Equipment below the leak-check threshold: what falls away, what stays

Quick answer

The threshold in Article 5(1) is a checking threshold, not a general exemption. Below it, two things fall away, and only two.

• The periodic leak check — Article 5(1) applies to equipment containing 5 tonnes of CO2 equivalent or more of gases listed in Annex I, or 1 kilogram or more of gases listed in Section 1 of Annex II, that is not contained in foams.
• The equipment record — Article 7(1) is written for operators of equipment "which is required to be checked for leaks pursuant to Article 5(1)". Without the checking duty there is no record duty under that paragraph.

What remains includes: the ban on intentional release (Article 4(1)), the precautions against unintentional release (Article 4(3) and (4)), repair without undue delay (Article 4(5), first subparagraph), recovery of the gas (Article 8), certification of persons and firms (Article 4(7) and Article 10), the purchase rule (Article 11(6)), the label (Article 12) and the use bans on servicing (Article 13).

Where the threshold actually sits

Article 5(1), first subparagraph, sets two entry values: 5 tonnes of CO2 equivalent for gases listed in Annex I and 1 kilogram for gases listed in Section 1 of Annex II, in both cases for gas that is not contained in foams.

The following subparagraphs of the same paragraph add separate thresholds which do not replace the first one, but take specific equipment out of the checking duty:

• Hermetically sealed equipment is not checked, provided it is labelled as hermetically sealed and contains less than 10 tonnes of CO2 equivalent of Annex I gases, or less than 2 kg of Section 1 Annex II gases.
• Hermetically sealed equipment installed in residential buildings is not checked where it contains less than 3 kg of fluorinated greenhouse gases and is labelled as hermetically sealed — a derogation from the preceding subparagraph.
• Electrical switchgear is not checked where it has a tested leakage rate of less than 0.1 % per year and is labelled accordingly, where it is equipped with a pressure or density monitoring device with an automatic alert system while in operation, or where it contains less than 6 kg of Annex I gases.

The labelling condition is not decorative: for hermetically sealed equipment the exemption works only if the equipment is labelled as such. The detail is in the guide on hermetically sealed equipment.

What falls away below the threshold

Note the effect of the second row: below the threshold what disappears is not only the check but also the duty to document something that is no longer required. That does not mean you may not keep a record; it means Article 7(1) does not impose one.

For the intervals that apply above the threshold, see leak check frequency; for detection systems, when they are mandatory.

What stays, whatever the charge

The rest of the Regulation has no charge threshold. The duties that apply to a unit holding a few hundred grams are these.

• The ban on intentional release — Article 4(1), first subparagraph. There is no minimum quantity below which release becomes permitted.
• Precautions against unintentional release — Article 4(3) for operators, manufacturers and undertakings in possession during transport or storage; Article 4(4) for production, storage, transport and transfer.
• Repair without undue delay — Article 4(5), first subparagraph, where a leakage is detected.
• Recovery — Article 8(1) applies to operators of equipment containing fluorinated greenhouse gases not contained in foams, with no threshold, for the categories listed in paragraphs 2 and 3. Article 8(7) adds the recovery of residual gas from a container immediately prior to its disposal.
• Certification — Article 4(7) and Article 10(1) list types of equipment, not charge sizes. A small unit in the categories of Article 5(2), points (a) to (f), remains work for certified personnel.
• Buying the gas — Article 11(6) ties the right to purchase to the certificate, again by equipment type.
• Selling charged non-hermetically sealed equipment — Article 11(7) requires evidence that installation will be carried out by a certified undertaking.
• The label — Article 12(1), (3) and (4) apply on placing on the market and on supply, with no charge threshold.
• The use bans on maintenance and servicing — Article 13(3), (4) and (5), which work on GWP, not on quantity. See servicing bans.

Where the threshold falls in kilograms

The threshold is written in tonnes of CO2 equivalent, but site work is done in kilograms. The conversion runs both ways: kg × GWP ÷ 1000 = tonnes of CO2 equivalent. The table shows the mass at which 5 tonnes is reached for a few pure substances from Annex I, using the GWP column the Annex itself makes binding.

Two examples: a unit holding 1.5 kg of HFC-32 contains 1.0125 tonnes of CO2 equivalent and is therefore below the threshold. A unit holding 3.5 kg of HFC-134a contains 5.005 tonnes, is above the threshold, and falls into the checking duty.

How the line gets crossed unnoticed

The threshold refers to what the equipment contains, not to what it contained at commissioning. Three situations move a unit above the threshold without anyone taking an explicit decision.

• Repeated top-ups. If the charge grows, so does the CO2 equivalent. Recalculate after every addition.
• A change of gas. A retrofit to a higher-GWP gas can push a unit past 5 tonnes at the same mass. The reverse is also true: moving to a low-GWP gas can take a system out of the duty.
• Extending the system. A larger circuit means a larger charge; the threshold applies to the equipment as it works after the modification.

In practice the calculation costs nothing and is done once, at the end of the job. Writing the result into your own documentation, even though Article 7(1) does not require it below the threshold, is what lets you show why no checks were scheduled. The structure of a full sheet is described in F-gas equipment records.

Common mistakes

• "Below the threshold nothing applies." Articles 4, 8, 10, 11, 12 and 13 apply. Only the periodic check and the record tied to it fall away.
• "It is small, anyone can do it." Article 10(1), point (a), lists types of equipment, not sizes.
• Applying the kilogram threshold to an Annex I gas. For Annex I the threshold is in tonnes of CO2 equivalent; kilograms are the threshold for Section 1 of Annex II.
• Claiming the hermetic exemption without the label. Article 5(1), second subparagraph, expressly requires labelling as hermetically sealed equipment.
• Taking the GWP from the wrong column. Annex I has two columns; the second is marked as being for information purposes only.
• Venting gas "because there was so little of it". The prohibition in Article 4(1) has no quantitative threshold.

Checklist for a small unit

• You have calculated the CO2 equivalent of the current chargekg × GWP ÷ 1000, with the GWP from the binding column of Annex I, or calculated under Annex VI for blends.
• You know which Annex the gas sits inAnnex I is measured in tonnes of CO2 equivalent, Section 1 of Annex II in kilograms.
• You checked whether the equipment is hermetically sealed and labelled as suchArticle 5(1), second and third subparagraphs.
• The result of the calculation is written down somewhereNot required below the threshold, but it is the only evidence that checks are not due.
• The work is carried out by certified personnelArticle 4(7) and Article 10(1); the list works by equipment type.
• The gas was bought in line with Article 11(6)A certificate, or an undertaking employing certified persons.
• Recovery is planned for decommissioningArticle 8(1), (2) and (3), with no charge threshold.
• High-GWP gas is not used where Article 13 prohibits itArticle 13(3), (4) and (5) work on GWP.

Frequently asked questions

Official sources

The thresholds, intervals and lists above were read in the Official Journal text, including Annex I.

Currency of this guide and limits of responsibility

General information prepared by EgoLog from the Regulation and from official European Commission material. It is not legal advice.

Work on circuits containing fluorinated greenhouse gases may be carried out only by certified persons, under the conditions of Article 10, however small the charge.