Regulation on Fluorinated Greenhouse Gases

The Regulation on Fluorinated Greenhouse Gases (Regulation) was published in the Official Gazette dated 15.10.2024 and numbered 32693. The Regulation on Fluorinated Greenhouse Gases published in the Official Gazette dated 29.06.2022 and numbered 31881 was repealed. The Regulation was prepared within the framework of harmonization with the European Union legislation and aims to regulate the procedures and principles regarding the management of fluorinated greenhouse gases and other fluorinated substances to control the emission of fluorinated greenhouse gases under the Montréal Protocol on Substances that Deplete the Ozone Layer to which Türkiye is a party.

Significant issues in the Regulation are summarized below:

• Quota allocation to enterprises for imports of fluorinated greenhouse gases continues. For quota allocation, enterprises that have imported hydrofluorocarbons for a total of 3 years or more in the last 5 years before the year in which the quota will be used, according to the data entered in the Database of Activity Reports (FARAVET), are considered as established enterprises; and enterprises that have imported hydrofluorocarbons for less than 3 years in the last 5 years before the year in which the quota will be used, according to the data entered in FARAVET, are considered as new participant enterprises. 
• Hydrofluorocarbon control certificate is not required for the import of hydrofluorocarbons provided that they are exported under the Inward Processing Regime Decree put into force by the Decree of the Council of Ministers dated 17.01.2005 and numbered 2005/8391, but the importer must be registered in the FARAVET system.
• Facilities that will treat waste hydrofluorocarbons produced when the product and/or equipment is removed from service, when the container has completed its lifecycle, during maintenance or technical service and which are not suitable for reuse, are obliged to obtain a license on fluorinated greenhouse gas treatment within the scope of the Environmental Permit and License Regulation. Technologies for the disposal of waste hydrofluorocarbons are listed in the annex of the Regulation.
• The provision of the Regulation regarding recognition as an established enterprise or new participant enterprise and the exception introduced within the scope of the inward processing regime will enter into force on 01.01.2025. Other provisions of the Regulation entered into force on the date of publication.