The tool for reporting on F-gas-related activities is accessible via the F-gas Portal. It usually opens early February to allow timely reporting before the legal deadline of 31 March each year.
Article 19 of Regulation (EC) No 517/2014 requires that production, import, including gases in equipment, export of bulk gases, feedstock use and destruction of the substances listed in Annexes I or II in the Regulation are reported annually before 31 March, for the previous calendar year. The Commission Implementing Regulation (EU) No 2017/1375 of 25/07/2017 determines the format and means for submitting the report.
The reporting requirements depend on the role of the reporting company in the market. A new reporting tool in line with the new F-gas regulation specifies all the required information that is relevant for the specific activities.
Every year companies need to submit their report for the previous year before 31 March. The entrance to the reporting tool, which is handled by the European Environment Agency (EEA), is achieved via the F-gas Portal through the orange "Reporting" button in the top right corner.