L378
February 16
Atmospheric Pollution Control
The Fluorinated Greenhouse Gases Regulations 2008 (SI 2008/41)
Comes into force: 15th February 2008
General Purpose and Summary
These Regulations are necessary to prescribe offences and penalties in relation to EC Regulation No 842/2006 on
certain fluorinated greenhouse gases and to provide enforcement powers.
These Regulations will only extend to Northern Ireland in so far as they relate to importation of fluorinated greenhouse
gasses.
Requirements
Regular Leak Testing
Operators of the following stationary applications: refrigeration, air conditioning and heat pump equipment, including
their circuits, as well as fire protection systems, which contain fluorinated greenhouse gases listed in Annex I of the EC
Regulations, shall (using technically feasible measures which do not entail disproportionate cost):

prevent leakage of these gases; and

as soon as possible repair any detected leakage.
Operators of the applications referred to above shall ensure that they are checked for leakage by certified personnel
according to the following schedule:

applications containing 3 kg or more of fluorinated greenhouse gases shall be checked for leakage at least
once every 12 months; this shall not apply to equipment with hermetically sealed systems, which are labelled
as such and contain less than 6 kg of fluorinated greenhouse gases;

applications containing 30 kg or more of fluorinated greenhouse gases shall be checked for leakage at least
once every six months;

applications containing 300 kg or more of fluorinated greenhouse gases shall be checked for leakage at least
once every three months.
The applications shall be checked for leakage within one month after a leak has been repaired to ensure that the repair
has been effective.
A stationary application with more than 300 kg of fluorinated greenhouse gases (other than an existing fire protection
system which was fitted before 4th July 2007) must be fitted with an automatic leakage detection system. The detection
system must be checked at least once a year to ensure proper functioning.
Existing fire protection systems (fitted before 4th July 2007) with more than 300 kg of fluorinated greenhouse gases
must be fitted with a leakage detection system by 4th July 2010.
How much is 3kg of fluorinated greenhouse gas
 Small hermetically sealed systems fitted with a “domestic” 240 Volt 13 Amp plug will contain less than 6 kg. All
domestic fridges and freezers fall into this category and the majority of domestic refrigerators contain less than
3 kg

Most “split systems” will contain more than 3 kg. A split system is one with at least 2 major components located
in different locations, connected by refrigerant pipe work. For example, an air-conditioning system or cold room
with a cooling unit inside a room and a condensing unit that is located remotely, usually outside the building

Most air-conditioning water chillers will contain more than 3 kg.
This information is intended to inform businesses of legislative developments & in no way provides specific advice of their legal obligations. No
responsibility or loss occasioned to the person acting or refraining from action as a result of the material in this publication can be accepted by the
authors or by Groundwork
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February 16
Maintaining Records
Records must be kept regarding any system with more than 3 kg of HFC refrigerant. The records must show:
 The quantity and type of HFC refrigerants installed in each system,
 Any quantities of refrigerant added,
 The quantity of refrigerant recovered during servicing, maintenance and final disposal.
 Any relevant information including the identification of the company or technician who performed the servicing
or maintenance
refrigeration systems with less than 3kg of refrigeration do not need to comply with this section.
Recovery
Operators of the following types of stationary equipment shall be responsible for putting in place arrangements for the
proper recovery by certified personnel of fluorinated greenhouse gases to ensure their recycling, reclamation or
destruction:
 the cooling circuits of refrigeration, air-conditioning and heat pump equipment
 equipment containing fluorinated greenhouse gas-based solvents
 fire protection systems and fire extinguishers, and
 high-voltage switchgear.
When a refillable or non-refillable fluorinated greenhouse gas container reaches the end of its life, the person utilising
the container for transport or storage purposes shall be responsible for putting in place arrangements for the proper
recovery of any residual gases it contains to ensure their recycling, reclamation or destruction.
The fluorinated greenhouse gases contained in other products and equipment (including mobile equipment unless it is
serving military operations) shall, to the extent that it is technically feasible and does not entail disproportionate cost, be
recovered by appropriately qualified personnel, to ensure their recycling, reclamation or destruction.
Recovery, for the purpose of recycling, reclamation or destruction of the fluorinated greenhouse gases shall take place
before the final disposal of that equipment and, when appropriate, during its servicing and maintenance.
Reporting
By 31st March 2008 and every year thereafter, each producer, importer and exporter of fluorinated greenhouse gases
shall send an annual report to the Secretary of State, containing the following data in respect of the preceding calendar
year:
 its total production of each fluorinated greenhouse gas, identifying the main categories of applications (e.g.
mobile air-conditioning, refrigeration, air-conditioning, foams, aerosols, electrical equipment, semiconductor
manufacture, solvents and fire protection) in which the substance is expected to be used,
 the quantities of each fluorinated greenhouse gas it has placed on the market in the Community,
 any quantities of each fluorinated greenhouse gas which have been recycled, reclaimed or destroyed;
Instruction manuals
If a person places on the market refrigeration, air conditioning, heat pump, fire protection system or fire extinguisher
equipment or switchgear containing fluorinated greenhouse gas they must provide an instruction manual which
contains:
 a statement that the product or equipment contains such gas
 information about the fluorinated greenhouse gas in the product or equipment, and
 a statement whether or not the product or equipment is hermetically sealed.
Prohibition of sulphur hexafluoride
The use of sulphur hexafluoride or preparations thereof in magnesium die-casting, except where the quantity of sulphur
hexafluoride used is below 850 kg per year, shall be prohibited from 1st January 2008.
The use of sulphur hexafluoride or preparations thereof for the filling of vehicle tyres shall be prohibited from 4 th July
2007.
Annex II of the 2006 EC Regulation specifies certain products and the date on which it becomes an offence to place
such products onto the market. The table from Annex II is set out below:
This information is intended to inform businesses of legislative developments & in no way provides specific advice of their legal obligations. No
responsibility or loss occasioned to the person acting or refraining from action as a result of the material in this publication can be accepted by the
authors or by Groundwork
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Fluorinated greenhouse gases
Fluorinated greenhouse gases
Hydrofluorocarbons and
perfluorocarbons
Perfluorocarbons
Fluorinated greenhouse gases
Fluorinated greenhouse gases
Fluorinated greenhouse gases
Fluorinated greenhouse gases
Fluorinated greenhouse gases
Hydrofluorocarbons
February 16
Products and equipment
Non-refillable containers
Non-confined direct evaporation
systems containing refrigerants
Fire protection systems and fire
extinguishers
Windows for domestic use
Other windows
Footwear
Tyres
One component foams, except
when required to meet national
safety standards
Novelty aerosols
Date of prohibition
4 July 2007
4 July 2007
4 July 2007
4 July 2007
4 July 2008
4 July 2006
4 July 2007
4 July 2008
4 July 2009
Use of Adequately qualified staff
Personnel carrying out any installation or maintenance on:
 refrigeration equipment,
 air conditioning equipment
 heat pump equipment
 leak detection systems, or
 fire protection system
which contain 3 kg or more fluorinated greenhouse gasses must have a suitable refrigerant handling qualification,
specified in these Regulations as City & Guilds handling Refrigerants Scheme 2078 and Construction Industry
Training Board Safe Handling of Refrigerants Reference 206710.
The recovery of fluorinated greenhouse gasses from any stationary equipment or motor vehicle must only be
conducted by personnel who have obtained a relevant qualification as specified in Part II of Schedule 1 of these
Regulations.
Labelling
Any new refrigeration system placed on the market must be fitted with a label clearly stating the type and quantity of
HFC refrigerant used.
COMPLIANCE STATUS:
This information is intended to inform businesses of legislative developments & in no way provides specific advice of their legal obligations. No
responsibility or loss occasioned to the person acting or refraining from action as a result of the material in this publication can be accepted by the
authors or by Groundwork