HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 152/40
EN
Official Journal of the European Union
13.6.2012
DECISIONS
COMMISSION DECISION
of 11 June 2012
concerning national provisions notified by Denmark on certain industrial greenhouse gases
(notified under document C(2012) 3717)
(Only the Danish text is authentic)
(2012/301/EU)
THE EUROPEAN COMMISSION,
their implications in terms of free circulation of
goods within the Union’s single market.
Having regard to the Treaty on the Functioning of the European
Union, and in particular Article 114(6) thereof,
(4) Denmark
has
had
national
provisions
on
certain
fluor
inated greenhouse gases since 2002 and notified those
provisions to the Commission in its letter of 2 June
2006. A general ban on the import, sale and use of
new products containing the covered F-gases is accom
Whereas:
panied by derogations specified in Annex I of the Order.
These derogations relate to a number of highly specific
applications and, for a number of more common appli
cations, are based on the quantity of greenhouse gases
used in the respective systems, thereby exempting for
(1) By
letter
of
13
February
2012
and
pursuant
to
instance refrigeration units, heat pumps or air
Article 114(4) of the Treaty on the Functioning of the
conditioning units with charges between 0,15 kg and
European Union (TFEU) the Kingdom of Denmark
10 kg as well as refrigeration systems for recovering
notified to the Commission that Denmark intends to
heat with a charge less or equal to 50 kg. Products for
maintain its national provisions on certain industrial
ships and military use as well as the use of SF
greenhouse gases which are more stringent than Regu

6 in high
voltage units are exempted. On 8 December 2006 the
lation (EC) No 842/2006 of the European Parliament and
Commission decided with reference to Article 95(6) TEC
of the Council of 17 May 2006 on certain fluorinated
(now Article 114(6) TFEU) to authorise Denmark to
greenhouse gases ( 1 ) beyond 31 December 2012, the end
maintain the provisions until 31 December 2012.
date of the authorisation by Commission Decision

2007/62/EC ( 2 ), adopted in accordance with Article 95(6)
of the Treaty establishing the European Community
(TEC) (now Article 114(6) TFEU).
(5)
Since the adoption of Decision 2007/62/EC the circum
stances justifying maintaining more stringent provisions,
as laid out in that decision, persist. The national rules
remain part of a broader strategy put in place by
(2) Regulation
(EC)
No
842/2006
on
certain
fluorinated
Denmark in order to meet its emission reduction target
greenhouse gases (F-gases) aims at preventing and
under the Kyoto Protocol and the subsequent burden
containing the emissions of certain F-gases (HFCs, PFCs
sharing agreement adopted at Union level. Under this
and SF 6 ) covered by the Kyoto Protocol. It also contains
arrangement, Denmark has undertaken to reduce its
a limited number of use bans and placing on the market
greenhouse gas emissions by 21 % over the 2008-2012
prohibitions when alternatives were considered available
period compared to the base year, 1990. The notified
and cost effective at Community level and where
measures are reported to have significantly contributed
improvement of containment and recovery were
to the reduction of HFC emissions in Denmark. In the
regarded as not feasible.
decisions adopted jointly by the European Parliament and
the Council on the effort of Member States to reduce
their greenhouse gas emissions to meet the Community’s
greenhouse gas emission reduction commitments up to
2020 (
(3) The
Regulation
has
a
double
legal
base,
Article
175(1)

3 ), Denmark has undertaken to further reduce
emissions by 20 % in 2020 compared to 2005 levels.
TEC (now Article 192(1) TFEU) with respect to all
provisions but Articles 7, 8 and 9, which are based
on Article 95 TEC (now Article 114 TFEU) due to
( 3 ) Decision No 406/2009/EC of the European Parliament and of the
Council of 23 April 2009 on the effort of Member States to reduce
their greenhouse gas emissions to meet the Community’s greenhouse
( 1 ) OJ L 161, 14.6.2006, p. 1.
gas emission reduction commitments up to 2020 (OJ L 140,
( 2 ) OJ L 32, 6.2.2007, p. 130.
5.6.2009, p. 136).

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EN
13.6.2012 Official
Journal
of
the
European
Union L
152/41
(6)
The derogations provided for in the Order, as well as the
— are likely to result in limited economic impact,
possibility to grant in very specific cases individual
exemptions from the general ban, ensure the propor
— are not a means of arbitrary discrimination,
tionality of the measure. Furthermore, it concerns only
new equipment and allows the use of F-gases for the
— do not constitute a disguised restriction on trade
servicing and maintenance of existing equipment so
between Member States, and
that unnecessary abandonment of equipment is avoided.
— are thus compatible with the Treaty.
(7)
While noting that the Order has implications on the free
circulation of goods within the Union, the provisions are
The Commission therefore considers that they can be
general and apply to national and imported products
approved.
alike. There is no evidence that the notified national
provisions have been or will be used as a means of
arbitrary discrimination between economic operators in
(10) The
Commission
may
at
any
moment
reassess
whether
the Union. In view of the risks for the environment
the conditions for the approval continue to be fulfilled.
resulting from the use of F-gases, the Commission
This may, in particular, become relevant in the case of
confirms its assessment that the notified national
substantial changes to Regulation (EC) No 842/2006 or
provisions do not constitute a disproportionate obstacle
to Decision No 406/2009/EC. Considering this possibility
to the functioning of the internal market in relation to
and the long term commitments of the EU and its
the pursued objectives, in particular considering the
Member States to reduce greenhouse gas emissions, a
conclusions of the recent assessment of the application,
limitation of the duration of the approval to a specific
effects and adequacy of Regulation (EC) No 842/2006 (
date is not deemed necessary,

1 )
that further measures for the reduction of F-gas
emissions are necessary to reach the agreed Union-wide
HAS ADOPTED THIS DECISION:
greenhouse gas emission targets.
Article 1
(8)
The Commission is of the opinion that the request by
The national provisions on certain fluorinated greenhouse gases,
Denmark, submitted on 13 February 2012, for main
which the Kingdom of Denmark notified to the Commission by
taining its national legislation more stringent than Regu
letter, dated 13 February 2012, and which are more stringent
lation (EC) No 842/2006 with respect to the placing on
than Regulation (EC) No 842/2006 with respect to the placing
the market of products and equipment containing, or
on the market of products and equipment containing, or whose
whose functioning relies upon, F-gases, is admissible.
functioning relies upon, F-gases, are hereby approved.
(9) Moreover,
the
Commission
confirms
its
Decision
Article 2
2007/62/EC that the national provisions in Order No
This Decision is addressed to the Kingdom of Denmark.
552 of 2 July 2002:
— meet needs on grounds of the protection of the
Done at Brussels, 11 June 2012.
environment,
For the Commission
— take into account the existence and technical and
economic availability of alternatives to the banned
Connie HEDEGAARD
applications in Denmark,
Member of the Commission
( 1 ) Report from the Commission on the application, effects and
adequacy of Regulation on certain fluorinated greenhouse gases
(Regulation (EC) No 842/2006), COM(2011) 581 final.

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