Ozone Layer And Climate Protection Unit (OLCPU)
The primary objective of the OLCPU is to ensure the implementation of Poland’s obligations under the Montreal Protocol and European and national regulations on ozone-depleting substances (ODS) and fluorinated greenhouse gases (F-gases).
OLCPU operates in the Łukasiewicz Research Network – Industrial Chemistry Institute, performing the Institute’s tasks as a specialized unit indicated in Article 17 of the Law on Substances that Deplete the Ozone Layer and Certain Fluorinated Greenhouse Gases of May 15, 2015.
Scope of activities (pursuant to Article 16 of the Act as above)
→ Maintenance of the Central Register of Operators of Fire Protection Equipment and Systems (CRO);
→ Preparation of analyses and studies of the data contained in:
∗ CRO;
∗ aggregate statements referred to in Article 14, paragraph 10 of the Act;
→ Maintain the database referred to in Article 41, paragraph 1 of the Act, and prepare analyses and studies of the data submitted to the database and the data contained in the aggregate statements referred to in Article 40, paragraph 6 and Article 41, paragraph 5 of the Act;
→ Implementation of current recommendations of the European Union on controlled substances and fluorinated greenhouse gases, including in particular:
∗ analyzing and giving opinions on materials on controlled substances and fluorinated greenhouse gases submitted and published by the European Commission or other European Union bodies;
∗ acting as a focal point for national entities and the European Commission, including collecting copies of reports submitted by entities in accordance with the Commission’s requirements, as well as preparing an analysis of the data contained therein;
∗ preparation of reports and documentation resulting from European Union regulations and required for transmission to the European Commission or other European Union bodies;
∗ opracowywanie informacji, o których mowa w art. 26 ust. 1 rozporządzenia (WE) nr 1005/2009, wymaganych do przekazania do Komisji Europejskiej;
→ To give an opinion on the requests for exceptions referred to in Article 6 of the Law;
→ Preparation of analyses and studies at the request of public administration bodies other than the minister responsible for the environment, as well as organizations of economic self-government and employers’ organizations.
News
Supplemental information for importers of bulk HFC
We would like to remind you that according to Regulation 2024/573, as of March 11 this year, only “old importers” of HFCs (reference value holders) have the right to transfer all or part of their quota to other entities registered on the F-gas portal as importers of HFCs in bulk. At the same time, we would like to inform you that according to the European Commission’s interpretation, entities receiving quota by transfer do not need to demonstrate 3 years of experience in the chemical trade or in servicing refrigeration, air conditioning or heat pump equipment or fire protection equipment.
(18 VII 2024)
September 16 – International Day for the Protection of the Ozone Layer
September 16, 2024 marks International Day for the Protection of the Ozone Layer, established in honor of the signing of the Montreal Protocol (PM) on Substances that Deplete the Ozone Layer (POPs) in 1987.
This year’s theme for the anniversary is “Advancing Climate Action.” This theme emphasizes the need to raise awareness not only of the protection of the ozone layer, but also of the important role of the Montreal Protocol’s provisions in the fight against climate change. Another anniversary reminds us of what we have achieved and looks ahead to what else we can accomplish.
The withdrawal of ODS under the PM has been effective in curbing the growth of the greenhouse effect. The Kigali Amendments to the Montreal Protocol could prevent the Earth’s temperature from rising by as much as 1°C by the end of the century, provided it was ratified by all countries of the world, fully implemented, and included energy efficiency measures. This effect could be achieved by phasing out hydrofluorocarbons (HFCs), greenhouse gases used as replacements for HAPs. Hydrofluorocarbons (HFCs) have a high or very high global warming potential (GWP), which makes them dangerous substances for the climate.
Detailed information and materials on the celebration of the International Day for the Protection of the Ozone Layer, prepared by the UNEP Ozone Secretariat, are available at https://ozone.unep.org/ozone-day/montreal-protocol-advancing-climate-action
(19 VI 2024)
Draft regulation implementing the new Regulation (EU) 2024/573 of the European Parliament and the Council on fluorinated greenhouse gases for registration on the F-gas portal.
The European Commission has published another draft implementing regulation for the new Regulation (EU) 2024/573 of the European Parliament and of the Council on fluorinated greenhouse gases for registration on the F-gas portal and repeal of implementing Regulation 2019/661.
The draft regulation is available at:
F-gases – amendment of the rules for the functioning of the F-gas portal (europa.eu).
We would like to inform you that you can provide comments on the above-mentioned draft regulation to the European Commission until 11.07.2024.
(14 VI 2024)
Information on the provisions of the new Environmental Penalty Directive No. 2024/1203 of April 11, 2024 regarding ODS and F-gases.
We would like to inform you that a new Environmental Penalty Directive No. 2024/1203, dated April 11, 2024, has been published, available at the link https://eur-lex.europa.eu/legal-content/PL/ALL/?uri=CELEX:32024L1203 , which, among other things, includes provisions on penalties for non-compliance with certain provisions of the new EU Regulations on HAPs (No. 2024/590) and on F-gases (No. 2024/573).
Incompatible with the provisions of the regulations of the aforementioned. the following activities: The production, marketing, import, export, use or release of HAPs or F-gases, either singly or in mixtures, as well as the production, marketing, import, export or use of products and equipment and parts thereof containing HAPs or F-gases or whose operation depends on these substances or gases, and the putting into use of products and equipment containing or dependent on F-gases constitute (if committed unlawfully and intentionally) an offense punishable by a maximum term of imprisonment of at least five years. Individuals committing such an offense will be subject to additional criminal or non-criminal sanctions or measures. For legal entities, there is a fine of either 5% of the total worldwide turnover of such legal entity in the fiscal year preceding the year of the offense or in the fiscal year preceding the year of the decision to impose the fine, or an amount equivalent to €40,000,000.
(15 V 2024)
Supplemental information for importers of HFCs in bulk and in equipment part II.
→In the case of transit, it is not necessary to have a quota or authorization to use the quota, while registration of the entity on the F-gas Portal is required. An error in F-gas Regulation No. 2024/573 Article 23(2) t.i.e. requiring in the case of transit of F-gases in bulk or in equipment to have a quota or authorization to use the quota, respectively, will be corrected.
→ Registration on the F-gas Portal (equivalent to holding a license) is required for the import, export and transit of any quantity of any F-gas in bulk or in a device.
(9 IV 2024)
Supplemental information for importers of HFCs in bulk and in equipment part I
Due to the entry into force of EP and Council Regulation (EU) No. 2024/573 on fluorinated greenhouse gases, amending Directive (EU) 2019/1937 and repealing Regulation (EU) No. 517/2014 on March 11, it is from this date:
→ importers of any quantity of HFCs in bulk are required to have a quota for importing HFCs from outside the EU,
→ importers of HFCs in refrigeration, air-conditioning and heat pump equipment are required to have quota utilization authorization if they import 10 t CO2 eq HFCs or more in such equipment during a given calendar year.
(12 III 2024)
ODS
ODS are chemicals that are derivatives of aliphatic hydrocarbons (methane, ethane and propane) containing chlorine and/or bromine atoms and, most often, also fluorine, and exhibit ozone depleting potential (ODP).
F-gases
Fluorinated greenhouse gases (HFCs, PFCs and SF6) are chemicals that contain fluorine in their molecule and have a high or very high global warming potential (GWP), which is 140 times to – nearly 23,000 times the GWP of CO2
Contingents
Information for importers of bulk HFCs
The European Commission has announced that from May 1 until 11:59 p.m. on June 1, 2024, declarations will be available on the F-gas portal for obtaining the 2025-2027 quota for bulk HFC imports, or (for importers with reference values allocated for that period) declarations for any increase in the quota resulting from those reference values. The Commission will no longer advertise the call for declarations in the Official Journal of the EU.
According to the new EP and Council Regulation (EU) 2024/573, which enters into force on March 11, 2024, and which replaces EP and Council Regulation (EU) 517/2014, the quota allocated for 2025 is not subject to a fee, while the fee beyond the quota allocated for 2026 will be €3/ton of CO2 eq. New importers (i.e., entities without reference values for the time being) will not be able to transfer their HFC bulk import quotas to other HFC bulk importers or to importers of HFCs in equipment.
Quotas shall be allocated only to manufacturers or importers who are established in the territory of the Union or who have appointed an exclusive representative established in the territory of the Union, who shall bear full responsibility beyond compliance with this Regulation and the requirements of Title II of Regulation (EC) No. 1907/2006 (REACH Regulation).
An exclusive representative may be a representative designated under Article 8 of Regulation (EC) No. 1907/2006. Only importers who have experience in trading chemicals or servicing refrigeration, air conditioning, or fire protection or heat pump equipment for 3 consecutive years prior to the quota allocation period may make the declaration referred to above or receive a quota allocation on that basis. Producers and importers shall submit evidence of this fact upon request by the Commission. For registration on the F-gas portal, importers shall provide the address of their registered office where they operate. Only one entity may be registered at the same address. For the purpose of submitting the quota declaration and receiving the quota allocation, and for the purpose of determining the reference value, all entities having the same beneficial owner shall be considered other than one entity. Only the one entity that is registered in the F-gas portal first shall be entitled to the reference value and the quota allocation unless the real beneficiary indicates otherwise.
(27 II 2024)
Assignment of reference values for each importer and manufacturer for placing HFCs on the EU market
Please be informed that the European Commission, having regard in particular to Article 16(3) of Regulation (EU) No 517/2014 of the European Parliament and of the Council of April 16, 2014 on fluorinated greenhouse gases and repealing Regulation (EC) No 842/2006, for the purpose of quota allocation, has published COMMISSION IMPLEMENTING DECISION (EU) 2023/2432 allocating reference values to each importer and manufacturer for the legal placing of hydrofluorocarbons (HFCs) on the Union market [ to download here]. The decision applies from January 1, 2024 to December 31, 2024. [download here] .
(29 XI 2023)
Declarations for 2024 HFC import quotas.
We would like to inform you that the European Commission has already published a notice of the possibility to submit declarations on the F-gas Portal for the allocation of a quota entitling to import HFCs in bulk in 2024 from outside the European Union if the imported volume of HFCs (including mixtures) amounts to 100 t CO2 eq or more per year [download here]. Declarations can be submitted from 06.03.2023 to 05.04.2023 until 13:00 by importers who are already registered on the F-Gas Portal or have submitted the relevant registration application before 20.02.2023. Importers who have not fulfilled this obligation will not be eligible to be considered by the Commission for the distribution of the aforementioned quotas. As a reminder, the quota allocated for 2023 must be used (the date of marketing in the EU, i.e. in practice the date of customs release, applies) by 31.12.2023.
(24 I 2023)
Contact
Head
Eliza Oksiuta, M. Sc. Eng.
phone +48 517 883 180
eliza.oksiuta@ichp.lukasiewicz.gov.pl
Marlena Gołębiewska, M. Sc. Eng.
phone +48 517 883 178
marlena.golebiewska@ichp.lukasiewicz.gov.pl
Karolina Kulińska, Eng.
phone +48 517 883 179
karolina.kulinska@ichp.lukasiewicz.gov.pl
bowoik@ichp.lukasiewicz.gov.pl
Information on the Central Register of Operators of Fire Protection Equipment and Systems (CRO) can be found here: www.cro.ichp.pl
Information on the Reporting Database (BDS) on ODS and FGC is available here: www.bds.ichp.pl
(If the CRO or BDS login page appears after typing one of the aforementioned addresses, rather than the CRO or BDS information page, clear your browser history and retype the address)
contact: kontakt.cro@ichp.lukasiewicz.gov.pl lub kontakt.bds@ichp.lukasiewicz.gov.pl
phone +48 517 883 178, +48 517 883 179, +48 517 883 180, +48 500 433 297
