Danes give HFCs cold shoulder and face legal challenge

Date: 12/04/01

By Laurence Frost

DENMARK could face another legal challenge for taking a harder line on environmental protection than its Union partners.

The multi-billion-euro air conditioning and refrigeration industry is crying foul over moves to tax and then phase out HFCs, the most widely-used gas coolants.

The European Partnership for Energy and the Environment (EPEE) is considering its next move after Denmark notified the EU that the greenhouse gases would be banned from 2006.

"We'd like the Commission to declare its intention to develop a directive on HFC emissions," said Truus Huisman of the EPEE.

Such a declaration would force Denmark to delay its new law by up to 12 months, after which it could only be implemented if it was compatible with the new Union-wide rules.

"Otherwise we would consider legal options," said Huisman. "We always have the possibility of asking the Commission to start infringement proceedings."

Legal action against Denmark is already under way at the European Court of Justice over its ban on metal drinks cans.

Now the Commission has written to Copenhagen demanding more information about the destination of revenues from the new HFC tax unveiled last December.

Any plan to use the money for research into non-greenhouse alternatives could fall foul of state aid rules. Action could also be taken on single-market grounds.

Austria is following Denmark's lead, with phase-out legislation due for adoption by the end of the year. Meanwhile the European Climate Change Programme (ECCP) is preparing suggestions for EU legislation on fluorinated 'F-gases', including HFCs, expected in the second half of 2001. An ECCP draft report will recommend measures to prevent HFC emissions through better maintenance. F-gases would be banned only from products such as novelty aerosols and double-glazing.

Industry points out that F-gases account for only 2-3% of all greenhouse emissions and can be reduced with better handling. Tougher rules in the Netherlands have cut HFC consumption by 30% over five years, despite an increase in the number of applications.

"We want to see measures to tackle emissions of HFCs, not their use," said Darcy Nicolle of Carrier, a leader in the air conditioning and refrigeration sector. He said the safety features required by switching to hydrocarbon alternatives would consume more electricity and thereby causing more greenhouse emissions.

"At room temperature hydrocarbon has the same energy density as TNT, volume for volume," he said. "We'd prefer to be confident that people aren't going to get blown up by their air conditioning or their fridges."

Denmark could face another legal challenge for taking a harder line on environmental protection than its Union partners. The multi-billion-euro air conditioning and refrigeration industry is crying foul over moves to tax and then phase out HFCs, the most widely-used gas coolants.