Key Benefits:
Publics concerned: private individuals, companies producing, distributing, selling or installing air conditioning equipment, refrigeration or heat pumps using fluorinated greenhouse gases as a refrigerant or handling such gases, as well as companies operating electrical switching devices or fire protection equipment containing such gases.
Purpose: provisions relating to the use of certain refrigerant fluids.
Entry into force: the text comes into force on the day after its publication.
Notice: refrigerant fluids used in air conditioning and refrigeration equipment or heat pumps are powerful greenhouse gases that can deplete the ozone layer. Their use is governed by European Union law, including regulations No. 1005/2009 of 16 September 2009 and No. 517/2014 of 16 April 2014. The decree adapts the environmental code to their provisions. It regulates the conditions for the sale of equipment whose refrigerant fluid load is carried out in the factory but which require a company with a regulatory certification, called "capacity certificate", to complete their assembly. Without modifying the distribution channels of equipment, it ensures that only authorized professionals will take delivery of these equipment as well as any individual or company demonstrating that it will comply with the regulatory obligations applicable to the assembly of these equipment. It defines a progressive program to ban the use of the various substances subject to Regulation No. 1005/2009. It sets out an obligation to undo chlorofluorocarbon refrigerants that have been banned from use for more than ten years. Finally, it creates the regulatory basis to simplify, by ministerial order, the provisions relating to the intervention sheet, mandatory for any handling of refrigerant fluids.
References: the environmental code modified by this decree can be consulted, in its drafting, on the website Légifrance (www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of Ecology, Sustainable Development and Energy,
Considering Commission Regulation (EC) No. 1497/2007 of 18 December 2007 defining, in accordance with Regulation (EC) No. 842/2006 of the European Parliament and the Council, the standard requirements for leakage control for fixed fire protection systems containing certain fluorinated greenhouse gases;
Considering Regulation (EU) No 517/2014 of the European Parliament and Council of 16 April 2014 on fluorinated greenhouse gases and repealing Regulation (EC) No. 842/2006;
Considering the consumer code, including articles L. 111-1 and L. 111-2;
Considering the environmental code, including chapter I of title II of his book V, chapter III of title IV of his book V and article L. 593-2;
Considering the Criminal Code, including articles 131-13, 132-11 and 132-15;
Considering the comments made during the public consultation conducted from December 26, 2014 to January 31, 2015, pursuant to Article L. 120-1 of the Environmental Code;
The State Council (section of public works) heard,
Decrete:
At the 12th of Article R. 521-2-14 of the Environmental Code, the words: "The information provided for in Article 6 of Regulation (EC) No 842/2006 of 17 May 2006 relating to certain gases with fluorinated greenhouse effects under the conditions provided for in this Article" are replaced by the words: "the information provided for in Article 19 of Regulation (EU) No 517/2014 of the European Parliament and of the Council of 16 April 2014
Section 2 of Chapter I, title II, of Book V of the Environmental Code (regulatory part) is amended as follows:
1° In the title of subsection 5, as well as in article R. 521-55, the words: "high voltage connection devices" are replaced by the words: "electrical switching devices";
2° At 1° of Article R. 521-56, the words: "Regulation (EC) No. 842/2006 of 17 May 2006" are replaced by the words: "Regulation (EU) No. 517/2014 of the European Parliament and the Council of 16 April 2014 on fluorinated greenhouse gases and repealing Regulation (EC) No. 842/2006";
3° Section R. 521-57 is replaced by the following provisions:
"Art. R. 521-57.-Distributors may only yield fluorinated greenhouse gases on a cost-free basis only to:
"-other distributors;
"-companies carrying out installation, maintenance, maintenance, repair, decommissioning of fixed fire protection equipment and having the certificate referred to in R. 521-60;
"-businesses carrying out installation, maintenance, maintenance, repair, decommissioning of electrical switching devices containing fluorinated greenhouse gases whose personnel hold the certificate referred to in R. 521-59 or an equivalent certificate issued in one of the Member States of the European Union;
"-businesses performing the recovery of fluorinated greenhouse gases contained in electrical switching devices or the recovery of fluorinated greenhouse gas solvents whose staff holds the certificate referred to in R. 521-59 or an equivalent certificate issued in one of the EU member states.
"The equivalent certificate issued in one of the Member States of the European Union is translated into French at the request of the distributor or environmental inspector. » ;
4° After the article R. 521-57, an article R. 521-57-1 is inserted as follows:
"Art. R. 521-57-1.-Distributors shall collect free of charge the packaging wastes containing fluorinated greenhouse gases that have returned to them within the limits of the number of packagings that they distributed the previous year. » ;
5° The last paragraph of Article R. 521-59 is deleted;
6° In sections R. 521-59, R. 521-60, R. 521-61, R. 521-63, R. 521-64 and R. 521-66, the words: " environmental and industry ministers" are replaced by the words: "the Minister responsible for the environment";
7° Section R. 521-62 is replaced by the following provisions:
"Art. R. 521-62.-Any operator of fixed fire protection equipment containing fluorinated greenhouse gases shall carry out its installation, maintenance, repair or decommissioning as well as the leakage controls provided for in Article 4 of Regulation (EU) No. 517/2014 of 16 April 2014, by a company holding the certificate referred to in Article R. 521-60.
"Any electric switching device operator with fluorinated greenhouse gases shall carry out its installation, maintenance, repair or decommissioning, as well as the leakage checks provided for in Article 4 of Regulation (EU) No. 517/2014 of 16 April 2014, by personnel holding the certificate referred to in Article R. 521-59.
"The compliance with the provisions of the two preceding paragraphs is demonstrated by the handover to the operator of a copy of the certificates mentioned in these two paragraphs.
"In accordance with Article 3, paragraph 3, of Regulation (EU) No 517/2014 of 16 April 2014, the operator of an equipment on which a leak of fluorinated greenhouse gases has been detected cannot recharge it until it has been repaired. » ;
8° Section R. 521-68 is replaced by the following provisions:
"Art. R. 521-68.-I.-Is punishable by the fine provided for in the fifth class offences:
« 1° For any operator of fixed fire protection equipment or electrical switching apparatus containing fluorinated greenhouse gases, to conduct the leakage control without complying with the requirements of Article R. 521-62;
« 2° For any operator of fixed fire protection equipment or electrical switching apparatus containing fluorinated greenhouse gases, not take the measures provided by the order referred to in R. 521-62 to stop the leaks observed;
« 3° For any operator of fixed fire protection equipment or electrical switching apparatus containing fluorinated greenhouse gases, not to have these equipment installed by a person certified in breach of section R. 521-62 or not to have these equipment checked at the frequencies provided for in Article 4 of Regulation (EU) No 517/2014 of 16 April 2014;
« 4° For any operator of fixed fire protection equipment or electrical switching apparatus containing fluorinated greenhouse gases or fixed equipment containing fluorinated greenhouse gas solvents, not to carry out the recovery of fluorinated greenhouse gases during installation, maintenance, maintenance, repair or non-use of EU regulation 8 April 2014;
« 5° For any company holding the certificate referred to in R. 521-60, not to conduct the sealing checks of fixed fire protection systems in accordance with the combined provisions of Article 4 of Regulation (EU) No. 517/2014 of 16 April 2014 and Articles 3,4,5 and 6 of Regulation (EC) No. 1497/2007 of 18 December 2007;
« 6° For any person holding the certificate referred to in R. 521-59, not to conduct the leakage checks of electrical switching devices in accordance with the provisions of Article 4 of Regulation (EU) No 517/2014 of 16 April 2014;
« 7° For any company, the installation, maintenance, maintenance, repair or decommissioning or recovery of fluorinated greenhouse gases contained in fixed fire protection equipment without the holder of the certificate referred to in R. 521-60;
« 8° For any company, to entrust the installation, maintenance, repair, decommissioning of electrical switching devices or the recovery of the fluorinated greenhouse gases that they contain to personnel without the certificate referred to in R. 521-59;
« 9° For any company, to acquire fluorinated greenhouse gases on an expensive or free basis without the holder of the certificate referred to in R. 521-60 or without the staff members required to handle these gases having the certificate referred to in R. 521-59, where such acquisition is part of Article 11, paragraph 4, of Regulation (EU) No. 517/2014 of 16 April 2014;
« 10° For any natural person, to acquire fluorinated greenhouse gases on an expensive or free basis without the holder of the certificate referred to in R. 521-59, when this acquisition is part of Article 11, paragraph 4, of Regulation (EU) No 517/2014 of 16 April 2014;
« 11° For any company holding the certificate referred to in R. 521-60, not to recover the fluorinated greenhouse gases in accordance with the provisions of Article 8 of Regulation (EU) No 517/2014 of 16 April 2014;
« 12° For any distributor, to dispose of fluorinated greenhouse gases in an expensive or free manner to other persons than those mentioned in R. 521-57;
« 13° For any distributor, not to resume packagings containing fluorinated greenhouse gases under the conditions specified in R. 521-57-1;
« 14° For any distributor, put on the market fixed fire protection equipment or electrical switching apparatus containing fluorinated greenhouse gases in breach of Article 11, paragraph 1, of Regulation (EU) No 517/2014 of 16 April 2014.
"II.-The recidivism of the contraventions provided for in this article shall be punishable in accordance with sections 132-11 and 132-15 of the Criminal Code. »
Section 6 of Chapter III of Title IV of Book V of the Environmental Code (regulatory part) is amended as follows:
1° In the title of the section, the words: "fridge and climate equipment" are replaced by the words: "thermaldynamic equipment";
2° Section R. 543-75 is amended as follows:
(a) In the first paragraph, the words: "Frigerating or Climate Equipment" are replaced by the words: " Thermodynamic equipment including refrigerating and climate equipment";
(b) In 3, the words: "Categorie of hydrofluorocarbons (HFCs)" are replaced by the words: "Categorie of hydrofluorocarbons (HFCs), with the exception of hydrofluorolefines (HFOs);
3° Section R. 543-76 is amended as follows:
(a) The 1° is replaced by the following:
"1° "Equipments" refrigeration, air conditioning systems, including heat pumps, thermodynamic systems, in particular Rankine's organic cycles within the meaning of Article 2 of Regulation (EU) No 517/2014 of the European Parliament and of the Council of 16 April 2014 on fluorinated greenhouse gases and repealing Regulation (EC) No. 842/2006, the refrigeration systems of vehicles, containing refrigeration » ;
(b) The 5th is supplemented by a sub-item:
"Do not be considered as distributors operators who perform fluid recovery and cede them to distributors so that they put them in conformity with their original specifications or to destroy them. » ;
(c) After the 6°, it is added a 7° as follows:
« 7° “ Distributors of equipment” persons who cede on an expensive or free basis, as part of a professional activity, equipment to people, operators or other distributors. » ;
4° Section R. 543-77 is replaced by the following provisions:
"Art. R. 543-77. - For hermetically sealed circuit equipment, pre-loaded in refrigerant fluid, whose commissioning consists exclusively of a connection to electrical, hydraulic or aeraulic networks, the mentions provided for in Article 12, paragraph 3, of Regulation (EU) No 517/2014 of 16 April 2014 are appended by the producers of these equipment prior to placing them on the market. For all other equipment, the indication must be affixed by the operators performing the commissioning of the equipment.
"The references provided for in Article 12, paragraph 3, of Regulation (EU) No 517/2014 of 16 April 2014 are clearly visible, legible and indelible, by the operators on equipment already in service during the first leakage control carried out under Article R. 543-79 after 1 July 2016. » ;
5° After the article R. 543-77, an article R. 543-77-1 is inserted as follows:
"Art. R. 543-77-1.-People offering equipment for sale to the public inform the public by means of marking and displaying the conditions of assembly and commissioning of the equipment provided for in Article R. 543-78. In addition, this marking and display facilitate access to the contact information of the operators holding the certificate of capacity by an appropriate reference to the list of these operators mentioned in R. 543-114.
"This information is affixed legibly to the packaging of the equipment and displayed near the location where the equipment is exposed.
"This information is also included in documents used for advertising purposes. » ;
6° Article R. 543-78 is supplemented by a paragraph as follows:
"The compliance with the provisions of this Article shall be demonstrated by a copy of the certificate of capacity referred to in Article R. 543-99 or the equivalent certificate issued in one of the Member States of the European Union. » ;
7° Section R. 543-79 is replaced by the following provisions:
"Art. R. 543-79.-The holder of equipment with load in HCFC is greater than two kilograms, or whose load in HFC or PFC is greater than five tonnes CO2 equivalent within the meaning of Regulation (EU) No 517/2014 of 16 April 2014, shall, at the time of commission of this equipment, carry out a leak check of the elements ensuring the containment of the refrigerant fluid by an operator
"This control is then periodically renewed under the conditions defined by the Minister for the Environment. It is also renewed whenever changes affecting the circuit containing refrigerant fluids are made to the equipment.
"If leaks of refrigerant fluids are found during this inspection, the operator responsible for the control shall draw the observation by a document that it gives the holder of the equipment, which shall take all measures to remedy the leak that has been observed. For equipment containing more than three hundred kilograms of HCFC or more than 500 tonnes CO2 equivalent of HFC or PFC, the operator shall send a copy of this statement to the representative of the State in the department or to the Nuclear Safety Authority if these equipment is located within the scope of a basic nuclear facility as defined in Article L. 593-2. » ;
8° After the article R. 543-79, an article R. 543-79-1 is inserted as follows:
"Art. R. 543-79-1.-As of July 1, 2016, the sealing check of the equipment is attested by the affixing of a mark of control. When leaks are found during the sealing check of the equipment and their repair cannot be done immediately, a so-called sealing mark is affixed to the equipment. These two marks and the conditions of their application are defined by order of the Minister responsible for the environment. » ;
9° In R. 543-80, the words: "containing more than three kilograms of refrigerant fluid" are replaced by the words: "whose HCFC load exceeds three kilograms, or whose HFC or PFC load exceeds five tonnes CO2 equivalent as defined in Regulation (EU) No 517/2014 dated 16 April 2014,";
10° In R. 543-81, the words: "spouse of Ministers Responsible for the Environment, Industry, Equipment and Transport" are replaced by the words: "the Minister responsible for the Environment";
11° Section R. 543-82 is replaced by the following provisions:
"Art. R. 543-82.-The operator establishes an intervention sheet for each operation requiring the handling of refrigerant fluids carried out on equipment.
"For any equipment with HCFC load greater than three kilograms or with HFC or PFC load greater than 5 tonnes CO2 equivalent as defined in Regulation (EU) No 517/2014 dated 16 April 2014, this form is signed jointly by the operator and the holder of the equipment that keeps the original. The operator and the holder of the equipment shall keep a copy of the record for at least five years from the date of signature of the record and shall keep it at the disposal of the operators involved in the equipment and administration at a later date.
"A Minister of the Environment Order sets out the content and specifies the conditions for the development and detention of the intervention form mentioned above.
"The provisions of this section do not apply to refrigerant recovery operations performed on non-use equipment subject to the provisions of sections R. 543-156 to R. 543-165 or to the provisions of sections R. 543-179 to R. 543-206. » ;
12° The title of subsection 3 is replaced by the following title:
"Subsection 3
« Cession, acquisition, use and recovery of refrigerant fluids and their packagings »
13° Article R. 543-84 is supplemented by five paragraphs as follows:
"In the course of the assignment, the distributors mention on the invoice the share of the price to cover on the one hand the obligation of resumption provided for in section R. 543-91 and on the other hand the costs of treatment in the case that the distributor is also the producer or when a contract between producer and distributor states that the distributor assumes the obligation of treatment provided for in section R. 543-95.
"Distributors of equipment may not assign pre-loaded equipment containing refrigerant fluids on a costly or free basis, requiring assembly or commissioning, pursuant to Article R. 543-78, the use of an operator with the capacity certificate provided for in Article R. 543-99 or an equivalent certificate issued in one of the following States members of the European Union,
"the other distributors of equipment;
"the operators with the certificate of capacity provided for in Article R. 543-99 or an equivalent certificate issued in one of the Member States of the European Union and translated into French;
"the persons justifying, at the time of disposal of the equipment, that they have entered into a contract with an operator with the certificate of capacity provided for in article R. 543-99 or an equivalent certificate issued in one of the Member States of the European Union translated into the French language. The content of the contract is specified by order of the Minister responsible for the environment. This contract includes the type of equipment (air conditioning or heat pump) and the family of the refrigerant used. » ;
14° Section R. 543-85 is replaced by the following provisions:
"Art. R. 543-85. -The distributors of refrigerant fluids and equipment distributors maintain a register justifying the transfer of fluids or equipment to the persons referred to in R. 543-84.
"The content of this registry, which can be electronically established, is defined by order of the Minister for the Environment.
"Frigour fluid dispensers and equipment distributors keep this register for a period of five years. » ;
15° The last sentence of article R. 543-87 is replaced by the following sentence:
"The holder of the equipment shall bring to the attention of the representative of the State in the department, or to the Nuclear Safety Authority, if the equipment is located within the perimeter of a basic nuclear facility as defined in Article L. 593-2, the degassing operations having occasionally resulted in a emission of more than 20 kilograms of refrigerant fluids or having resulted in in the calendar year of the accumulated emissions higher to » ;
16° Section R. 543-91 is replaced by the following provisions:
"Art. R. 543-91. -The distributors of refrigerant fluids provide their customers with containers to ensure the recovery of fluid waste and return the refrigerant fluids that are reported to them in these containers at no cost each year, within the limits of the overall tonnage of refrigerant fluids that they themselves distributed the previous year. They also collect freshly packagings containing refrigerant fluids within the limits of the number of packagings they distributed the previous year.
"Frigoriogenic fluid dispensers are required to resume the unused and unpacked refrigerant fluids that they have distributed and that are reported to them in their original packaging.
"The provisions of this Article shall not apply to wastes of recovered refrigerants either on the occasion of the dismantling of vehicles operated under the conditions provided for in sections R. 543-153 to R. 543-171, or as part of the treatment of waste of pre-loaded electrical and electronic equipment carried out under the conditions provided for in sections R. 543-172 to R. 543-206. » ;
17° After article R. 543-92, an article R. 543-93 was reinstated as follows:
"Art. R. 543-93.-Any person holding refrigerant fluids in the CFC category, including those contained in equipment, shall be discharged by 1 July 2016. These fluids are recovered in accordance with the provisions of this section.
"This section does not apply to CFCs contained in hermetic circuit equipment with no orifice to charge them in refrigerant fluid. » ;
18° In R. 543-94, the words "From May 8, 2008,", the word "additional" and the words "for each category of fluids" are deleted;
19° Section R. 543-96 is amended as follows:
(a) The words: "From May 8, 2008, compliance" are replaced by the words: "Compliance";
(b) The words: "used refrigerant fluids" are replaced by the words: "frigerent waste";
20° In R. 543-98, the words: "spouse of Ministers Responsible for the Environment and Industry" are replaced by the words: "the Minister responsible for the Environment";
21° In R. 543-105, the words: "spouse of ministers responsible for the environment, industry, equipment and transport respectively" are replaced by the words: "the Minister responsible for the environment";
22° The last paragraph of Article R. 543-106 is deleted;
23° In R. 543-107, the words: "spouse of ministers responsible, respectively, for industry, equipment, the environment, crafts and education" are replaced by the words "of the Minister responsible for the environment";
24° Section R. 543-108 is replaced by the following provisions:
"Art. R. 543-108.-The approval of the bodies responsible for issuing a certificate of capacity to the operators shall be granted for a maximum of five years by the Minister responsible for the environment.
"As of January 1, 2018, the issuance and maintenance of this accreditation are subject to accreditation, issued by the French Accreditation Committee (COFRAC) or by any other accreditation body signatory to the multilateral recognition agreement established by the European coordination of accreditation bodies (European Cooperation for Accreditation, EA) for the issuance of certificates of capacity, under the standard provided by an order of the Minister responsible for the environment. » ;
25° In R. 543-112, the words: "spouse of Ministers Responsible for the Environment and Industry" are replaced by the words: "the Minister responsible for the Environment";
26° In article R. 543-121, the words: "from industry" are deleted;
27° Article R. 543-123 is amended as follows:
(a) The first paragraph is preceded by the sign: "I.-";
(b) After 10°, six sub-items are added:
« 11° For a distributor of equipment, to dispose of pre-loaded equipment containing refrigerant fluids on an expensive or free basis to other persons than those mentioned in R. 543-84;
« 12° For a distributor of refrigerant fluids, not to keep the register referred to in R. 543-85;
« 13° For a distributor of equipment, not to keep the register referred to in R. 543-85;
« 14° For a producer, to put on the market of refrigerant fluids without evidence that trifluoromethane obtained as a by-product of manufacture was destroyed or recovered, in ignorance of Article 7, paragraph 2, of Regulation (EU) No 517/2014 of 16 April 2014;
« 15° For a distributor of equipment, to put on the market refrigerated or climatic equipment after their ban date specified in Schedule III of Regulation (EU) No 517/2014 of 16 April 2014, in breach of Article 11, paragraph 1, of the Regulations.
"II.-The recidivism of the contraventions provided for in this article shall be punishable in accordance with sections 132-11 and 132-15 of the Criminal Code. »
The Minister of Ecology, Sustainable Development and Energy and the Guard of Seals, Minister of Justice, are responsible, each with respect to it, for the execution of this decree, which will be published in the Official Journal of the French Republic.
Done on December 28, 2015.
Manuel Valls
By the Prime Minister:
Minister of Ecology, Sustainable Development and Energy,
Royal
The Seal Guard, Minister of Justice,
Christiane Taubira
