Turkish Law Blog
Turkish Draft F-Gas Regulation to Implement Kigali Amendment
The Kigali Amendment to the Montreal Protocol on Substances that Deplete the Ozone Layer was adopted by the 28th Meeting of Parties to the Montreal Protocol on 15 October 2016 in Kigali, Rwanda and entered into force on 1 January 2019.
The Kigali Amendment adds to the Montreal Protocol the phase-down of the production and consumption of hydrofluorocarbons (HFCs). Under the Amendment, all countries will gradually phase down HFCs by more than 80% over the next 30 years and replace them with environmentally friendly alternatives. According to the UN Environment Programme (UNEP), this will help to avoid global warming by up to 0.4°C this century.
Kigali Amendment was accepted by the TBMM Foreign Affairs Committee on 29 May 2019 and approval process of the Amendment still continues in Turkey Grand National Assembly. Therefore, on 11 December 2020, the Turkish Ministry of Environment and Urbanization published this Draft Regulation that proposed to implement Kigali Amendment.
Directive (EU) 517/2014 was previously implemented by the Regulation on Fluorinated Greenhouse Gases. However, it was deemed not fully compliant with the Directive hence this Draft Regulation proposes to repeal the existing Regulation.
Regulation is structured as follows:
Section 1 - purpose, scope, basis and definitions
Section 2 - basic principles and a central database
Section 3 - procedures and principles for reducing hydrofluorocarbon consumption
Section 4 - licensing of import and export of hydrofluorocarbons per shipment
Section 5 - procedures and principles on the use, trade and reporting of fluorinated greenhouse gases and other fluorinated substances
Section 6 - procedures and principles regarding certification of real and legal persons and other responsibilities
Section 7 - miscellaneous and final provisions
Annex 1 - fluorinated greenhouse gases
Annex 2 - other fluorinated substances
Annex 3 - list of placing on the market prohibitions
Annex 4 - method of calculating the total global warming potential (GWP) of a mixture
Annex 5 - leak checks and equipment repair
Annex 6 - list of accepted technologies for disposal of hydrocarbons
Draft Regulation covers rules regarding the collection, labelling, leakage control, reporting, placing on the market, import, export and use of data on fluorinated greenhouse gases and other fluorinated substances, including those in products and equipment, issues regarding the training and certification of natural and legal persons whose operation is based on equipment that contains, or whose functioning relies upon fluorinated greenhouse gases.
However, it does not cover the recovery of fluorinated greenhouse gases from air conditioning equipment in motor vehicles.
According to Article 6 of the Draft Regulation it is forbidden to:
- release fluorinated greenhouse gases and other fluorinated substances to the atmosphere,
- produce fluorinated greenhouse gases listed under Annex 1 group 1,
- sell or supply fluorinated greenhouse gases and other fluorinated substances free of charge to real persons who do not have the document defined in Article 17 (1) or legal persons who do not have the document defined in Article 18 (1) or legal persons not registered in FARAVET,
- accept fluorinated greenhouse gases or other fluorinated substances in the product or equipment to the disposal facilities without recycling, except for the foams contained in the product and equipment,
- destroy hydrocarbons with technologies other than "Accepted Technologies" listed in Annex 6.
When the product or equipment is disengaged or the container has completed its pot life, waste management is carried out in accordance with the Waste Management Regulation published in the Official Gazette dated 2 April 2015 and numbered 29314.
The Equipment Operators Central Database (EKOMVET) as explained in Article 7, will contain data entered into the electronic system by natural and legal persons, who are the operators of the equipment listed below, with an exemption for military equipment:
- Stationary refrigeration equipment, air-conditioning equipment, heat pump equipment, stationary fire protection equipment, refrigeration units of refrigerated trucks and trailers and organic Rankine cycles that contains fluorinated greenhouse gases in quantities of 5 tonnes of CO2 equivalent or more, and
- electrical switchgear containing 6 kg or more of sulphur hexafluoride.
Activity Reports Database (FARAVET) as explained in Article 8, contains the data entered into the electronic system by real and legal persons specified in Article 14, with an exemption for military equipment. Database is managed by the Ministry of Environment and Urbanization.
Hydrofluorocarbon Consumption Reduction Schedule and Calculation of Annual Country Quotas
The annual hydrofluorocarbon consumption level for the 2024-2045 period onwards is determined by the Ministry within the framework of the reduction schedule.
Annual quotas for the 2024-2045 period and each calendar year afterwards are calculated by the Ministry and are taken as the basis for quota allocation to hydrofluorocarbon importers referred to in Article 10.
The Ministry may set lower annual quotas than anticipated, based on analysis of current hydrofluorocarbon consumption.
Information regarding annual quota allocation for hydrofluorocarbon importers may find in Article 10 of the Draft Regulation. According to this Article:
- From 2023, annual quotas will be allocated by the Ministry of Commerce to importers of hydrofluorocarbon in bulk and importers of hydrofluorocarbons in pre-charged refrigeration, air conditioning and heat pump equipment by the 30th of September each year.
- With the exception of the conditions in paragraph 9 of this Article, the importation of hydrofluorocarbons without quota and in quantities exceeding the quota is prohibited.
- The allocated quotas cannot be transferred except if the business changes its name, the two businesses are merged as one business or a business is split into two.
- The Ministry of Commerce publishes the list of importers who have been allocated quotas for the following year from 2023 until the 30th of November every year, without disclosing the allocated quotas.
- The Ministry of Trade shares the quotas allocated to importers with the Ministry.
- Quotas allocated to importers are kept confidential.
- Importers who have been allocated a quota for a specific calendar year and do not submit a report to the Activity Reports Database (FARAVET) for that calendar year or import hydrofluorocarbons in violation of the legislation in that calendar year will not be allocated a quota for the following calendar year.
- Importers whose imports exceed their quotas in a certain calendar year will be cut by 200% of the amount exceeded for the following year.
- Establishments importing hydrofluorocarbons below 100 tons of CO2 equivalent per year in pre-charged refrigeration, air conditioning and heat pump equipment are exempt from quota application obligation. However, it is obliged to submit reports to the Annual Reports Database.
- In the event that the exempted situation is a military element, it is obliged to submit data to the Ministry of National Defence or the Ministry of Internal Affairs as stated in the 6th paragraph of Article 8.
Procedures and principles regarding licensing of import and export of hydrofluorocarbons per shipment
As explained in Article 11, each organization that will import or export hydrofluorocarbons in bulk must have a control document (import or export license) for each shipment from the publication date of this Regulation.
From 2024, control documents will be issued in accordance with quota allocation. Each organization that will import hydrofluorocarbons in pre-charged refrigeration, air conditioning and heat pump equipment must have a control certificate (import license) for each shipment.
Control documents (licenses) specified above are issued by the Ministry of Environment and Urbanization.
Labelling of containers and products or equipment containing fluorinated greenhouse gases
Containers and products or equipment that contain fluorinated greenhouse gases must be labelled in accordance with the procedures and principles in the Regulation on Classification, Labelling and Packaging (CLP) of Substances and Mixtures dated 11 December 2013 and numbered 28848 (bis).
Additionally, the label required pursuant to paragraph 1 shall indicate:
- The statement "Florlu sera gazları içerir" (Contains fluorinated greenhouse gases) or "Çalışması florlu sera gazlarına dayanır” (Its functioning relies upon fluorinated greenhouse gases) for empty equipment whose functioning relies upon fluorinated greenhouse gas,
- The industrial or chemical name of the fluorinated greenhouse gases and their quantities in kilograms,
- The total amount of fluorinated greenhouse gases in the product or equipment in tonnes CO2 equivalent and Global Warming Potential,
- The statement "Hermetik olarak sızdırmazlığı sağlanmıştır” (Hermetically sealed) if the equipment is hermetically sealed,
- The statement "Sızıntı oranı yılda % 0,1’den azdır” (The leakage rate is less than 0,1% per year) if the leakage rate tested less than 0,1% per year is specified in the warranty certificate of the electrical switch equipment containing sulphur hexafluoride,
- The statement “Florlu sera gazları ile şişirilen köpük” (Foam inflated with fluorinated greenhouse gases) if fluorinated greenhouse gases, including foams applied for the insulation of the equipment before the refrigeration, air conditioning or heat pump equipment is placed on the market, are used as blowing agents,
- The statement "Geri dönüştürülmüş florlu sera gazı" (recycled fluorinated greenhouse gas) or "ıslah edilmiş florlu sera gazı" (reclaimed fluorinated greenhouse gase) if the container contains fluorinated greenhouse gas that has been reclaimed or recycled fluorinated greenhouse gas, the batch number and the name and address of the reclamation or recycling facility,
- The statements “İçindekiler yalnızca hammadde amaçlı kullanılabilir” (The ingredients can only be used for raw material purposes), “İçindekiler yalnızca laboratuvar veya analitik amaçlı kullanılabilir” (Contents may only be used for laboratory or analytical purposes) or “İçindekiler yalnızca imha edilebilir” (Contents can only be destroyed) if the container contains fluorinated greenhouse gas for raw material use or laboratory or analytical use or disposal, respectively,
- The statement “İçindekiler sadece zorunlu kullanım alanları için kullanılabilir” (The contents can only be used for mandatory usage areas) if the container containing fluorinated greenhouse gas is used for mandatory usage areas,
- The label should be indelible and placed in a well visible area of the product or equipment,
- The information on the label should be distinguishable from the background of the label and must be clearly legible in size and range,
- When the equipment is pre-charged or its operation is based on fluorinated greenhouse gases and such gases are added outside the manufacturing site and the total amount obtained is not defined by the manufacturer, the label includes the amount charged at the manufacturing site or the amount according to the design of the equipment and the amount added outside the manufacturing site and the resulting total Includes a place on the label for the amount of fluorinated greenhouse gas,
- During import, if there is a suspicion that there may be a conflict between the information on the label and the substance contained in the container or product or equipment, a technical examination is carried out in the laboratories of universities or public institutions to be determined by the Ministry of Commerce if it cannot be done in the customs laboratories.
- This examination is made to identify the substance in the container or product or equipment to be imported before the import takes place, and all costs are borne by the importer.
- If a nonconformity is detected, the said nonconformity is reported to the Ministry of Environment and Urbanization and the Ministry of Trade. Relevant ministries implement procedures within the framework of the legislation in force regarding the detected nonconformity.
Equipment leak checks
According to Article 13, the leak checks pursuant to paragraph 1 of Article 7 shall be carried out with the following frequency for equipment that contains fluorinated greenhouse gases:
(a) from 5 tonnes to 50 tonnes of CO2 equivalent, at least every 12 months;
(b) from 50 tonnes to 500 tonnes of CO2 equivalent, at least every 6 months;
(c) from 500 tonnes to of CO2 equivalent or more, at least every 3 months.
If a leak detection system is installed in the equipment specified in paragraph 1 of Article 7, the mandatory leakage check periods specified in the first paragraph of this article are 24 months, 12 months and 6 months, respectively.
If the equipment specified in the 1st paragraph of Article 7 and containing fluorinated greenhouse gas below 10 tons of CO2 equivalent is hermetically sealed and labelled with the statement “Hermetik olarak sızdırmazlığı sağlanmıştır” (Hermetically sealed), the equipment will not be subject to leakage check.
If a leakage detection system is installed in the equipment specified in paragraph 1 of Article 7, leakage control is carried out every 6 years for electrical switchgear and every 12 months for other equipment other than electrical switchgear.
If no leakage detection system has been established in the equipment specified in the 1st paragraph of Article 7 and containing 500 tons of CO2 equivalent or more fluorinated greenhouse gas, the leakage detection system should be installed until 1 January 2022.
The tested leakage rate of electrical switchgear is less than 0.1% per year and is labelled with the statement “Test edilen sızıntı oranı yılda % 0,1’den azdır” (Tested leakage rate is less than 0.1% per year) or if pressure and density monitoring equipment is in place or if it contains less than 6 kilograms of sulphur hexafluoride. the equipment in question is not subject to leak check.
It is mandatory to enter information about leak checks in the Equipment Operators Central Database.
Leak checks of the equipment specified in point (a) of paragraph 1 of Article 7 are carried out in accordance with the procedures and principles specified in Annex 5 of this Regulation.
Reporting and verification of reports regarding fluorinated greenhouse gases or other fluorinated substances
The following real or legal persons must register to FARAVET according to Article 14 of the Draft Regulation:
- Importers and exporters of fluorinated greenhouse gases or other fluorinated substances in bulk or in products or equipment,
- Users and distributors of fluorinated greenhouse gases or other fluorinated substances,
- Recovery, recycling, rehabilitation of fluorinated greenhouse gases or other fluorinated substances those who ensure their reclamation or destruction.
From the publication date of this Regulation (From 2021), every year activities related to the previous year must be reported until March 31 through FARAVET.
The reports submitted to the Activity Reports Database are reviewed by the Ministry. If an error or deficiency is found in the report, the relevant organization is informed by the Ministry and the relevant organization is obliged to submit a corrected report within 15 working days from the day it receives the request for correction sent by the Ministry.
Placing on the market and usage prohibitions
Several prohibitions will be imposed by the Draft Regulation according to Article 15.
As of 1 January 2019 it is prohibited to:
- place products or equipment listed in Annex 3 on the market
- use of sulphur hexafluoride to fill vehicle tyres
As of 1 January 2022 it is prohibited to:
- place disposable containers on the market of containing fluorine greenhouse gases or for filling with this gas is prohibited in the maintenance, service or filling of refrigeration, air conditioning, heat pump, fire protection and electrical switchgear equipment, or when used as a solvent
As of 1 January 2023 it is prohibited to:
- place freezers for commercial use and refrigerators (hermetically sealed equipment) that contain HFCs with GWP of 2500 or more on the market
- stationary refrigeration equipment, that contains, or whose functioning relies upon, HFCs with GWP of 2500 or more except equipment intended for an application designed to cool products to temperatures below – 50 °C
- movable room air-conditioning equipment (hermetically sealed equipment which is movable between rooms by the end-user) that contain HFCs with GWP of 150 or more
- foams that contain HFCs with GWP of 150 or more for Extruded polystyrene (XPS)
- technical aerosols that contain HFCs with GWP of 150 or more
As of 1 January 2024 it is prohibited to:
- single split air-conditioning systems containing less than 3 kg of fluorinated greenhouse gases, that contain, or whose functioning relies upon, fluorinated greenhouse gases with GWP of 750 or more
As of 1 January 2025 it is prohibited to:
- foams that contain HFCs with GWP of 150 or more:- for foams other than Extruded polystyrene (XPS)
As of 1 January 2027 it is prohibited to:
- place freezers for commercial use and refrigerators (hermetically sealed equipment) that contain HFCs with GWP of 150 or more
- multipack centralised refrigeration systems for commercial use with a rated capacity of 40 kW or more that contain, or whose functioning relies upon, fluorinated greenhouse gases with GWP of 150 or more, except in the primary refrigerant circuit of cascade systems where fluorinated greenhouse gases with a GWP of less than 1500 may be used
As of date of entry into force of this Amendment it is prohibited to:
- place the product or equipment containing fluorinated greenhouse gases in pure or mixed form and container on the market unless they are labelled in accordance with Article 12
- use of sulphur hexafluoride in magnesium die-casting and in the recycling of magnesium die-casting alloys
These prohibitions do not apply to products and equipment placed on the market for mandatory usage areas.
From 1 January 2023, the use of fluorinated greenhouse gases, with a global warming potential of 2500 or more, to service or maintain refrigeration equipment with a charge size of 40 tonnes of CO2 equivalent or more, shall be prohibited unless equipment intended for applications designed to cool products to temperatures below – 50 °C.
The prohibition referred to in paragraph 7 of this Article shall not apply to the following categories of fluorinated greenhouse gases until 1 January 2033:
- a) reclaimed fluorinated greenhouse gases with a global warming potential of 2500 or more used for the maintenance or servicing of existing refrigeration equipment, provided that they have been labelled in accordance with Article 12,
- b) recycled fluorinated greenhouse gases with a global warming potential of 2500 or more used for the maintenance or servicing of existing refrigeration equipment provided they have been recovered from such equipment. Such recycled gases may only be used by the undertaking which carried out their recovery as part of maintenance or servicing or the undertaking for which the recovery was carried out as part of maintenance or servicing,
- c) fluorinated greenhouse gases with a GWP value of 2500 and above used for the maintenance or service of existing refrigeration equipment installed in mandatory use areas.
Manufacturers and importers of equipment referred to in paragraph 1 shall keep the documentation and declaration of conformity for a period of at least 5 years after the placing on the market of that equipment.
Trade restrictions and procedures
Organizations that sell or supply fluorinated greenhouse gases for free shall keep the records of the buyers, including the name of the buyer, document number (if any) and the amount of gas sold or supplied free of charge, and keeps these records for 5 years and register to FARAVET.
If the buyer is a legal person who does not need to obtain a Service Place Certificate in accordance with Communiqué on Certification of Persons who Perform Activities which Involve Equipment Containing Fluorinated Greenhouse Gases, it can only purchase fluorinated greenhouse gas as follows:
- by declaring the document number of the technical personnel holding Professional Competence Certificate,
- providing a written statement that they will not use the fluorinated greenhouse gas in an activity that requires certification of legal entities specified in the first paragraph of Article 18.
Training and certification
The procedures and principles regarding the certification of natural and legal persons who perform activities which involve the cooling, air conditioning, heat pump, fire extinguishing systems and electrical switchgear may find in Communiqué on Certification of Persons who Perform Activities which Involve Equipment Containing Fluorinated Greenhouse Gases dated 24 September 2020 and numbered 31254.
Responsibilities of the equipment operator
According to Article 19 of the Draft Regulation, operator of equipment shall ensures that:
a) the installation, maintenance or technical service, repair, decommissioning and leakage controls of equipment containing fluorinated greenhouse gases or equipment whose operation is based on fluorinated greenhouse gases, and the recovery of fluorinated greenhouse gases from the equipment is performed by properly certified natural and legal persons respectively, as stated in Article 17 and 18,
b) all necessary precautions have been taken to prevent the leakage of fluorinated greenhouse gas,
c) equipment leakage checks are carried out according to the timelines determined in accordance with the provisions of Article 13,
d) the equipment is repaired without undue delay where leakage of fluorinated greenhouse gases is detected,
e) the equipment is checked by a certified natural person within 30 business days after the repair to verify that the repair has been effective where a leak in the equipment has been repaired,
f) the first leak check is made within 30 business days following the equipment installation for newly installed equipment,
g) the leak detection system is mounted on the equipment as specified in the 5th paragraph of Article 13 and controlled as specified in the 4th paragraph of Article 13,
The operator of equipment shall also:
h) submit an updated copy of the equipment log book entered in EKOMVET referred to in subparagraph (h) of paragraph 1 of Article 5 to the Ministry and relevant authorities upon their request,
i) enter the information about activities to EKOMVET within 30 business days after the completion of the activities specified in point (a) of paragraph 1 of Article 19 with the equipment referred to in point (a) of paragraph 1 of Article 7,
j) notify the Ministry within 30 working days following the placement of the equipment containing fluorinated greenhouse gas or based on these gases acquired after the entry into force of this Regulation, or within 30 working days following the completion of the installation of the equipment and the charging of the equipment with fluorinated greenhouse gas if the equipment is required to be installed,
k) notifies the Ministry within:
- 18 months for the equipment that was acquired prior to the entry into force of this Regulation which was referred in point (a) of paragraph 1 of Article 7 and containing fluorinated greenhouse gases from 5 tons to 50 tons CO2 equivalent or whose operation is based on these gases and equipment specified in subparagraph (b) of paragraph 1 of Article 7 and containing 6 kilograms or more of sulphur hexafluoride,
- 12 months for the equipment specified in point (a) of paragraph 1 of Article 7 and containing fluorinated greenhouse gases from 50 tons to 500 tons of CO2 equivalent or whose operation is based on these gases,
- 6 months for equipment specified in point (a) of paragraph 1 of Article 7 and containing 500 tons of CO2 equivalent or more fluorinated greenhouse gases or whose operation is based on these gases.
Mandatory usage areas and foreign trade
Before importing and placing on the market the product or equipment foreseen for mandatory usage areas and exempted from the placing on the market prohibitions specified in Annex 3 and Article 15, the manufacturer or importer of the said product and equipment must obtain permission from the Ministry.
The user must notify the Ministry in writing before the maintenance or technical service of the equipment, which is exempted from the usage prohibition specified in the 7th paragraph of Article 15, which is installed in mandatory usage areas of fluorinated greenhouse gas.
Principles regarding organizations operating in free-trade zones
According to Article 21 of the Draft Regulation:
- Organizations operating in free zones, provided that the prohibited products and equipment to Turkey's entry into the customs area, the Appendix 3 and are exempt from the ban placed on the market specified in Article 15,
- Organizations that bring fluorinated greenhouse gases or other fluorinated substances or products or equipment containing them to free zones; organizations that send fluorinated greenhouse gases, other fluorinated substances or products or equipment containing them outside the free zones or use, recycle, recycle, recycle or destroy fluorinated greenhouse gases or other fluorinated substances in free zones must notify the Ministry in writing.
Hydrofluorocarbon trade with countries that are not one of the parties to the Kigali Amendment to Montreal Protocol on Substances that Deplete the Ozone Layer is prohibited as of 1 January 2033.
If enacted, this Draft Regulation will come into force on the date of its publication on the Official Gazette.