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Brussels , November 2024
TARIC data of export controlson fluorinated greenhouse gases
1. INTRODUCTION
Regulation (EU) 2024/573([1]) ('the Regulation') entered into force on 11 March 2024. Article 22 defines notably export provisions. This document details the TARIC data used for export provisions on fluorinated greenhouse gases.
The TARIC data was released on 15 October 2024. It enters into force on 15 January 2025.
1.1. Interpretation of Article 22
Article 22
1.The import and export of fluorinated greenhouse gases, and products and equipment containing those gases or whose functioning relies upon those gases shall be subject to the presentation of a valid licence to customs authorities issued by the Commission pursuant to Article 20(4) and (5), except in the case of temporary storage.
This paragraph does not apply to products and equipment that are personal effects.
2. Fluorinated greenhouse gases imported into the Union shall be considered as virgin gases.
3. From 12 March 2025 the export of foams, technical aerosols, stationary refrigeration and stationary air-conditioning equipment and stationary heat pumps as referred to in Annex IV that contain, or whose functioning relies upon, fluorinated greenhouse gases with a GWP of 1 000 or more shall be prohibited.
The prohibition set out in the first subparagraph shall not apply to military equipment or to products and equipment that can be placed on the market in the Union in accordance with Annex IV.
1.2. Summary
1.2.1. From 11/3/2024 until 12/3/2025
– Yellow part
· Export restriction – export of Fgases and product and equipment contain Fgases is subject to licence (which is in our case registration). All goods are concerned.
· Product and equipment for personal effect are exempted (we define the codes, depending on case)
1.2.2. From 12/3/2025
– Blue part – export prohibition
· Export of foams, technical aerosols stationary refrigeration and stationary air-conditioning equipment and stationary heat pumps as referred to in Annex IV with a GWP of 1 000 or more shall be prohibited from 12/3/2025.
· Military equipment from 1st paragraph is exempted or to IV equipment due to date of entering into force.
· These provisions are not detailed in this version of the document because of possible changes in the nomenclature. They will be detailed in a revision scheduled for the first quarter of 2025.
– Green part – Goods from Annex IV not yet under import prohibition (the dates of entering into force are in the future) of the acceptance date of the export declaration.
· Technical aerosols: 3307 49 00 10, 3506 99 90 91, 3808 91 10 10, 3808 94 90 10
· Stationary refrigeration: 8419 31 00, 8419 32 00, 8419 39 00 00, 8419 60 00 00, 8419 89 98 00, 8434 10 00 00, 8434 20 00 00, 8438 40 00 00, 8438 50 00 00, 8438 60 00 00, 8438 80 91 00, 8438 80 99 00
2. TARIC data
The TARIC document codes used for export are:
Y121: Tonnes of CO₂ equivalent of bulk gases and of gases contained in products or equipment, and parts thereof.
Y123: Undertaking registered in the F-Gas Portal according to Article 20 of Regulation (EU) 2024/573
Y154 - Exemption from import/export prohibition on containers, non-refillable or without refilling provisions, for fluorinated greenhouse gases, empty or fully or partially filled, for laboratory or analytical uses according to Article 11.3 of Regulation (EU) 2024/573
Y160: Goods other than those falling under the provisions of Regulation (EU) 2024/573
Y162: Exemption from the presentation of a valid licence to the customs authorities for the import or exports of products and equipment that are personal effects (Article 22(1), second subparagraph of Regulation (UE) 2024/573)
Y163: Net mass of fluorinated greenhouse gases charged in products and equipment.
Y164 - Goods labelled according to the provisions of Article 12, paragraph 8 of Regulation (EU) No 517/2014
The measure is called "Export control measure on fluorinated greenhouse gases".
In the examples below, "Act" means action. Action code 29 means that the export is allowed after control. Action code 09 means that the export is not allowed after control.
The data described below is valid until 11 March 2025 24:00.
2.1. Substances (100% matching: no "ex")
Commodity code: 2903 42 00 Difluoromethane (HFC-32) (Annex I, Section 1. - HFC’s Reg. 2024/573)
Cond Type | Cond Num | Cert | Act | Description | Comments |
Restriction Article | |||||
Y | 1 | Y123 | 29 | Undertaking registered in the F-Gas Portal | Licence - constitutes as a valid export licence |
Y | 90 | 09 | |||
Labelling | |||||
YA | 1 | Y164 | 29 | Labelling provisions | Article 12.8 Regulation No 517/2014 (valid until 31/12/2024) |
YA | 90 | 09 | |||
(Non) refillable containers | |||||
YB | 1 | Y154 | 29 | Laboratory exemption | Exemption from export prohibition for laboratory or analytical uses |
YB | 10 | Y160 | 29 | Goods other than... | Exporter declares that container is refillable and not falling under prohibition of the regulation |
YB | 90 | 09 | |||
Tonnes of CO2 equivalent | |||||
YC | 1 | Y121 | 29 | Tonnes of CO2 equivalent | tonnes of CO2 equivalent of bulk gases and of gases contained in products or equipment, and in parts |
YC | 90 | 09 |
TARIC document code Y123 – “Undertaking registered” – By virtue of Article 20(5) a valid registration in the F-Gas Portal at the moment of export constitutes a licence required under Article 22. The exporter must declare the registration reference from F-Gas Portal.
TARIC document code Y164 – refers to the export labelling requirements. The container in which the F-gas substance is intended to be exported must be labelled. The labelling provisions remain the same as prescribed by Reg. No 517/2014. (Article 12.8. imposes a labelling obligation for export) until 30/12/2024, and then the same provisions apply by virtue of article 12.9 of Regulation (EU) 2024/573.
TARIC document code Y154 – is used when an export exemption for export of non -refillable containers for laboratory or analytical uses of fluorinated greenhouse gases applies. Otherwise, export of non-refillable containers for fluorinated greenhouse gases listed in Annex I and in Section 1 of Annex II empty, or fully or partially filled shall be prohibited Article 11(3).
TARIC document code Y121 - the exporter is required to declare the tonnes of CO2 equivalent of bulk gases and of gases contained in products or equipment, and in parts thereof in the relevant Data Element (DE) in the export customs declaration.
TARIC document code Y160 - is used when the declared goods are not falling under the provisions of Regulation (EU) 2024/573. In this case, it is used here to declare that the container is refillable.
2.2. Substances – ex codes
Commodity code: ex 2903 49 90 (Other halogenated derivatives of hydrocarbons)
Cond Type | Cond Num | Cert | Act | Description | Comments |
Restriction Article |
| ||||
Y | 1 | Y123 | 29 | Undertaking registered |
|
Y | 10 | Y160 |
| Goods other than … | Ex goods |
Y | 90 |
| 09 |
|
|
Labelling article 12(9) |
| ||||
YA | 1 | Y164 | 29 | Labelling provisions |
|
YA | 10 | Y160 |
| Goods other than … | Ex goods |
YA | 90 |
| 09 |
|
|
(Non) refillable containers |
| ||||
YB | 1 | Y154 | 29 | Laboratory exemption |
|
YB | 10 | Y160 |
| Goods other than … | Ex goods |
YB | 90 |
| 09 |
|
|
Tonnes of CO2 equivalent |
| ||||
YC | 1 | Y121 | 29 | Tonnes of CO2 equivalent |
|
YC | 10 | Y160 |
| Goods other than … | Ex goods |
YC | 90 |
| 09 |
|
|
The use of TARIC document codes Y123, Y164, Y154 Y121 and Y160 remain the same as in the example without "ex" above.
The only difference is that Y160 is also used in this case for goods classified falling outside the scope of the regulation but classified under the same commodity codes as goods impacted by the regulation. These are named "ex" codes because the goods impacted are only an extract from the goods classified under the commodity code.
2.3. Equipment: ex code
This applies for commodities that cannot qualify as personal effects.
Commodity code: ex 8476 21 00 Automatic beverage-vending machines Incorporating heating or refrigerating devices.
Cond Type | Cond Num | Cert | Act | Description | Comments |
Restriction Article |
| ||||
Y | 1 | Y123 | 29 | Undertaking registered |
|
Y | 10 | Y160 | 29 | Goods other than |
|
Y | 90 |
| 09 |
|
|
Labelling |
| ||||
YA | 1 | Y164 | 29 | Labelling provisions |
|
YA | 10 | Y160 | 29 | Goods other than |
|
YA | 90 |
| 09 |
|
|
Tonnes of CO2 equivalent |
| ||||
YB | 1 | Y121 | 29 | Tonnes of CO2 equivalent |
|
YB | 10 | Y160 | 29 | Goods other than |
|
YB | 90 |
| 09 |
|
|
Net mass of Fgas |
| ||||
YC | 1 | Y163 | 29 | Net mass of Fgas |
|
YC | 10 | Y160 | 29 | Goods other than |
|
YC | 90 |
| 09 |
|
|
The use of TARIC document codes Y123, Y164, Y121 and Y160 remain the same as in the first 2 examples.
TARIC document code Y163 - the exporter is required to declare the net mass of bulk gases and of gases contained in products and equipment, and in parts thereof in the relevant Data Element (DE) in the export customs declaration.
2.4. Equipment: ex code (personal effects)
This applies for commodities that can qualify as personal effects.
Commodity code: ex 8424 10 00 Fire extinguishers, whether or not charged.
The logic is the same as for the previous example, except for the personal effect exemption.
Cond Type | Cond Num | Cert | Act | Description | Comments |
Restriction Article |
| ||||
Y | 1 | Y123 | 29 | Undertaking registered |
|
Y | 10 | Y160 | 29 | Goods other than... |
|
Y | 20 | Y162 | 29 | Personal effects |
|
Y | 90 |
| 09 |
|
|
Labelling |
| ||||
YA | 1 | Y164 | 29 | Labelling provisions |
|
YA | 10 | Y160 | 29 | Goods other than... |
|
YA | 20 | Y162 | 29 | Personal effects |
|
YA | 90 |
| 09 |
|
|
Tonnes of CO2 equivalent |
| ||||
YB | 1 | Y121 | 29 | Tonnes of CO2 equivalent |
|
YB | 10 | Y160 | 29 | Goods other than... |
|
YB | 20 | Y162 | 29 | Personal effects |
|
YB | 90 |
| 09 |
|
|
Net mass of Fgas |
| ||||
YC | 1 | Y163 | 29 | Net mass of Fgas |
|
YC | 10 | Y160 | 29 | Goods other than... |
|
YC | 20 | Y162 | 29 | Personal effects |
|
YC | 90 |
| 09 |
|
|
The use of TARIC document codes Y123, Y164, Y121, 160 and Y163 remain the same as in the first two examples.
TARIC document code Y162 is used when the exported goods are falling under the provisions of Regulation (EU) 2024/573, but they are considered as products and equipment that are personal effect, and therefore exempted from the provisions of Regulation (EU) 2024/573 (Article 22(1) the second subparagraph). Only a limited number of commodity codes are eligible to this exemption due to the nature and characteristics of the product.
2.5. Empty containers
Commodity code: ex 7310 00 00 Tanks, casks, drums, cans, boxes and similar containers, for any material (other than compressed or liquefied gas), of iron or steel, of a capacity not exceeding 300 l, whether or not lined or heat-insulated, but not fitted with mechanical or thermal equipment.
These cases are always "ex" because empty containers can be intended to store other substances that those impacted by Regulation (EU) 2024/573.
Cond Type | Cond Num | Cert | Act | Description | Comments |
(Non) refillable containers |
| ||||
Y | 1 | Y154 | 29 | Laboratory exemption |
|
Y | 10 | Y160 |
| Goods other than … | Ex goods |
Y | 90 |
| 09 |
|
|
The export of an empty non-refillable container for fluorinated greenhouse gases is prohibited, except in case of laboratory or analytical uses when TARIC document code Y154 is declared.
TARIC document code Y160 is used to declare that the empty container declared for export is not falling under the provisions of Regulation (EU) 2024/573 and therefore not subject to export prohibition, either because the container is not intended for F-gases or because it is refillable.
2.6. Footnote
Footnote CD918 is associated to all export measures.
CD918 | By virtue of Article 22 (1) of Regulation (EU) 2024/573 export of fluorinated greenhouse gases, and products and equipment containing those gases or whose functioning relies upon those gases shall be subject to the presentation of a valid licence to customs authorities issued by the Commission pursuant to Article 20(4) and (5). By virtue of Article 20(5) a valid registration in the F-Gas Portal at the moment of export constitutes a licence required under Article 22. By virtue of Article 22 (2) the provisions from Article 22 (1) do not apply to products and equipment that are personal effects. By virtue of Article 11(3) export of non-refillable containers for fluorinated greenhouse gases listed in Annex I and in Section 1 of Annex II empty, or fully or partially filled, shall be prohibited. Such containers may only be stored or transported for subsequent disposal. The containers for laboratory or analytical uses of fluorinated greenhouse gases are excluded from export prohibition (Article 11(3)). By virtue of Article 12.8. of Reg. No 517/2014 containers containing fluorinated greenhouse gases listed in Annex I and intended for direct export shall be labelled with an indication that the contents of the container are for direct export only. The information listed in Article 23.3(a) to (d) of Regulation (EU) 2024/573 shall be provided to customs authorities, where relevant, in the customs declaration. |
([1]) Regulation (EU) 2024/573 of the European Parliament and of the Council of 7 February 2024 on fluorinated greenhouse gases, amending Directive (EU) 2019/1937 and repealing Regulation (EU) No 517/2014
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