20 January 2011

Subject: Proposed list of TARIC Codes associated with article 9 of the F-Gas Regulation

Dear Mr Lazzaroni,

The European Partnership for Energy and the Environment (EPEE) represents the Refrigeration, Air-Conditioning and Heat Pump sector in Europe. Its members include the manufacturers of equipment and components, the installation and servicing sector, as well as the producers of refrigeration and heat transfer fluids. Our members together employ more than 200,000 people and represent the large majority of the HVACR industry in Europe.

The members of EPEE are very concerned about the proposed TARIC codes which we received through one of the national HVACR associations. There seems to be a serious misunderstanding between "direct evaporation system" and "direct expansion system", which is possibly due to a translation error, but which would have a major implication on our members.

The proposed list seems to be a list of direct expansion systems and their components and not a list of direct evaporation systems. Contrary to direct expansion systems, direct evaporation systems are quite rare. (Eg : a self cooling drink can that has been used in the United States - this is a type of direct evaporation system. However, this can has never been commercialized in the European Union). In the past direct evaporation systems have been used in the food processing industry where the refrigerant was in direct contact with the food to be frozen. However, this would be more a system installed on site rather than a packaged equipment, which would mean that no custom code could be applied.

In the interest of clear and better regulation, EPEE strongly urges the commission to exclude the following codes from the list, either because they do not fulfill the article 9 scope as all of them are confinedsystems or a part of it:The below listed items are NOT in the category of "non-confined, direct evaporation type products or components" and therefore have no place in this proposal. They must not be considered under article 9 and should be deleted from this list.

8414300000 80 / 8414300000 / 8414309999 / 6 / 1 / - / Compressors of a kind used in refrigerating equipment
8415100000 80 / 8415100000 / 8415109999 / 6 / 1 / - / Window or wall types, self-contained or 'split-system'
8415810000 80 / 8415810000 / 8415819999 / 6 / 2 / - - / Incorporating a refrigerating unit and a valve for reversal of the cooling/heat cycle (reversible heat pumps)
8415820000 80 / 8415820000 / 8415829999 / 6 / 2 / - - / Other, incorporating a refrigerating unit
8415830000 80 / 8415830000 / 8415839999 / 6 / 2 / - - / Not incorporating a refrigerating unit
8415900000 80 / 8415900000 / 8415909999 / 6 / 1 / - / Parts
8418100000 80 / 8418100000 / 8418109999 / 6 / 1 / - / Combined refrigerator-freezers, fitted with separate external doors
8418210000 80 / 8418210000 / 8418219999 / 6 / 2 / - - / Compression-type
8418290000 80 / 8418290000 / 8418299999 / 6 / 2 / - - / Other
8418300000 80 / 8418300000 / 8418309999 / 6 / 1 / - / Freezers of the chest type, not exceeding 800|litres capacity
8418400000 80 / 8418400000 / 8418409999 / 6 / 1 / - / Freezers of the upright type, not exceeding 900|litres capacity
8418500000 80 / 8418500000 / 8418509999 / 6 / 1 / - / Other furniture (chests, cabinets, display counters, showcases and the like) for storage and display, incorporating refrigerating or freezing equipment
8418610000 80 / 8418610000 / 8418619999 / 6 / 2 / - - / Heat pumps other than air conditioning machines of heading|8415
8418690000 80 / 8418690000 / 8418699999 / 6 / 2 / - - / Other
8418990000 80 / 8418990000 / 8418999999 / 6 / 2 / - - / Other
8419600000 80 / 8419600000 / 8419609999 / 6 / 1 / - / Machinery for liquefying air or other gases
8419891000 80 / 8419891000 / 8419891099 / 8 / 3 / - - - / Cooling towers and similar plant for direct cooling (without a separating wall) by means of recirculated water
8419908500 80 / 8419908500 / 8419908599 / 8 / 2 / - - / Other
8476210000 80 / 8476210000 / 8476219999 / 6 / 2 / - - / Incorporating heating or refrigerating devices
8476810000 80 / 8476810000 / 8476819999 / 6 / 2 / - - / Incorporating heating or refrigerating devices
8476900000 80 / 8476900000 / 8476909999 / 6 / 1 / - / Parts
8479600000 80 / 8479600000 / 8479609999 / 6 / 1 / - / Evaporative air coolers

We recognize that this is a very technical area, hence the need for absolute clarity to assist member state customs officials. We trust that the above information is of interest to you and look forward to explaining our concerns to you further during our meeting next week.

Yours sincerely,

Andrea Voigt
Director General of EPEE

EPEE

Avenue des Arts 46, 1000 Brussels, Belgium

Tel: +32-2 732 70 40 / Fax: +32-2 732 71 76

E-Mail: / www.epeeglobal.org