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Procedure descriptions
Notification regarding the application of a derogation in connection with the commissioning of electrical switchgear that uses fluorinated greenhouse gases as insulating or switching media
If you are the operator of an electrical switchgear with fluorinated greenhouse gases and wish to put it into operation for the first time, you must notify the use of an exemption in accordance with Article 13(11), (12), (14) or (15) of Regulation (EU) 2024/573. The notification must be submitted to the competent enforcement authority before the installation in question is commissioned.
Forms/Online Services
Responsible authority
In most cases, the competent authority is the locally competent lower administrative authority, i.e
- the district administration if the premises with the plant are located in a district,
- the city administration if the premises with the plant are located in a city district.
A different responsibility applies in the following cases (among others, for companies that are subject to the European Industrial Emissions Directive, the Hazardous Incident Ordinance or mining law):
Departments 5, Environment of the respective locally responsible regional councils are the competent immission control authorities for company premises on which
- at least one installation marked with the letter E in column d of Annex 1 of the Ordinance on Installations Requiring a Licence,
- at least one operating area in accordance with Section 3 (5a) of the Federal Immission Control Act (BImSchG) (hazardous incident operation),
- at least one installation that requires a licence pursuant to Section 60 (3) sentence 1 no. 2 or no. 3 of the Federal Water Act (WHG) or
- at least one landfill in accordance with Article 10 in conjunction with Annex I of Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control), as amended
exists or is to be constructed.
Department 9, State Office for Geology, Raw Materials and Mining of the Freiburg Regional Council is also the state-wide competent immission control authority for
- Operational sites, including the facilities and activities located on them, which are subject to mining supervision,
- Operating sites with cable cars and funicular railways used for passenger transport,
- Sites with high-pressure gas pipelines which, as energy installations within the meaning of the Energy Industry Act, serve to supply gas and which are designed for a maximum permissible operating pressure of more than 16 bar,
- Underground waste disposal facilities and
- Industrial premises with installations used for the construction, significant expansion and significant modification of underground cavities.
Please ensure that you submit your licence application to the authority responsible for your facility.
Details
Prerequisite
An exemption in accordance with Article 13(11), (12), (14) or (15) of Regulation (EU) 2024/573 (F-Gases Regulation) is to be utilised.
The possible exemptions relate to the following articles of the Regulation:
- Article 13 (11) a-d: No alternative possible within the framework of the award: Commissioning permitted if no F-gas-free or GWP < 1 solution was offered after the award procedure - depending on the time and GWP limit (letters a-d).
- Article 13 paragraph 12: No GWP < 1000 bids submitted: If no offer with a GWP < 1000 is received following an award procedure, the use of higher GWP values is permitted (for example for SF6 installations).
- Article 13 (14): Previous order: Prohibition does not apply to installations ordered before 11 March 2024
- Article 13 (15): Technical incompatibility: Exception for the expansion of existing installations.
Procedure
The notification must be submitted to the competent enforcement authority before the system in question is commissioned.
Deadlines
Before commissioning the electrical switchgear.
Required documents
- If the competent authority does not offer an online application or you do not wish to use it, the form "Notification of the application of an exemption for the commissioning of an electrical switchgear system that uses fluorinated greenhouse gases as an insulating or switching medium" must be used for the notification.
- The operator is obliged to keep complete and transparent documentation that provides legally valid proof of entitlement to the relevant exemption.
- This documentation is not part of the notification, but must be submitted to the competent authority upon request.
Costs
None
Miscellaneous
The full text of the European F-Gas Regulation is the sole authoritative source for determining whether any of the exemptions mentioned actually apply. Operators are responsible for the legal assessment and documentation.
Supporting documents relating to the use of the exemption must be retained for at least five years and submitted to the enforcement authority upon request.
To use the online application, you must authenticate yourself using a‘My Business Account’ user account.
Legal basis
Verodnung (EU) 2024/573 des Europäischen Parlaments und des Rates vom 07. Februar 2024 über fluorierte Treibhausgase, zur Änderung der Richtlinie (EU) 2019/1937 und zur Aufhebung der Verordnung (EU) Nummer 517/2014:
- Artikel 13 Absatz 17
Release note
Machine generated, based on the German release by: Umweltministerium Baden-Württemberg, 16.06.2026