NAVIS INTERNATIONAL TRADE AND CONSULTING LTD
We support Undertakings dealing with HFCs (thus in scope of F-GAS Regulations) worldwide.
ID: 103195498621-96
Lobbying Activity
Response to Declaration of conformity and verification by independent auditor
24 May 2025
The Law should be accessible and easy to understand. I think that this should be the leitmotif of every Regulation and subsequent amendments/implementing decisions. Nothing should be taken for granted. This Document clearly is the opposite. Let's start with the name: "Declaration of Conformity". It is misleading and (most of all) misused, therefore the source of issues with the EU Customs. How many "Declaration of Conformity" currently exist when you are dealing with Electric and Electronic goods? Quite a few. You'd be surprised. See an example below: https://europa.eu/youreurope/business/product-requirements/compliance/technical-documentation-conformity/index_en.htm Let's list what I think should be looked into it: 1. a CLEAR definition of "Placing of the Market" should be added to this document. Something like: this Document should be produced to the competent Authorities (Customs/Market Surveillance) when the equipment pre-charged with HFCs is PoM, where "PoM means the customs release for free circulation in the Union or the supplying or making available to another person within the Union, for the first time, for payment or free of charge, or the use of substances produced, or of products or equipment manufactured, for own use"(*). 2. This Document should be called "F-Gas Declaration" or "F-GAS self-declaration". I did raise this objection when it was first being concocted in 2016. Let's see if this time this comment sinks in. By the way, this comes from my daily experience with Clients who are adamant that they have the Declaration of Conformity from the manufacturers and therefore they are "good to go". But they clearly aren't. 3. Why is this document requesting the VAT number of the Undertaking? It should be requesting the EORI number, because this document is to be used during Customs procedures, mostly. The EORI number is also shown on the "Kigali License". It would make checks easier, especially in Countries where the EORI number has nothing to do with the VAT Number. 4. The wording used in the three options: it should be simple and "accessible": a. Option A: The Undertaking holds in sufficient quantity the right type of EU Quota for the release for free Circulation within the Union of equipment pre-charged with HFCs. This is either Authorizations acquired from a listed incumbent Company or Delegations acquired from Authorization Managers. b. Option B: The HFCs pre-charged in the Equipment are already accounted for the EU Quota system. This is because they were lawfully placed on the EU Market (* - this is why the PoM definition is so important to be included in this Document) by an Undertaking without using exemptions as per article 16.2 of the F-GAS Regulation, shipped outside the Union and pre-charged within the equipment. The Undertaking in receipt of this type of equipment shall hold proof provided by the Undertaking which placed the HFCs on the market that they were (or shall be) duly reported in Section 2A of the yearly reporting. c. Option C: this applies to the equipment pre-charged with HFCs manufactured within the Union. The HFCs used in the manufacturing process were lawfully placed on the market by an Undertaking (can be the manufacturer itself) and these HFCs were (or shall be) duly reported in Section 2A of the yearly reporting. d. Option D: this applies to equipment pre-charged with HFCs re-imported in the union after export, where the HFCs charge was not altered during the period spent by the equipment outside of the Union. Proof of compliance with the EU F-GAS Regulation must be made available upon request of the competent authority (Customs/Market Surveillance). I do hope these comments will be taken into account and a proper Declaration of Conformity (please, do change the name!) will be published. Thank you Davide Palumbo
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