Turkey Implements New F-Gas Regulation

This blog was originally posted on 24th October, 2024. Further regulatory developments may have occurred after publication. To keep up-to-date with the latest compliance news, sign up to our newsletter.

AUTHORED BY DILA SEN, REGULATORY COMPLIANCE SPECIALIST, COMPLIANCE & RISKS

On October 15, 2024, the Turkish Ministry of Environment, Urbanization and Climate Change published a Regulation that implements the Kigali Amendment to the Montreal Protocol on substances that deplete the ozone layer. This Regulation is modeled on Directive (EU) 517/2014 on fluorinated greenhouse gasses and Regulation (EU) 2024/573 which is the recast of F-Gas Regulation (EU) No 517/2014.

Directive (EU) 517/2014 was initially implemented by the Turkish Regulation on Fluorinated Greenhouse Gases, published in the Official Turkish Gazette on 4 January 2018 and numbered 30921. However, this new Regulation repeals that Regulation, as it was deemed to be not fully compliant with the aforementioned EU Directive. In addition, another Turkish Regulation on Fluorinated Greenhouse Gases, published in the Official Turkish Gazette on June 29, 2022 and numbered 31881 is also repealed by this latest Regulation.

The new Regulation establishes the procedures and principles regarding the management of fluorinated greenhouse gases and other fluorinated substances in order to control the emission of fluorinated greenhouse gases partially within the scope of the Montreal Protocol on substances that deplete the ozone layer.

Scope

The Regulation includes:

Rules regarding collection, labelling, leakage control, reporting, placing on the market, import, export, data collection, quota distribution, recovery, recycling, and reclamation and destruction of fluorinated greenhouse gases, as well as other fluorinated substances, including those in products and equipment;
Information regarding the training and certification of those people who work with equipment that contains, or whose functioning relies upon, fluorinated greenhouse gases.

This regulation does not cover the recovery of fluorinated greenhouse gases from air conditioning equipment in motor vehicles.

Prohibitions

Article 6 outlines the requirements for handling fluorinated greenhouse gases and other fluorinated substances, emphasizing proper disposal, reclamation, and destruction methods, as well as licensing requirements for facilities handling these substances.

According to this Article, the following actions regarding fluorinated greenhouse gases and other fluorinated substances are prohibited:

Disposal of products, equipment, or containers containing fluorinated greenhouse gases or other fluorinated substances without proper recovery, except for those used as blowing agents in foam products or appliance foam insulation;
Release into the atmosphere.

Equipment Operators Central Database (EKOMVET)

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 following equipment:

Stationary refrigeration equipment;
Air-conditioning equipment;
Heat pump equipment;
Stationary fire protection equipment;
Refrigeration units of refrigerated trucks and trailers;
Organic Rankine Cycles that contain fluorinated greenhouse gases in quantities of 5 tonnes of CO2 equivalent or more; and
Electrical switchgear containing 6 kg or more of fluorinated greenhouse gases in a single compartment or in any part separated from other parts.

It is also mandatory to enter information about leak checks in the Equipment Operators Central Database (EKOMVET). According to Article 12, these leak checks shall be carried out at the frequency indicated, depending upon fluorinated gas levels and whether or not a leak detection system is installed in the equipment.

Reporting & Verification of Reports Regarding Fluorinated Greenhouse Gases or Other Fluorinated Substances

According to Articles 8 and 13 of the Regulation, the following real or legal persons are obligated to register to the Activity Reports Database (FARAVET):

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;
Those who ensure the reclamation or destruction, recovery, recycling, or rehabilitation of fluorinated greenhouse gases or other fluorinated substances.

These obligations do not cover maintenance or technical service processes. Every year, activities related to the previous year must be reported by April 30 through FARAVET. The Presidency may extend this date by up to 2 months.

Labelling of Containers and Products or Equipment Containing Fluorinated Greenhouse Gases

According to Article 11 of the Regulation, containers and products or equipment that contain fluorinated greenhouse gases are to be labelled in accordance with the procedures and principles in the Regulation on Classification, Labelling and Packaging (CLP) of Substances and Mixtures dated December 11, 2013 and numbered 28848 (bis).

The label shall contain the required information, in indelible form, and be placed on a visible area of the product or equipment. This information should be distinguishable from the background of the label and must be clearly legible in size and range.

Single-use containers containing fluorinated greenhouse gases are generally prohibited from being placed on the market when intended for maintenance or technical service, filling of cooling, air-conditioning, heat pump, fire protection, and electrical switchgear equipment, or for use with solvents.

Products or equipment listed in Annex 3 are banned from market placement.

Per the Regulation, placing specified products and equipment on the market is prohibited as of the established dates. The following are some examples:

Freezers for commercial use and refrigerators (hermetically sealed equipment) that contain HFCs with Global Warming Potential (GWP) of 2500 or more from January 1, 2027 and that contain HFCs with GWP of 150 or more as of January 1, 2031
Stationary refrigeration equipment that contains or whose functioning relies upon HFCs with GWP of 2500 or more (except as specified) from January 1, 2027
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 January 1, 2027
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 as of January 1, 2027,

The prohibitions do not apply to products and equipment placed on the market for mandatory usage areas.