The Malta Competition and Consumer Affairs Authority (MCCAA), in collaboration with the Customs Department, would like to inform all economic operators importing fluorinated greenhouse gases (Fgases) and hydrofluorocarbons (HFCs) either in bulk or in white goods and other commodities, to ensure compliance with Legal Notice Number 143/2018 implementing the provisions of Regulation (EU) No. 517/2014 of the European Parliament and of the Council of the 16^th April 2014.  (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)

Importers and/or their representatives must ensure that:

1. their companies are registered in the F-Gas Portal System of DG Clima of the European Union;
2. they call at the Taric and Quota Unit of the Customs department, Customs Annex B (top floor), Lascaris Wharf, Valletta or send an email with scanned documents ([email protected]) to have their import declaration and supporting documents checked against the F-gas portal of DG Clima to verify that the amounts of the gases to be imported are within the quotas permitted by the said EU Directorate;
3. a Declaration of Conformity is to accompany the import declaration together with the other supporting documents.  The code C057 denoting this declaration is to be inserted in box 44 of the import declaration.
4. It must not be attempted to place in free circulation prohibited products listed under Annex III of the regulation. Any importation of certain items that normally do not contain any fgases, like for example, normal shoes, should be accompanied by a declaration on the company’s letterhead stating that the commodity being imported against the specified import declaration number does not contain any fgases.
5. installation, servicing, maintenance, repair or decommissioning of AC equipment must be carried out by certified personnel that are approved by MCCAA and precautionary measures must be taken to ensure the prevention of emissions of fluorinated greenhouse gases;
6. copies of records relating to fluorinated greenhouse gases must be kept for a minimum of five years;
7. the recovery of any residual gases must be taken by the economic operator, ensuring its recyclability, reclamation or destruction;
8. selling/purchasing fluorinated greenhouse gases may only be done if the company/undertaking employs personnel holding relevant certificates or the relevant training;
9. importers shall ensure that products and equipment that contain, or whose functioning relies upon, fluorinated greenhouse gases are not on the market unless they are labelled.  Importers should also insert the code C057 in box 44 of the import declaration denoting that the products are labelled;
10. producers or importers of more than 100 tonnes CO2 equivalent shall ensure that the quantity of hydrofluorocarbons does not exceed their respective quota allocated;
11. where hydrofluorocarbons contained inside imported equipment placed on the market, importers shall submit to the Commission a verification document;
12.  in the case where 10,000 tons of CO2 equivalent or more of hydrofluorocarbons were placed during the preceding calendar year, the accuracy of the data must be verified by an independent auditor;
13.  Economic operators found to be exceeding the quota for placing hydrofluorocarbons on the market, may only be allocated a reduced quota allocation for the allocation period after the excess has been detected.

For additional clarifications, you are kindly being requested to contact the Customs Taric & Quotas Unit (Tel: 25685167) or send an email to [email protected].

Alan Mamo

Director Compliance & Systems