LAW (No.2, date 26.01.2022) “On Fluorinated Greenhouse Gases

Based on articles 78 and 83, paragraph 1, of the Constitution, upon the proposal of the Council of Ministers,

THE ASSEMBLY

OF THE REPUBLIC OF ALBANIA

DECIDED:

CHAPTER I

GENERAL PROVISIONS

Article 1

Purpose

The aim of this law is to protect the environment by reducing emissions of fluorinated greenhouse gases.

Article 2

Objectives and principles

This law defines:

rules for the import, export, processing, collection, recovery, recycling, destruction, dismantling, transport, storage, placing on the market of fluorinated greenhouse gases and equipment containing, or whose operation relies on these gases;
conditions on the placing on the market of specific products and equipment that contain, or whose functioning relies upon, fluorinated greenhouse gases;
conditions on specific uses of fluorinated greenhouse gases;
quantitative limits for the placing on the market of hydrofluorocarbons;
the requirements for licensing and authorization of undertakings operating in the market with fluorinated greenhouse gases and equipment containing these gases.
requirements for training and certification of operators by the accredited body for person certification.

The objectives set out in point 1 of this article are implemented in function of the following principles:

The principle of shared but differentiated responsibilities, according to which all parties to the Kigal Amendment to the Montreal Protocol, whether developing or developed countries, take responsibility for reducing fluorinated greenhouse gases under the terms of each country and within the new economic and political situation created;
The principle of precaution, according to which measures must be taken, first, to anticipate, prevent or minimize the problems of human health and the environment against the harmful effects that result or are likely to result from human activity which alters or is likely to dilute the ozone layer;
The principle of efficiency, according to which policies and measures taken to reduce fluorinated greenhouse gases must be cost-effective, in such a way as to ensure global benefits at the lowest possible costs;
The principle of sustainable development, according to which measures for the protection of the climate system from anthropogenic changes integrated in the national development policy and programs should lead to sustainable economic and social growth and development of the country;
The principle of national and international cooperation and financing, according to which efforts to reduce greenhouse gases can be made jointly and in coordination with other interested countries and, in addition to the state budget, be supported by international funding sources or bilateral.

Article 3

Definitions

In this law, the following terms are defined as:

“Authorization” is the administrative act, which recognizes its holder the right to perform one or several actions, in accordance with the conditions set out in it, according to the legislation in force on licenses, authorizations and permits in the Republic of Albania;
“Technical aerosol” means an aerosol dispenser used in maintaining, repairing, cleaning, testing, disinsecting and manufacturing products and equipment, installing equipment, and in other applications;
“Organic Rankine cycle” means a cycle containing condensable fluorinated greenhouse gas converting heat from a heat source into power for the generation of electric or mechanical energy;
“Certificate” is the official document, which is issued by a certification body / accredited person, in accordance with the ISO / IEC 17024 standard, which demonstrates that the person meets the requirements of the certification scheme;
“Decommissioning” is the final shut-down and removal from operation or usage of a product or piece of equipment containing fluorinated greenhouse gases;
“Fluorinated greenhouse gases” are the hydrofluorocarbons, perfluorocarbons, sulphur hexafluoride and other greenhouse gases that contain fluorine, listed in Annex I, or mixtures containing any of those substances;
“Sulphur hexafluoride” or “SF6” means the substance listed in section 3 of Annex I, or mixtures containing that substance;
“Hydrofluorocarbons” or “HFCs” means the substances listed in section 1 of Annex I, or mixtures containing any of those substances;
“Installation” means joining two or more pieces of equipment or circuits containing or designed to contain fluorinated greenhouse gases, with a view to assembling a system in the location where it will be operated, that entails joining together gas carrying conductors of a system to complete a circuit irrespective of the need to charge the system after assembly;
“Refrigerated truck” means a motor vehicle with a mass of more than 3,5 tonnes that is designed and constructed primarily to carry goods and that is equipped with a refrigeration unit;
“Container” means a product which is designed primarily for transporting or storing fluorinated greenhouse gases;
“A non-refillable container” means a container which cannot be refilled without being adapted for that purpose or is placed on the market without provision having been made for its return for refilling;
“Annual quota” means the maximum amount of fluorinated greenhouse gases that will be imported in the Republic of Albania, pursuant to the obligations under the Montreal protocol, adopted by the Republic of Albania with law no. 8463, dated 10.3.1999 “On the accession of the Republic of Albania to the Vienna Convention” On the protection of the ozone layer “and the Montreal Protocol” On substances that deplete the ozone layer”;
“Electrical switchgear” means switching devices and their combination with associated control, measuring, protective and regulating equipment, and assemblies of such devices and equipment with associated interconnections, accessories, enclosures and supporting structures, intended for usage in connection with the generation, transmission, distribution and conversion of electric energy;
“Environmental permit” has the same meaning as provided in the relevant law which regulate the environmental permits;
“License” is an administrative act, which recognizes its holder the right to start and exercise the type of activity, in accordance with the conditions set out in it, issued according to the legislation in force for licenses, authorizations and permits in the Republic of Albania, and it is included in category III. 3 of its annex;
“Feedstock” means any fluorinated greenhouse gas, or substance listed in Annex II, that undergoes chemical transformation in a process in which it is entirely converted from its original composition and its emissions are insignificant;
“Maintenance or service” means all activities, excluding recovery and flow control, involving circuit breakdown, which contain or are designed to contain fluorinated greenhouse gases, in particular supplying the system with fluorinated greenhouse gases, removing one or more parts of the circuit or device, reassembling two or more parts of the circuit or equipment, and repairing leaks;
“Ministry”, means the ministry responsible for the environment;
“Minister”, means the minister responsible for the environment;
“The “National Ozone Unit” means the insitution responsible for monitoring the implementation of the requirements of the Montreal Protocol at national level, with the financial support of the Ozone Secretariat;
“Operator” means the natural or legal person who is responsible for the operation and technical functioning of products and equipment covered by this Law;
“Mobile” means a moving device during operation;
“Stationary equipment” means not normally in transit during operation and includes moveable room air-conditioning appliances;
“Fire protection equipment” means the equipment and systems utilised in fire prevention or suppression applications and includes fire extinguishers;
“Military equipment” mean arms, munitions and war material intended specifically for military purposes which are necessary for the protection of the essential interests of the security of the country;
“Multipack centralised refrigeration systems” means systems with two or more compressors operated in parallel, which are connected to one or more common condensers and to a number of cooling devices such as display cases, cabinets, freezers or to chilled store rooms;
“Perfluorocarbons” or “PFCs” means the substances listed in section 2 of Annex I, or mixtures containing any of those substances;
“Hermetically sealed equipment” means equipment in which all fluorinated greenhouse gas containing parts are made tight by welding, brazing or a similar permanent connection, which may include capped valves or capped service ports that allow proper repair or disposal, and which have a tested leakage rate of less than 3 grams per year under a pressure of at least a quarter of the maximum allowable pressure;
“Use” means the utilisation of fluorinated greenhouse gases in the production, maintenance or servicing, including the refilling, of products and equipment, or in other processes referred to in this law;
“Commercial use” means used for the storage, display or dispensing of products, for sale to end users, in retail and food services;
“Mixture” means a fluid (fluid gas) composed of two or more substances, at least one of which is a substance listed in Annex I or in Annex II;
“Global warming potential” or ‘GWP’ means the climatic warming potential of a greenhouse gas relative to that of carbon dioxide (‘CO2′), the global warming potential (GWP) is calculated in terms of the heating potential caused by one kilogram of gas for a period of 100 years, compared with that caused by one kilogram of CO2 as defined in Annexes I, II and IV or in the case of mixtures, calculated in accordance with Annex IV;
“Primary refrigerant circuit of cascade systems” means the primary circuit in indirect medium temperature systems where a combination of two or more separate refrigeration circuits are connected in series such that the primary circuit absorbs the condenser heat from a secondary circuit for the medium temperature;
“Recycling” means the reuse of a fluorinated greenhouse gas recovered after a basic cleaning process;
“Reclamation” means the reprocessing of a recovered fluorinated greenhouse gas in order to match the equivalent performance of a virgin substance, taking into account its intended use;
“Recovery” means the collection and storage of fluorinated greenhouse gases from products, including containers, and equipment during maintenance or servicing or prior to the disposal of the products or equipment;
“Refrigerated trailer” means a vehicle that is designed and constructed to be towed by a truck or a tractor, primarily to carry goods and that is equipped with a refrigeration unit;
“Repair” means the restoration of damaged or leaking products or equipment that contain, or whose functioning relies upon, fluorinated greenhouse gases, involving a part containing or designed to contain such gases;
“Single split air conditioning systems” means systems for room air conditioning that consist of one outdoor unit and one indoor unit linked by refrigerant piping, needing installation at the site of usage;
“Leakage detection system” means a calibrated mechanical, electrical or electronic device for detecting leakage of fluorinated greenhouse gases which, on detection, alerts the operator;
“Undertaking” means any natural / trader or legal person who:

produces, uses, recovers, collects recycles, reclaims or destroys fluorinated greenhouse gases;
imports or exports fluorinated greenhouse gases or products and equipment that contain such gases;
places on the market fluorinated greenhouse gases or products and equipment that contain, or whose functioning relies upon, such gases;
installs, services, maintains, repairs, checks for leaks or decommissions equipment that contains, or whose functioning relies upon, fluorinated greenhouse gases;
produces, imports, exports, places on the market or destroys gases listed in Annex II;
is the operator of equipment that contains, or whose functioning relies upon, fluorinated greenhouse gases;
places on the market products or equipment containing gases listed in Annex II.

“Virgin substance” means a substance which has not previously been used;
“Destruction” means the process of permanently transforming or decomposing all or most of a fluorinated greenhouse gas into one or more stable substances that are not fluorinated greenhouse gases;
“One-component foam” means a foam composition contained in a single aerosol dispenser in unreacted or partly reacted liquid state and that expands and hardens when it leaves the dispenser;
“Best Available Techniques (BAT)” has the meaning given in point 32 of Article 3 of Law No. 10 448, dated 14.7.2011, “On Environmental Permits”, as amended;
“Tonne(s) of CO2 equivalent” means a quantity of greenhouse gases expressed as the product of the weight of the greenhouse gases in metric tonnes and of their global warming potential;
“Placing on the market” means supplying or placing on the market for the first time, with or without payment, or the using for its own account in the case of a producer and includes the customs release for free circulation in the Albanian market.

Chapter II

PREVENTION AND CONTROL

Article 4

Prevention of emisions of fluorinated greenhouse gases

Operators responsible of equipment that contains fluorinated greenhouse gases shall take precautions, according to the requirements of this law, to prevent the unintentional release or leakages of those gases, and to minimise their leakage.
The intentional release of fluorinated greenhouse gases into the atmosphere is prohibited where the release is not technically necessary for the intended use.
In case a fluorinated greenhouse gas leak occurs, the operator provides repair of the gas-containing device without undue delay. When the device undergoes leak controls according to the definitions of point 1, article 5, as well as when the device has been repaired, the operator verifys within 30 days of the repair day whether this repair has been effective. Control and verification is carried out by certified persons, according to the definitions of Article 10, of this law.
The person in charge of taking technical measures to prevent the flow of fluorinated greenhouse gases is certified according to the provisions in Article 10 of this law.
The entrepreneur, when he is also an operator, who performs the installation, maintenance, repair or deactivation of equipment listed in the letters “a” to the “d” of point 2, article 5, are equipped with the certificate provided for in Article 10 of this law and take precautionary measures to prevent the flow of fluorinated greenhouse gases.

Article 5

Leak checks

The operator responsible for equipmen containing fluorinated greenhouse gases in quantities of 5 tonnes of CO2 equivalent or more and not contained in foams shall ensure that the equipment is checked for leaks.
Hermetically sealed equipment that contains fluorinated greenhouse gases in quantities of less than 10 tonnes of CO2 equivalent, shall not be subject to leak checks, provided the equipment is labelled as hermetically sealed.
Electrical switchgear shall not be subject to leak checks under this Article, provided it complies with one of the following conditions:

it has a tested leakage rate of less than 0,1 % per year, as set out in the technical specification of the manufacturer and is labelled accordingly;
it is equipped with a pressure or density monitoring device;
it contains less than 6 kg of fluorinated greenhouse gases.

In accordance to point 1, certified persons in accordance with the predictions of Article 10, ensure the conduct of control of equipment containing fluorinated greenhouse gases, defined as follows:

stationary refrigeration equipment ;
stationary air-conditioning equipment;
stationary heat pumps;
stationary fire protection equipment;
refrigeration units of refrigerated trucks and trailers;
electric switchgear;
organic Rankine cycles

Stationary fire protection devices, defined in the letter “d” of point 4 of this article, are considered controlled according to the obligation in point 1 of this article, in the event that:

there is a report of conformity of the existing regime, issued by the accredited inspection body, which demonstrates compliance with the ISO 14520 or EN 15004 standards;
fire protection equipment is inspected with the frequency provided in point 7 of this article.

Leakage controls for the equipment provided for in letters “a” to “e” of point 4 of this article are carried out by certified persons, in accordance with the provisions of article 10 of this law.
The leak checks pursuant to point 1 of this article, shall be carried out with the following frequency:

At least every 12 (twelve) months, for equipment containing fluorinated greenhouse gases in quantities of 5 tons of CO2 equivalent or more, but less than 50 tons of CO2 equivalent and when a leak detection system is installed, at least every 24 (twenty-four) months;
At least every 6 (six) months, for devices containing fluorinated greenhouse gases in quantities of 50 tons of CO2 equivalent or more, but less than 500 tonnes of CO2 equivalent and when a leak detection system is installed, at least every 12 (twelve) months;
At least every 3 (three) months for devices containing fluorinated greenhouse gases in quantities of 500 tons of CO2 equivalent or more and when a leak detection system is installed, at least every 6 (six) months.

The requirements and standard methods of controlling the leakage of fluorinated greenhouse gases from the equipment provided for in point 2 of article 5 of this law are approved by joint instruction of the minister responsible for the environment and the minister responsible for the economy.

Article 6

Leakage detection systems

Operators responsible for the equipment defined in the “a” to “d” of point 4 article 5, and containing fluorinated greenhouse gases in equivalent amounts of 500 tons of CO2 or more, ensure that this device contains a leak detection system, which signals the operator or a service company for controlling any possible leaks, equipped with license III.3, according to the legislation in force for permits and licenses.
Operators responsible for the equipment defined in the letters “f” and “g” of point 4, article 5 and containing fluorinated greenhouse gases in equivalent amounts of 500 tons of CO2 or more, installed equipment installed after the entry into force of this lawmbas, ensure that this device contains a leak detection system, which signals the operator or a service company for the control of any possible leaks, equipped with license III.3, according to the legislation in force for permits and licenses.
Operators responsible for the equipment listed in points “a”, “b”, “c”, “d” and “g” of point 4, Article 5, that are subject to point 1 or 2 of this article, ensure that leak detection systems are checked at least once every 12 (twelve) months to ensure their proper operation.
Operators responsible for the equipment listed in letter (f) of point 4, of article 5, which are subject to point 2 of this article shall, ensure that leak detection systems are checked at least once every 6 (six) years to ensure their proper operation.

Article 7

Data recording and storage

The operators of the equipment for which control is required for leaks in accordance with points 1, 5 and 6 of Article 5 of this law, create and maintain records for each part of this equipment, specifying the information as follows:

for the amount and type of fluorinated greenhouse gases deposited;
for the quantities of fluorinated greenhouse gases, which have been added during installation, maintenance or service or due to leakage;
if the deposited quantities of fluorinated greenhouse gases have been recycled or regenerated, including the name and address of the recycling or regeneration factory/entrepreneur and, as the case may be, the certificate number;.
for the recovered amount of fluorinated greenhouse gases;
for the generalities of the person who installed, performed the services, maintenance and, when applicable, repaired or retired the device, including its certificate number;
for the dates and results of the checks carried out based on points 3 to 5 of Article 5 of this law;
if the equipment is taken out of use, the measures taken for the recovery and destruction of fluorinated greenhouse gases.

The data provided for in point 1 of this article are stored in the electronic register, which is administered by the National Environment Agency. The following rules apply to this data:

the operators provided for in point 1 of this article keep the information provided for in point 1 of this article for at least 5 (five) years;
undertakings, who perform the activities provided for in letter “d” of point 1 of this article, keep the information about the activities performed for the operator for at least 5 (five) years.

The information provided in point 1 of this article is made available to the National Environment Agency upon its request. If these data contain environmental information, the National Environment Agency makes these data available to the public according to the legislation in force.
Undertakings, who supply fluorinated greenhouse gases according to point 2 of article 11 of this law, make available to the National Environment Agency, at its request, the relevant information for buyers of fluorinated greenhouse gases, including the following details:

the buyer’s invoice number;
the corresponding purchased amounts of fluorinated greenhouse gases.

The data storage format, defined in this article, is approved by Order of the Minister responsible for the environment.

Article 8

Recovery

Operators of stationary equipment or refrigeration units of trucks and refrigerated trailers, containing fluorinated greenhouse gases, which are not found in foams, carry out the recovery of gases through persons holding the relevant certificate, in accordance with Article 10 of of this law, so that these gases are recycled, regenerated or destroyed.
The following equipment is subject to the provisions of point 1 of this article:

cooling circuits of stationary refrigerators, stationary air conditioning equipment and stationary heat pump equipment;
cooling circuits of refrigerating units of refrigerating trucks and trailers;
stationary equipment containing solvents based on fluorinated greenhouse gases;
stationary equipment for fire protection;
gearboxes of high voltage electrical stations.

The undertaker who uses a container, which contains fluorinated greenhouse gases, before its disposal, ensures the recovery of the remaining gases to further guarantee their recycling, regeneration or destruction.
Operators for products and equipment, not provided for in point 2 of this article, including mobile equipment, containing fluorinated greenhouse gases, ensure the recovery of gases by certified persons, based on the best available techniques, according to the determinations given in the legislation in force for environmental permits, in order to recycle, regenerate or destroy them.
The recovery of fluorinated greenhouse gases from air conditioning equipment in motor vehicles is carried out by certified persons in accordance with point 2 of article 10 of this law.

Article 9

Producer responsibility schemes

The producer of fluorinated greenhouse gases takes measures to finance all the costs arising from the establishment and operation of the scheme of recovery, recycling, regeneration or destruction of fluorinated greenhouse gases, individually or in cooperation between them within a period of 5 ( five) years from the entry into force of this law.
Manufacturer of equipment and products containing fluorinated greenhouse gases:

ensures that the scheme of recovery, recycling, regeneration or destruction of fluorinated greenhouse gases is carried out by the persons who possess the relevant certificate in accordance with Article 10 of this law;
informs consumers in accordance with the legislation in force for the protection of consumers for the delivery of equipment and products containing fluorinated greenhouse gases to nearby collection points easily accessible by them and suggested by the manufacturers.

Article 10

Training and certification

Certification schemes and requirements for the certification process of persons are drawn up based on the ISO/IEC 17024 standard and approved by decision of the Council of Ministers, with the proposal of the minister responsible for the environment.

Training requirements and training programs are part of the certification scheme.

The certificate for the person is issued by the accredited body for person certification after meeting the requirements of the certification scheme, according to point 1 of this article.
The body for the certification of the person is accredited according to the legislation in force for the accreditation of conformity assessment bodies.
The costs of the person’s certification are covered by the person himself, for the account of the body accredited for the person’s certification.
After the approval of the certification schemes, requests to provide certification schemes from the person’s existing certifying bodies are approved by the Minister responsible for the environment.

The certifying bodies, approved during the validity period of the approval, have the obligation to fulfill the requirements of point 6 of this article.

Accredited body for certification, the person according to point 3 of this article:

sends 1 (one) time per month to the ministry responsible for the environment the list of persons who have been certified, which must contain the name, surname, address, telephone number or e-mail address, the field of certification, as and certificate registration number;
notifies the ministry responsible for the environment for suspended or withdrawn certificates.

The Ministry responsible for the environment publishes and updates the register of certified persons with the relevant fields of certification. The model of the register and the manner of its administration are approved by order of the minister responsible for the environment.

CHAPTER III

PLACING ON THE MARKET AND CONTROL OF USE

Article 11

Restrictions on the placing on the market

Restrictions on the placing on the market of products and equipment, defined in annex III attached to this law, with the exception of equipment for military use, are determined according to the obligations derived from the Kigali Amendment of the Montreal Protocol “On substances that deplete the ozone layer ”, where the Republic of Albania is a party.
The sale and purchase of fluorinated greenhouse gases in order to perform installation, services, maintenance or repair of equipment, which contain fluorinated greenhouse gases or whose operation relies on those gases, is carried out only by entrepreneurs who employ certified persons according to Article 10 of this law.
Non-hermetically sealed devices, filled with fluorinated greenhouse gases, are placed on the market for consumers by entrepreneurs only if the installation of the device will be carried out by certified persons, after it has been proven on the basis of the relevant certificate, issued according to the provisions of this law.

Article 12

Labelling and product and equipment information

Products and equipment containing or whose operation relies on fluorinated greenhouse gases are placed on the market only if they are labeled. Specifically:

refrigeration equipment;
air-conditioned equipment;
heat pumps;
fire protection equipment;
electric gearbox;
aerosols containing fluorinated greenhouse gases, with the exception of inhalers with defined doses for the distribution of pharmaceutical ingredients;
all containers of fluorinated greenhouse gases;
solvent based on fluorinated greenhouse gases;
organic Rankine cycles.

The label for products and equipment, according to point 1 of this article, must show the following data:

a reference that the product or equipment contains fluorinated greenhouse gases or that their operation relies on such gases;
the designation accepted by the industry for the fluorinated greenhouse gases in question or, if there is no such designation, the establishment of the chemical name;
the amount expressed in weight and in CO2 equivalent of fluorinated greenhouse gases contained in the product or equipment, or the amount of fluorinated greenhouse gases for which the equipment is designed, as well as the global warming potential of these gases.

The label, according to point 2 of this article, when applicable, must also show the following data:

a reference that the hermetically sealed device contains fluorinated greenhouse gases;
a reference that the electric gearbox has a leakage test rate of less than 0.1% per year, defined in the manufacturer’s technical specifications.

The label must be clearly legible, not erased, in the Albanian language and placed:

near the entrance gates, where filling or regeneration of fluorinated greenhouse gas is carried out;
in that part of the product or equipment that contains fluorinated greenhouse gas;
for hermetically sealed systems they must be labeled as such.

Premixed foams and polyols containing fluorinated greenhouse gases shall be placed on the market only if the fluorinated greenhouse gases are identified with a label, using the industry accepted name for the fluorinated greenhouse gases in question or, if there is no designation of such, the chemical name is set. The label must clearly state that the foam or premixed polyols contain fluorinated greenhouse gases. In the case of polystyrene layers, this information is declared in the Albanian language clearly and placed in a visible place.
Regenerated or recycled fluorinated greenhouse gases are labeled with an indication that the substance has been regenerated or recycled and are accompanied by information on the serial number and the name and address of the factory/entrepreneur who performed the regeneration or recycling.
Fluorinated greenhouse gases, placed on the market for destruction, are labeled with an indication that the contents of the container must only be destroyed according to the special legislation in force.
Fluorinated greenhouse gases, which are placed on the market for direct export, are labeled with an indication that the contents of the container are exported immediately.
Fluorinated greenhouse gases placed on the market for use in military equipment are labeled with an indication that the contents of the container are used only for that purpose
Fluorinated greenhouse gases placed on the market for etching semiconductor materials or for chemical steam cleaning of storage rooms within the semiconductor manufacturing sector shall be labeled with an indication that the contents of the container may only be used for this purpose.
Fluorinated greenhouse gases placed on the market for use as feedstock are labeled with an indication that the contents of the container can only be used as feedstock.
Fluorinated greenhouse gases, placed on the market for the production of inhalers for inhaling defined doses of medicines, for the supply of pharmaceutical ingredients, are labeled with an indication that the contents of the container are to be used only for that purpose.
The information mentioned in points 2, 3 and 5 of this article is included in the instruction manuals for the products and equipment in question.
In the case of products and equipment containing fluorinated greenhouse gases with a global warming potential of 150 or more, this information is also included in the descriptions used for advertising.
The form of the label and additional requirements for the labeling of products and equipment containing fluorinated greenhouse gases are determined by a joint Instruction of the Minister responsible for the environment, the Minister responsible for finance and economy and the Minister responsible for industry.

Article 13

Control of use

The use of sulfur hexafluoride is prohibited:

in the magnesium casting process and in the recycling of cast magnesium alloys. For installations that use an amount of sulfur hexafluoride less than 850 kg per year in the magnesium casting process and in the recycling of cast magnesium alloys, this prohibition will apply upon the entry into force of the law;
filling car tires.

For the service or maintenance of refrigeration equipment, with a filling mass of 40 tons of CO2 equivalent or more, the use of fluorinated greenhouse gases with a global warming potential of 2500 or more is prohibited.
Excluded from the prohibitions are military equipment or equipment intended for applications designed to cool products below -50°C.
The prohibitions defined in point 2 of this article do not apply to the following categories of fluorinated greenhouse gases:

regenerated fluorinated greenhouse gases, which have a global warming potential of 2500 or more, used for the maintenance or service of existing cooling equipment and labeled, in accordance with point 6 of article 12 of this law;
recycled fluorinated greenhouse gases, having a global warming potential of 2500 or more, used for the maintenance or servicing of existing refrigeration equipment and ensuring that they are recovered from such equipment. Such recycled gases can only be used by contractors who carry out their recovery as part of maintenance or service.

Article 14

Pre-charging of equipment with hydrofluorocarbons

Refrigeration, air conditioning and heat pump equipment filled with hydrofluorocarbons are placed on the market only when the amount of hydrofluorocarbons in the equipment is calculated within the quota system defined in Chapter VI of this law.
In case the pre-filled devices are placed on the market according to the definition in point 1 of this article, manufacturers and importers of the devices ensure that compliance with this definition is fully documented according to the definition in point 2 of article 20 of this law.
In case the hydrofluorocarbons found inside the equipment are not placed on the market before filling the equipment, then the importers of these equipment are provided with the relevant authorization for the allocation of the annual quota issued by the ministry responsible for the environment.
Entrepreneurs, who produce and import the equipment defined in point 2 of this article, keep the documentation for a period of no less than 5 (five) years after the equipment is placed on the market. Entrepreneurs who import and place on the market pre-filled devices, when the hydrofluorocarbons inside the device have not been placed on the market before filling the device, ensure that they are registered in accordance with Article 16 of this law.

CHAPTER IV

REDUCTION OF THE QUANTITY OF HYDROFLUOROCARBONS PLACED ON THE MARKET

Article 15

Reduction of the quantity of hydrofluorocarbons placed on the market

The Ministry responsible for the environment ensures that the amount of hydrofluorocarbons, which entrepreneurs produce and import, have the right to place on the market every year, does not exceed the annual quota determined for the Republic of Albania.
Entrepreneurs who produce and import have the obligation to ensure that the amount of hydrofluorocarbons placed by them on the market does not exceed their annual quota determined by the minister in accordance with the provisions of Article 20 of this law.
This article does not apply to entrepreneurs who produce or import less than 100 tons of CO2 equivalent of hydrofluorocarbons per year.
This article does not apply to the following categories of hydrofluorocarbons:

hydrofluorocarbons used by a manufacturer in applications as raw material or supplied directly by a manufacturer or importer to enterprises to be used as raw material;
hydrofluorocarbons supplied by a manufacturer or importer to be used for military equipment;
hydrofluorocarbons supplied by a manufacturer or importer to be used in an undertaking for the etching of semiconductor materials or for chemical steam cleaning of storage rooms within the semiconductor manufacturing sector;
hydrofluorocarbons, which are supplied directly by a manufacturer or importer to an enterprise that produces metered dose inhalers for the distribution of pharmaceutical ingredients.

The minister responsible for the environment may exempt for up to 4 years from the obligation of quotas, according to point 1 of this article, hydrofluorocarbons for specific uses or for specific categories of products or equipment, if required:

for special uses of products or equipment for which there are no alternatives available, or they cannot be used for technical or safety reasons;
if a sufficient supply of hydrofluorocarbons cannot be secured without incurring disproportionate costs.

Any exception, according to point 5 of this article, is made by order of the minister responsible for the environment based on the substantiated request of the structure responsible for fluorinated greenhouse gases at the ministry, where the type and quantity of fluorinated greenhouse gases that must be are imported, the country from which they will be imported and the time of delivery, after prior written approval has been obtained from the ozone secretariat.

Article 16

Electronic register on fluorinated greenhouse gases

With the entry into force of this law, the National Environment Agency creates a database in the electronic register for fluorinated greenhouse gases in accordance with the standards, rules and procedures defined in the legislation in force for state databases.
Registration in this register is mandatory for:

producers and importers, who have been allocated a defined quota for placing hydrofluorocarbons on the market;
entrepreneurs, to whom the quota of hydrofluorocarbons has been transferred;
producers and importers who supply or entrepreneurs who supply hydrofluorocarbons according to points 3 and 4 of article 14 of this law;
importers of pre-filled equipment when the hydrofluorocarbons contained in the equipment have not been placed on the market before filling the equipment according to Article 14 of this law;
informing producers and importers about the allocated quotas and about any changes in these quotas.

This register is accessible to the public only at the level of reading the recorded data.
The detailed rules for the organization and operation of the register, the relevant products and equipment that are registered, the obligations of entrepreneurs to report, as well as the level of accessibility of the register are approved by Decision of the Council of Ministers, with the proposal of the Minister responsible for the environment.

CHAPTER V

REPORTING

Article 17

Reporting on production, import, export, feedstock use and destruction of the substances listed in Annexes I or II

Each undertaking who produces, imports or exports 1 metric ton or 100 tons of CO2 equivalent or more of fluorinated greenhouse gases and the gases listed in annex II attached to this law, by March 31 of the following year must report to the responsible ministry for the environment for the data specified in annex V attached to this law, for each of those substances for that calendar year.
Each undertaking who destroys 1 metric ton or 1000 tons of CO2 equivalent or more of fluorinated greenhouse gases and the gases listed in annex II attached to this law, by March 31 of the following year must report to the ministry responsible for the environment to the data specified in annex V attached to this law, for each of those substances for that calendar year.
Each undertaking who uses 1000 tons of CO2 equivalent or more of fluorinated greenhouse gases as raw material, by March 31 of the following year must report to the ministry responsible for the environment for the data specified in annex V attached to this law, for each of those substances for that calendar year.
Any undertaking who has placed on the market 500 tons of CO2 equivalent or more of fluorinated greenhouse gases and the gases listed in annex II attached to this law, which are found in products or equipment, by March 31 of the following year must report to the ministry responsible for the environment for the data specified in annex V attached to this law, for each of those substances for that calendar year.
Any undertaking who imports and puts on the market pre-filled devices, where the hydrofluorocarbons found inside these devices were not placed on the market before filling the device, submit to the ministry responsible for the environment the relevant documentation according to point 2 of article 20 of this law .
Undertakings keep the relevant documentation for at least 5 (five) years. The verification report will be provided to the ministry responsible for the environment at any time the authorities request this report.
The format and method of preparation and submission of the verification report are determined by the instruction of the minister responsible for the environment.
The Ministry responsible for the environment takes the necessary measures to preserve the confidentiality of the information submitted under this article, in accordance with the legislation in force for the protection of personal data

Article 18

Collection of emissions data

The Ministry responsible for the environment creates the reporting systems for the relevant sectors refered to in this law, with the objectiveof acquiring, to the extent possible, emissions data.

CHAPTER VI

LICENSING AND AUTHORIZATION

Article 19

Licensing

With the entry into force of this law, undertakings who carry out the import, export, storage and placing on the market of fluorinated greenhouse gases, of equipment containing fluorinated greenhouse gases, or whose operation relies on these gases, are licensed in accordance with the criteria , the conditions, terms and procedures defined in the legislation in force for licenses, authorizations and permits in the Republic of Albania and are included in category III. 3 of its annex.
With the entry into force of this law, undertakings who carry out the collection, recovery, recycling, destruction, dismantling, transport of fluorinated greenhouse gases, of equipment containing fluorinated greenhouse gases, or whose operation relies on these gases, are equipped with the license “Other professional activities related to the impact on the environment”, with the code III.2.B.
Undertakings, who carry out activities with fluorinated greenhouse gases, are provided with the relevant environmental permit in accordance with the legal provisions of the legislation in force for environmental permits.
Licenses issued under this article are published in the National Register of Licenses, Authorizations and Permits.
The necessary documentation for equipping the entrepreneur with the license according to point 1 of this article, is approved by decision of the Council of Ministers, with a proposal from the Minister responsible for the environment.

Article 20

Authorization for the allocation of the annual quota of hydrofluorocarbons

Undertakings, who carry out the import of hydrofluorocarbons and/or equipment pre-filled with hydrofluorocarbons, are provided with the Authorization of the Minister responsible for the environment, according to the model approved by the Minister, which determines the annual quota of the import of hydrofluorocarbons assigned to the respective entrepreneurs, in compliance with the principles and procedures defined in the legislation in force for licenses, authorizations and permits in the Republic of Albania.
The special conditions, the accompanying documentation, the procedure, the deadlines for granting the authorization defined in point 1 of this article, are approved by the Council of Ministers, with the proposal of the Minister responsible for the environment.
The method of dividing the annual import quotas of hydrofluorocarbons and/or equipment pre-filled with hydrofluorocarbons, as well as the criteria for dividing the quotas, are approved by Decision of the Council of Ministers, with the proposal of the Minister responsible for the environment.
The authorization format for the import of hydrofluorocarbons and/or equipment pre-filled with hydrofluorocarbons is approved by Order of the Minister responsible for the environment.

CHAPTER VII

FINAL PROVISIONS

Article 21

Administrative violations

Violations of this law, when they do not constitute a criminal offense, constitute an administrative misdemeanor and are punishable by a fine according to the limits and definitions in point 2 of this article, in accordance with the legislation in force on administrative misdemeanors and inspection.
The following violations are punishable by a fine:

the development of the activity by the entrepreneur without a license is punishable by a fine from 1,000,000 (one million) to 2,000,000 (two million) ALL;
intentional release of fluorinated greenhouse gases into the atmosphere during installation, servicing, maintenance, repair, recovery, recycling and regeneration of fluorinated greenhouse gases or dismantling of equipment by the entrepreneur or operator, is punishable by a fine of 200,000 (two hundred thousand) ALL up to 500,000 (five hundred thousand) ALL;
failure by the responsible operator to check for leakage of the equipment referred to in Article 5 of this law, is punished by a fine from 100,000 (one hundred thousand) to 200,000 (two hundred thousand) ALL;
non-keeping by the entrepreneur of the data, specified in Article 7 of this law, for each part of the equipment and not keeping them for at least 5 (five) years and not making them available to the ministry responsible for the environment/KTA , at her request, is punished with a fine from 20,000 (twenty thousand) to 100,000 (one hundred thousand) ALL;
failure by the entrepreneur to recover fluorinated greenhouse gases from stationary equipment or cooling (refrigeration) units of refrigerated trucks and trailers, which are defined in Article 8 of this law, through certified persons, is punishable by a fine of 20,000 (twenty thousand) up to 100,000 (one hundred thousand) ALL;
performing the installation, servicing, maintenance, repair or dismantling of equipment containing fluorinated greenhouse gases by persons who are not equipped with the relevant certificate, is punished by a fine from 100,000 (one hundred thousand) to 500,000 (five hundred thousand) lek ) lek;
placing on the market by entrepreneurs of fluorinated greenhouse gases and gases listed in annex II attached to this law in violation of the requirements defined in chapter III of this law, is punished with a fine from 100,000 (one hundred thousand) to 500,000 ( five hundred thousand) ALL;
non-reporting by the entrepreneur on the import, export, use of raw material/feedstock and destruction of the substances listed in annexes I and II attached to this law, in accordance with the requirements set forth in Article 16 of this law, is punishable by a fine of 100 000 (one hundred thousand) to 500 000 (five hundred thousand) ALL.

The structure responsible for environmental inspection has the right to fine for the misdemeanors defined in this article.
The fine is paid within a period of 10 calendar days from its notification, except when the decision to impose it is suspended according to the legislation in force.
Revenues collected from fines are 100% transferred to the state budget.

Article 22

Suspension and revocation of license

Regardless of the penalties provided in letters “a” to “h” of point 2 of article 21 of this law, the structure responsible for environmental inspection or the structure responsible for fluorinated greenhouse gas policies in the Ministry responsible for the environment, proposes to the Minister responsible for the environment to:

suspension of the relevant license for exercising the activity in the event that:

a request is submitted by the license holder himself;
the license holder does not fulfill the conditions stipulated in the license and the requirements of this law;

revoking the relevant license for exercising the activity in the event that:

the license holder applies for relinquishment of the license;
the license holder has repeatedly violated the provisions of this law, which has led to the imposition of administrative fines in accordance with this article;
the license holder has not implemented within the suspension period the obligations defined as the reasons for the suspension;
the license holder has not paid the administrative fines imposed under this law.

The Minister responsible for the environment issues the license suspension order, leaving the subject a deadline of 20 days to fulfill the reasons for the suspension.
The entity against which the suspension order is imposed has the right to appeal to the owner of the responsible structure according to the legislation in force.
In case the subject fulfills the obligations for the reasons of the suspension, the minister cancels the suspension order.
In the event that the subject does not fulfill the obligations defined in the reasons for the suspension within the suspension period, the minister issues the order to revoke the relevant license.
In the event that it is established that the subject fulfills the reasons provided for in letter “b” of point 1 of this article, the minister issues the order to revoke the relevant license.
The National Environment Agency publishes the act of suspension or cancellation in the National Register of Licenses, Authorizations and Permits.
The subject against whom the administrative measure is imposed has the right to appeal administratively according to the deadlines and procedures of the legislation in force for permits and licenses in the Republic of Albania.
Against the decision given after examining the administrative appeal, an appeal can be made to the competent court for administrative matters within 30 days from the announcement of the decision.

Article 23

Bylaws

The Council of Ministers is tasked to issue by-laws in implementation of articles 10, point 1, within 2 years from the date of entry into force of this law; 16, item 4; 19, item 5, and 20, items 2 and 3, thereof.
The Minister responsible for the environment is instructed to issue by-laws in implementation of articles 7, point 5 within 2 years from the date of entry into force of this law; 10 point 7; 15, point 6; 17, item 7, and 20, item 4, thereof.
The minister responsible for the environment, the Minister responsible for the economy, and the Minister responsible for the industry are charged to issue by-laws in implementation of articles 5, point 8, and 12, point 15 within 2 years from the date of entry into force of this law. , his.

Article 2

Entering into the force

This law enters into force 15 days after publication in the Official Gazette and begins its effects on January 1, 2024.

KRYETARI

LINDITA NIKOLLA

Approved on 26.1.2023

LAW (No.2, date 26.01.2022) “On Fluorinated Greenhouse Gases

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