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Document 02024R0573-20240220
Regulation (EU) 2024/573 of the European Parliament and of the Council of 7 February 2024 on fluorinated greenhouse gases, amending Directive (EU) 2019/1937 and repealing Regulation (EU) No 517/2014 (Text with EEA relevance)
Consolidated text: Regulation (EU) 2024/573 of the European Parliament and of the Council of 7 February 2024 on fluorinated greenhouse gases, amending Directive (EU) 2019/1937 and repealing Regulation (EU) No 517/2014 (Text with EEA relevance)
Regulation (EU) 2024/573 of the European Parliament and of the Council of 7 February 2024 on fluorinated greenhouse gases, amending Directive (EU) 2019/1937 and repealing Regulation (EU) No 517/2014 (Text with EEA relevance)
02024R0573 — EN — 20.02.2024 — 000.005
This text is meant purely as a documentation tool and has no legal effect. The Union's institutions do not assume any liability for its contents. The authentic versions of the relevant acts, including their preambles, are those published in the Official Journal of the European Union and available in EUR-Lex. Those official texts are directly accessible through the links embedded in this document
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REGULATION (EU) 2024/573 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 7 February 2024 on fluorinated greenhouse gases, amending Directive (EU) 2019/1937 and repealing Regulation (EU) No 517/2014 (OJ L 573 20.2.2024, p. 1) |
Corrected by:
REGULATION (EU) 2024/573 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 7 February 2024
on fluorinated greenhouse gases, amending Directive (EU) 2019/1937 and repealing Regulation (EU) No 517/2014
(Text with EEA relevance)
CHAPTER I
General provisions
Article 1
Subject matter
This Regulation:
lays down rules on containment, use, recovery, recycling, reclamation and destruction of fluorinated greenhouse gases and on related ancillary measures, such as certification and training, which includes the safe handling of fluorinated greenhouse gases and of alternative substances that are not fluorinated;
imposes conditions on the production, import, export, placing on the market, subsequent supply and use of fluorinated greenhouse gases, and of specific products and equipment containing fluorinated greenhouse gases or whose functioning relies upon those gases;
imposes conditions on specific uses of fluorinated greenhouse gases;
establishes quantitative limits for the placing on the market of hydrofluorocarbons;
establishes rules on reporting.
Article 2
Scope
This Regulation applies to:
the fluorinated greenhouse gases listed in Annexes I, II and III, whether alone or as mixtures; and
products and equipment, and parts thereof, containing fluorinated greenhouse gases or whose functioning relies upon those gases.
Article 3
Definitions
For the purposes of this Regulation, the following definitions apply:
‘global warming potential’ or ‘GWP’ means the climatic warming potential of a greenhouse gas relative to that of carbon dioxide (CO2), calculated in terms of the 100-year global warming potential, unless otherwise specified, of one kilogram of a greenhouse gas relative to one kilogram of CO2, as set out in Annexes I, II, III and VI or in the case of mixtures, calculated in accordance with Annex VI;
‘mixture’ means a substance composed of two or more substances, at least one of which is a substance listed in Annex I, II or III;
‘tonne of CO2 equivalent’ means a quantity of greenhouse gases expressed as the product of the weight of the greenhouse gases in metric tonnes and of their global warming potential;
‘hydrofluorocarbons’ or ‘HFCs’ means the substances listed in Section 1 of Annex I or mixtures containing any of those substances;
‘operator’ means the undertaking exercising actual power over the technical functioning of products, equipment or facilities covered by this Regulation, or the owner designated by a Member State as being responsible for the operator’s obligations in specific cases;
‘placing on the market’ 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;
‘import’ means the entry of substances, products and equipment into the customs territory of the Union, in so far as the territory is covered by a ratification of the 1987 Montreal Protocol on Substances that Deplete the Ozone Layer (the ‘Protocol’), and includes temporary storage and the customs procedures referred to in Articles 201 and 210 of Regulation (EU) No 952/2013;
‘export’ means the exit of substances, products and equipment from the customs territory of the Union, in so far as the territory is covered by a ratification of the Protocol;
‘hermetically sealed equipment’ means equipment of which all parts containing fluorinated greenhouse gas are made tight during the manufacturing process at the premises of the manufacturer by welding, brazing or a similar permanent connection, which may include capped valves or capped service ports that allow proper repair or disposal, and of which the joints in the sealed system have a tested leakage rate of less than 3 grams per year under a pressure of at least a quarter of the maximum allowable pressure;
‘container’ means a receptacle which is designed primarily for transporting or storing fluorinated greenhouse gases;
‘recovery’ means the collection and storage of fluorinated greenhouse gases from containers, products and equipment during maintenance or servicing or prior to the disposal of the containers, products or equipment;
‘recycling’ means the reuse of a recovered fluorinated greenhouse gas following a basic cleaning process, including filtering and drying;
‘reclamation’ means the reprocessing of a recovered fluorinated greenhouse gas to the equivalent performance of a virgin substance, taking into account its intended use, in authorised reclamation facilities that have the appropriate equipment and procedures in place to enable the reclamation of such gases and that can assess and attest to the level of the required quality;
‘destruction’ means the process of transforming or decomposing, permanently and as completely as possible, a fluorinated greenhouse gas into one or more stable substances that are not fluorinated greenhouse gases;
‘decommissioning’ means the permanent removal from operation or usage of a product or of equipment that contains fluorinated greenhouse gases, including the final shutdown of a facility;
‘repair’ means the restoration of damaged or leaking products or equipment that contain fluorinated greenhouse gases or whose functioning relies upon those gases, involving a part containing or designed to contain such gases;
‘installation’ means the process of joining two or more pieces of equipment or circuits containing or designed to contain fluorinated greenhouse gases, with a view to assembling a system in the location where it will be operated, that entails joining together gas-carrying conductors of a system to complete a circuit irrespective of the need to charge the system after assembly;
‘maintenance or servicing’ means all activities, excluding recovery in accordance with Article 8 and leak checks in accordance with Article 4 and Article 10(1), first subparagraph, point (b), that entail opening the circuits or other subparts containing or designed to contain fluorinated greenhouse gases, supplying the system with fluorinated greenhouse gases, removing one or more pieces of circuit or equipment, reassembling two or more pieces of circuit or equipment, as well as repairing leaks, or adding fluorinated greenhouse gas;
‘virgin substance’ means a substance which has not previously been used;
‘stationary’ means not normally in transit during operation and covers room air conditioning equipment which is moveable between rooms;
‘mobile’ means normally in transit during operation;
‘one-component foam’ means a foam composition contained in a single aerosol dispenser in unreacted or partly reacted liquid state and that expands and hardens when it leaves the dispenser;
‘refrigerated truck’ means a motor vehicle with a mass of more than 3,5 tonnes that is designed and constructed primarily to carry goods and that is equipped with a refrigeration unit;
‘refrigerated trailer’ means a vehicle that is designed and constructed to be towed by a road vehicle or a tractor, primarily to carry goods and that is equipped with a refrigeration unit;
‘refrigerated light-duty vehicle’ means a motor vehicle with a mass of 3,5 tonnes or less that is designed and constructed primarily to carry goods and that is equipped with a refrigeration unit;
‘leakage detection system’ means a calibrated mechanical, electrical or electronic device for detecting leakage of fluorinated greenhouse gases which, on detection, alerts the operator;
‘undertaking’ means any natural or legal person which carries out an activity referred to in this Regulation;
‘feedstock’ means any fluorinated greenhouse gas listed in Annex I or II, that undergoes chemical transformation in a process in which it is entirely converted from its original composition and whose emissions are insignificant;
‘commercial use’ means use for the storage, display or dispensing of products, for sale to end users, in retail and food services;
‘fire protection equipment’ means the equipment and systems utilised in fire prevention or suppression applications and includes fire extinguishers;
‘organic Rankine cycle’ means a cycle containing condensable substances converting heat from a heat source into power for the generation of electric or mechanical energy;
‘military equipment’ means arms, munitions and material intended specifically for military purposes which are necessary for the protection of the essential interests of the security of Member States;
‘electrical switchgear’ means switching devices and the combination of such devices with associated control, measuring, protective and regulating equipment, and assemblies of such devices and equipment with associated interconnections, accessories, enclosures and supporting structures, intended for usage in connection with the generation, transmission, distribution and conversion of electric energy;
‘multipack centralised refrigeration systems’ means systems with two or more compressors operated in parallel, which are connected to one or more common condensers and to a number of cooling devices such as display cases, cabinets and freezers, or to chilled store rooms;
‘primary refrigerant circuit of cascade systems’ means the primary circuit in indirect medium temperature systems where a combination of two or more separate refrigeration circuits are connected in series such that the primary circuit absorbs the condenser heat from a secondary circuit for the medium temperature;
‘use’ means, in relation to fluorinated greenhouse gases, their utilisation in the production, maintenance or servicing, including refilling, of products and equipment, or in other activities and processes referred to in this Regulation;
‘establishment within the Union’ means, in relation to a natural person, for that person to have his or her habitual residence in the Union and, in relation to a legal person, for that person to have a permanent business establishment as referred to in Article 5, point (32), of Regulation (EU) No 952/2013 in the Union;
‘self-contained’ means a complete factory-made system which is in a suitable frame or casing, is fabricated and transported complete or in two or more sections, can contain isolation valves and in which no gas-containing parts are connected on site;
‘split system’ means a system consisting of a number of refrigerant piped units that form a separate but interconnected unit, requiring the installation and connection of refrigerant circuit components at the point of use;
‘air-conditioning’ means the process of treating air to meet the requirements of a conditioned space by controlling its temperature, humidity, cleanliness or distribution;
‘heat pump’ means a piece of equipment capable of using ambient heat or waste heat from air, water or ground sources to provide heat or cooling and is based on the interconnection of one or more components forming a closed cooling circuit in which a refrigerant circulates to extract and release heat;
‘safety requirements’ means requirements on the safety of using fluorinated greenhouse gases and natural refrigerants or products and equipment containing or relying on them, prohibiting the use of certain fluorinated greenhouse gases or their alternatives, including when contained in a product or in equipment at a specific place of intended utilisation due to site and application specificities that are set out in:
Union or national law; or
a non-legally binding act containing technical documentation or standards that have to be applied to ensure safety at the specific location, provided that they are in accordance with relevant Union or national law;
‘refrigeration’ means the process of maintaining or lowering the temperature of a product, substance, system or other item;
‘chiller’ means a single system whose primary function is to cool a heat transfer fluid (such as water, glycol, brine or CO2) for refrigeration, process, preservation or comfort purposes;
‘foam panel’ means a structure made of layers containing a foam and a rigid material, such as wood or metal, bound to one or both sides;
‘laminated board’ means a foam board that is covered by a thin layer of a non-rigid material, such as plastic.
CHAPTER II
Containment
Article 4
Prevention of emissions
If an intentional release is technically necessary for the intended use, operators of equipment that contains fluorinated greenhouse gases or of facilities where fluorinated greenhouse gases are used shall take all measures that are technically and economically feasible to prevent, to the extent possible, their release into the atmosphere, including by recapturing the gases emitted.
Where the equipment is subject to leak checks under Article 5(1) and a leak in the equipment has been repaired, the operators of the equipment shall ensure that the equipment is checked by a natural person who is certified in accordance with Article 10 at the earliest after an operating time of 24 hours has elapsed but not later than 1 month after the repair to verify that the repair has been effective. For mobile equipment listed in Article 5(3), points (a), (b) and (c), a leak check may be carried out directly after a repair.
For the purpose of providing that evidence, producers and importers shall draw up a declaration of conformity, accompanied by supporting documentation:
establishing the origin of the fluorinated greenhouse gases to be placed on the market;
identifying the production facility of origin of the fluorinated greenhouse gases to be placed on the market, including an identification of those facilities of origin of any precursor substances that involve the generation of chlorodifluoromethane (R-22) as part of the production process to produce the fluorinated greenhouse gases to be placed on the market;
proving the availability and operation of the abatement technology at the facilities of origin equivalent to UNFCCC-approved baseline methodology AM0001 for incineration of trifluoromethane waste streams or proving the capture and destruction methodology that ensured that emissions of trifluoromethane are destroyed in accordance with the requirements under the Protocol;
on any additional information facilitating the tracking of the fluorinated greenhouse gas prior to import.
Producers and importers shall keep the declaration of conformity and supporting documentation for a period of at least 5 years from the placing on the market and make them available, upon request, to the competent authority of the Member State concerned or to the Commission.
The Commission may, by means of implementing acts, determine the detailed arrangements relating to the declaration of conformity and supporting documentation referred to in the second subparagraph. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 34(2).
Legal persons carrying out the installation, maintenance or servicing, repair or decommissioning of the equipment listed in Article 5(2), points (a) to (e), and Article 5(3), points (a) and (b), shall be certified in accordance with Article 10 and shall take precautionary measures to prevent leakage of fluorinated greenhouse gases listed in Annex I and Section 1 of Annex II.
Natural persons carrying out the maintenance or servicing and repair of air-conditioning equipment containing fluorinated greenhouse gases in motor vehicles falling within the scope of Directive 2006/40/EC of the European Parliament and of the Council ( 1 ) and of mobile equipment listed in Article 5(3), point (c), of this Regulation shall hold at least a training attestation in accordance with Article 10(1), second subparagraph, of this Regulation.
Article 5
Leak checks
Hermetically sealed equipment shall not be checked for leaks provided that it is labelled as hermetically sealed equipment and that it complies with one of the following conditions:
it contains less than 10 tonnes of CO2 equivalent of fluorinated greenhouse gases listed in Annex I; or
it contains less than 2 kilograms of fluorinated greenhouse gases listed in Section 1 of Annex II.
By way of derogation from the second subparagraph, where hermetically sealed equipment is installed in residential buildings, it shall not be checked for leaks where that equipment contains less than 3 kilograms of fluorinated greenhouse gases provided that it is labelled as hermetically sealed.
Electrical switchgear shall not be checked for leaks provided that it complies with one of the following conditions:
it has a tested leakage rate of less than 0,1 % per year as set out in the technical specification of the manufacturer and is labelled accordingly;
it is equipped with a pressure or density monitoring device with an automatic alert system while in operation;
it contains less than 6 kilograms of fluorinated greenhouse gases listed in Annex I.
Paragraph 1 shall apply to operators and manufacturers of the following stationary equipment that contains fluorinated greenhouse gases listed in Annex I or in Section 1 of Annex II:
refrigeration equipment;
air-conditioning equipment;
heat pumps;
fire protection equipment;
organic Rankine cycles;
electrical switchgear.
Paragraph 1 shall apply to operators and manufacturers of the following mobile equipment that contains fluorinated greenhouse gases listed in Annex I or in Section 1 of Annex II:
refrigeration units of refrigerated trucks and refrigerated trailers;
refrigeration units of refrigerated light-duty vehicles, intermodal containers, including reefers, and train wagons;
air-conditioning equipment and heat pumps in heavy duty vehicles, vans, non-road mobile machinery used in agriculture, mining and construction operations, trains, metros, trams and aircraft.
As regards the equipment referred to in paragraph 2, points (a) to (e), and points (a) and (b) of this paragraph, the checks shall be carried out by natural persons certified in accordance with Article 10.
The leak checks referred to in paragraph 1 shall be carried out with the following frequency:
for equipment that contains less than 50 tonnes of CO2 equivalent of fluorinated greenhouse gases listed in Annex I or less than 10 kilograms of fluorinated greenhouse gases listed in Section 1 of Annex II: at least every 12 months; or where a leakage detection system is installed in such equipment, at least every 24 months;
for equipment that contains 50 tonnes of CO2 equivalent or more, but less than 500 tonnes of CO2 equivalent of fluorinated greenhouse gases listed in Annex I or 10 kilograms or more, but less than 100 kilograms of fluorinated greenhouse gases listed in Section 1 of Annex II: at least every 6 months or, where a leakage detection system is installed in such equipment, at least every 12 months;
for equipment that contains 500 tonnes of CO2 equivalent or more of fluorinated greenhouse gases listed in Annex I or 100 kilograms or more of fluorinated greenhouse gases listed in Section 1 of Annex II: at least every 3 months or, where a leakage detection system is installed in such equipment, at least every 6 months.
The obligations set out in paragraph 1 for fire protection equipment as referred to in paragraph 2, point (d), shall be deemed to be fulfilled provided that the following conditions are met:
the existing inspection regime meets ISO 14520 or EN 15004 standards; and
the fire protection equipment is inspected as often as is required under paragraph 6.
The obligations set out in paragraph 1, for mobile air-conditioning equipment and heat pumps, as referred to in paragraph 3, point (c), shall be deemed to be fulfilled provided that the mobile air-conditioning equipment and the heat pumps are subject to a regular inspection regime that includes leak checks.
Article 6
Leakage detection systems
Article 7
Record-keeping
Operators of equipment which is required to be checked for leaks pursuant to Article 5(1) shall establish and keep records for each piece of such equipment, specifying the following information:
the quantity and type of gases contained in the equipment, indicating separately, if applicable, the quantity added during installation;
the quantities of gases added during maintenance or servicing or due to leakage, including the date of such addition;
the quantity of gases recovered;
where gases have been added, the quantity and type of those gases and whether they have been recycled or reclaimed, and the name and address in the Union of the recycling or reclamation facility and, where applicable, the certificate number;
the identity of the undertaking which installed, serviced, maintained and, where applicable, recovered, repaired, checked for leaks or decommissioned the equipment, including, where applicable, the number of its certificate and where the undertaking responsible for carrying out those operations is a legal person, both the identifying details of the undertaking and of the natural person performing the operations;
the dates and results of the checks carried out under Article 5(1), as well as the dates and results of any leak repairs;
if the equipment was decommissioned, the measures taken to recover and dispose of the gases.
Unless the records referred to in paragraph 1 are stored in a database set up by the competent authorities of the Member States, the following rules apply:
the operators referred to in paragraph 1 shall keep the records referred to in that paragraph for at least 5 years;
undertakings carrying out the activities referred to in paragraph 1, point (e), for operators shall keep copies of the records referred to in paragraph 1 for at least 5 years.
The records referred to in paragraph 1 shall be made available, upon request, to the competent authority of the Member State concerned or to the Commission.
For the purposes of Article 11(6), undertakings supplying fluorinated greenhouse gases listed in Annex I or in Section 1 of Annex II, shall establish records of relevant information on the purchasers of those fluorinated greenhouse gases that includes the following details:
the certificate number of each purchaser;
the respective quantities of the gases purchased.
The undertakings supplying the gases shall keep the records for at least 5 years and make those records available, upon request, to the competent authority of the Member State concerned or to the Commission.
Undertakings that produce, including as by-product, place on the market, supply or receive substances listed in Section 1 of Annex I intended for exempted uses referred to in Article 16(2), shall keep records containing at least the following information, as applicable:
name of the substance or mixture containing such substance;
quantity produced, imported, exported, reclaimed or destroyed during the given calendar year;
quantity supplied and received during the given calendar year, per individual supplier or receiver;
names and contact details of the suppliers or receivers;
quantity used, during the given calendar year and specifying the actual use; and
quantity stored on 1 January and 31 December of the given calendar year.
The undertakings shall keep the records referred to in the first subparagraph for at least 5 years after production, placing on the market, supply or receipt, and shall make them available, upon request, to the competent authorities of the Member State concerned or to the Commission. Those competent authorities and the Commission shall ensure the confidentiality of information contained in those records.
Article 8
Recovery and destruction
The recovery of those substances shall be carried out by natural persons who hold the relevant certificates provided for in Article 10.
The obligation laid down in paragraph 1 shall apply to operators of any of the following stationary equipment:
the cooling circuits of refrigeration, air-conditioning equipment and heat pumps;
equipment that contains fluorinated greenhouse gas-based solvents;
fire protection equipment;
electrical switchgear.
The obligation laid down in paragraph 1 shall apply to operators of any of the following mobile equipment:
the cooling circuits of refrigeration units of refrigerated trucks and refrigerated trailers;
the cooling circuits of refrigeration units of refrigerated light-duty vehicles and intermodal containers, including reefers, and train wagons;
the cooling circuits of air-conditioning equipment and heat pumps in heavy duty vehicles, vans, non-road mobile machinery used in agriculture, mining and construction operations, trains, metros, trams and aircraft.
Where removal of the foams referred to in the first subparagraph is not technically feasible, the building owner or contractor shall draw up documentation providing evidence on the infeasibility of the removal in the specific case. Such documentation shall be kept for 5 years and shall be made available, upon request, to the competent authority of the Member State concerned or to the Commission.
The recovery of fluorinated greenhouse gases listed in Annex I and in Section 1 of Annex II from air-conditioning equipment in road vehicles outside the scope of Directive 2006/40/EC shall be carried out only by natural persons holding at least a training attestation in accordance with Article 10(1), second subparagraph, of this Regulation.
Other fluorinated greenhouse gases for which the destruction technology has not been approved shall be destroyed only by destruction technology that complies with Union and national law on waste and where additional requirements under such law are met.
Article 9
Extended producer responsibility schemes
Without prejudice to existing extended producer responsibility schemes, Member States shall ensure that by 31 December 2027, the financing obligations for waste electrical and electronic equipment referred to in Articles 12 and 13 of Directive 2012/19/EU include the financing of the recovery, and the recycling, reclamation or destruction, of fluorinated greenhouse gases listed in Annexes I and II to this Regulation from the products and equipment, containing those gases, which are electrical and electronic equipment within the meaning of Directive 2012/19/EU and that have been placed on the market from 11 March 2024.
Member States shall inform the Commission about the actions undertaken.
Article 10
Certification and training
Natural persons shall be certified to carry out the following activities involving fluorinated greenhouse gases within the meaning of Article 4(7), Article 5(1) and Article 8(1), covering the fluorinated greenhouse gases specified therein, or involving relevant alternatives to fluorinated greenhouse gases, including natural refrigerants, where relevant:
installation, maintenance or servicing, repair or decommissioning of the equipment listed in Article 5(2), points (a) to (f), and in Article 5(3), points (a) and (b);
leak checks of the equipment referred to in Article 5(2), points (a) to (e), and in Article 5(3), points (a) and (b);
recovery from equipment listed in Article 8(2), and in Article 8(3), point (a).
Natural persons shall hold at least a training attestation to carry out the following activities involving fluorinated greenhouse gases within the meaning of Article 4(7), Article 5(1), Article 8(1), and Article 8(10), covering the fluorinated greenhouse gases specified therein, or involving relevant alternatives to fluorinated greenhouse gases, including natural refrigerants, where relevant:
maintenance or servicing, or repair of air-conditioning equipment in motor vehicles falling within the scope of Directive 2006/40/EC, and recovering of fluorinated greenhouse gases from such equipment;
recovering fluorinated greenhouse gases from equipment listed in Article 8(3), points (b) and (c), and in Article 8(10), second subparagraph;
maintenance or servicing, repair and leak checks of equipment listed in Article 5(3), point (c).
The certification programmes and training on practical skills and theoretical knowledge provided for in paragraph 3 shall cover the following:
applicable regulations and technical standards;
emission prevention;
recovery of fluorinated greenhouse gases listed in Annex I and in Section 1 of Annex II;
safe handling of equipment of the type and size covered by the certificate;
safe handling of equipment containing flammable or toxic gases or operating under high-pressure or involving other relevant risks;
the measures for improving or maintaining the energy efficiency of equipment during installation, or maintenance or servicing.
Member States shall recognise certificates and training attestations issued in another Member State in accordance with this Article. They shall not restrict the freedom to provide services or the freedom of establishment because a certificate was issued in another Member State.
Member States which apply the first subparagraph shall inform the Commission. The Commission shall thereafter inform the other Member States.
CHAPTER III
Restrictions and control of use
Article 11
Restrictions on placing on the market and sale
By way of derogation from the first subparagraph, the placing on the market of parts of products and equipment required for repair and servicing of existing equipment listed in Annex IV is allowed provided that the repair or servicing does not result in:
an increase in the capacity of the product or equipment;
an increase in the amount of fluorinated greenhouse gas contained in the product or equipment; or
a change in the type of fluorinated greenhouse gas used that would lead to an increase of the global warming potential of the fluorinated greenhouse gas used.
Products and equipment, including parts thereof, unlawfully placed on the market after the date referred to in the first subparagraph, shall not be subsequently used, supplied, or made available to other persons within the Union for payment or free of charge, or exported. Re-export of such products and equipment is allowed when the non-compliance with this Regulation has been established prior to the release for free circulation of goods for the purpose of import, in accordance with the measures referred to in Article 23(12). Such products and equipment may only be stored or transported for subsequent disposal and for the recovery of the gas prior to the disposal pursuant to Article 8 or for their re-export.
The re-export of products and equipment for which the non-compliance with this Regulation has been established prior to their release for free circulation is allowed. In such cases, Article 22(3) shall not apply.
One year following the individual dates listed in Annex IV, the subsequent supply or making available to another person in the Union for payment or free of charge of products or equipment lawfully placed on the market prior to the date referred to in the first subparagraph shall be allowed only if evidence is provided that the product or equipment was placed lawfully on the market prior to that date.
The first subparagraph shall apply to non-refillable containers, namely:
containers which cannot be refilled without being adapted for that purpose; and
containers which could be refilled but are imported or placed on the market without provision having been made for their return for refilling.
The undertakings referred to in the first subparagraph shall keep the declaration of conformity for a period of at least 5 years from the placing on the market of the refillable containers for fluorinated greenhouse gases and shall make that declaration available, upon request, to the competent authority of the Member State concerned or to the Commission. Suppliers of refillable containers for fluorinated greenhouse gases to end users shall keep evidence of compliance with the binding arrangements referred to in the first subparagraph for a period of at least 5 years from supply to the end user and shall make that evidence available, upon request, to the competent authority of the Member State concerned or to the Commission.
The Commission may, by means of implementing acts, determine the requirements for including the elements that are essential for the binding arrangements referred to in the first subparagraph of this paragraph in the declaration of conformity. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 34(2).
Following a substantiated request by a competent authority of a Member State and taking into account the objectives of this Regulation, the Commission may, exceptionally, by means of implementing acts, authorise an exemption for up to 4 years to allow the placing on the market of products and equipment listed in Annex IV, or, by way of derogation from Article 13(9), the putting into operation of new or extended electrical switchgear, including parts thereof, containing fluorinated greenhouse gases or whose functioning relies upon those gases, where it is demonstrated that:
for a specific product or a piece of equipment, or for a specific category of products or equipment, alternatives are not available, or cannot be used for technical or safety reasons; or
the use of technically feasible and safe alternatives would entail disproportionate costs.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 34(2).
This paragraph shall not prevent non-certified undertakings that do not carry out the activities referred to in the first subparagraph from collecting, transporting or delivering fluorinated greenhouse gases listed in Annex I and in Section 1 of Annex II.
Article 12
Labelling and product and equipment information
Products and equipment that contain fluorinated greenhouse gases or whose functioning relies upon those gases shall be placed on the market, subsequently supplied or made available to any other person, only if they are labelled. This applies to:
refrigeration equipment;
air-conditioning equipment;
heat pumps;
fire protection equipment;
electrical switchgear;
aerosol dispenser that contain fluorinated greenhouse gases, including metered dose inhalers;
all fluorinated greenhouse gas containers;
fluorinated greenhouse gas-based solvents; or
organic Rankine cycles.
The label required pursuant to paragraph 1 shall indicate the following information:
an indication that the product or equipment contains fluorinated greenhouse gases or that its functioning relies upon such gases;
the accepted industry designation for the fluorinated greenhouse gases concerned or, if no such designation is available, the chemical name;
from 1 January 2017, the quantity expressed in weight and in CO2 equivalent of fluorinated greenhouse gases contained in the product or equipment, or the quantity of fluorinated greenhouse gases for which the equipment is designed, and the global warming potential of those gases.
The label shall indicate the following information, where applicable:
a reference that the fluorinated greenhouse gases are contained in hermetically sealed equipment;
a reference that the electrical switchgear has a tested leakage rate of less than 0,1 % per year as set out in the technical specification of the manufacturer.
Where products or equipment have been retrofitted and the fluorinated greenhouse gases have been changed, those products or equipment shall be relabelled with updated information as referred to in this paragraph.
The label required pursuant to paragraph 1 shall be clearly legible and indelible and shall be placed either:
adjacent to the service ports for charging or recovering the fluorinated greenhouse gas; or
on that part of the product or equipment that contains the fluorinated greenhouse gas.
The label shall be written in the official languages of the Member State in which the good is to be placed on the market, made available or supplied.
In the absence of the labelling requirements referred to in the first subparagraph of this paragraph and in paragraphs 8 to 12, the hydrofluorocarbons shall be subject to the quota requirements pursuant to Article 16(1).
In the case of products and equipment that contain fluorinated greenhouse gases listed in Annexes I and II with a global warming potential of 150 or more, that information shall also be included in descriptions used for advertising.
Article 13
Control of use
The prohibitions referred to in the first subparagraph shall not apply to military equipment or equipment intended for applications designed to cool products to temperatures below – 50 °C.
The prohibitions referred to in the first subparagraph shall not apply to the following categories of fluorinated greenhouse gases until 1 January 2030:
reclaimed fluorinated greenhouse gases listed in Annex I with a global warming potential of 2 500 or more used for the maintenance or servicing of existing refrigeration equipment, provided that containers containing those gases have been labelled in accordance with Article 12(7);
recycled fluorinated greenhouse gases listed in Annex I with a global warming potential of 2 500 or more used for the maintenance or servicing of existing refrigeration equipment, provided that they have been recovered from such equipment; such recycled gases shall only be used by the undertaking which carried out their recovery as part of maintenance or servicing or by the undertaking for which the recovery was carried out as part of maintenance or servicing.
The prohibitions referred to in the first subparagraph shall not apply to refrigeration equipment for which an exemption has been authorised in accordance with Article 11(5).
The prohibition referred to in the first subparagraph shall not apply to the following categories of fluorinated greenhouse gases until 1 January 2032:
reclaimed fluorinated greenhouse gases listed in Annex I with a global warming potential of 2 500 or more used for the maintenance or servicing of existing air-conditioning equipment and heat pumps, provided that containers containing those gases have been labelled in accordance with Article 12(7);
recycled fluorinated greenhouse gases listed in Annex I with a global warming potential of 2 500 or more used for the maintenance or servicing of existing air-conditioning equipment and heat pumps, provided those gases have been recovered from such equipment; such recycled gases shall only be used by the undertaking which carried out their recovery as part of maintenance or servicing or by the undertaking for which the recovery was carried out as part of maintenance or servicing.
The prohibition referred to in the first subparagraph shall not apply to military equipment or equipment intended for applications designed to cool products to temperatures below – 50 °C or equipment intended for applications designed to cool nuclear power stations.
The prohibition referred to in the first subparagraph shall not apply to the following categories of fluorinated greenhouse gases:
reclaimed fluorinated greenhouse gases listed in Annex I with a global warming potential of 750 or more used for the maintenance or servicing of existing stationary refrigeration equipment, with the exclusion of chillers, provided that containers containing those gases have been labelled in accordance with Article 12(7);
recycled fluorinated greenhouse gases listed in Annex I with a global warming potential of 750 or more used for the maintenance or servicing of existing stationary refrigeration equipment, with the exclusion of chillers, provided such gases have been recovered from such equipment; such recycled gases shall only be used by the undertaking which carried out their recovery as part of maintenance or servicing or by the undertaking for which the recovery was carried out as part of maintenance or servicing.
From 1 January 2035, the use of SF6 for the maintenance or servicing of electrical switchgear equipment shall be prohibited unless it is reclaimed or recycled, except if it is proved that reclaimed or recycled SF6:
cannot be used on technical grounds; or
are not available in the event of an emergency repair situation.
In such cases, the user shall provide evidence, upon request, setting out the justification for use to the competent authority of the Member State concerned or to the Commission.
This paragraph shall not apply to military equipment.
The putting into operation of the following electrical switchgear using, or whose functioning relies upon, fluorinated greenhouse gases in insulating or breaking medium shall be prohibited as follows:
from 1 January 2026, medium voltage electrical switchgear for primary and secondary distribution up to and including 24 kV;
from 1 January 2030, medium voltage electrical switchgear for primary and secondary distribution from more than 24 kV up to and including 52 kV;
from 1 January 2028, high voltage electrical switchgear from more than 52 kV up to and including 145 kV and up to and including 50 kA short circuit current, with a global warming potential of 1 or more;
from 1 January 2032, high voltage electrical switchgear of more than 145 kV or more than 50 kA short circuit current, with a global warming potential of 1 or more.
By way of derogation from paragraph 9, the putting into operation of electrical switchgear using or whose functioning relies upon fluorinated greenhouse gases as insulating or breaking medium with a global warming potential lower than 1 000 is allowed if, following a procurement procedure that considers the technical specificities of the equipment required for the specific use concerned one of the following situations applies:
during the first 2 years after the relevant dates referred to in paragraph 9, points (a) and (b), no bids or only bids offering equipment from one manufacturer of electrical switchgear with insulating or breaking medium not using fluorinated greenhouse gases were received;
during the first 2 years after the relevant dates referred to in paragraph 9, points (c) and (d), no bids or only bids offering equipment from one manufacturer of electrical switchgear with insulating or breaking medium with a global warming potential of less than one was received;
after the 2-year period referred to in point (a), no bids were received offering equipment from one manufacturer of electrical switchgear with insulating or breaking medium not using fluorinated greenhouse gases; or
after the 2-year period referred to in point (b), no bids were received offering equipment from one manufacturer of electrical switchgear with insulating or breaking medium with a global warming potential of less than one.
The putting into operation of any equipment or utilisation of any product listed in points 2(b), 4, 5(c), 7(b), (c) and (d), 8(b) to (e), 9(b) to (f), 11(c), 17(c) and 19(b) of Annex IV after the respective prohibition date specified in those points shall be prohibited unless the operator can provide evidence that:
the relevant safety requirements at the particular location do not permit the installation of equipment or utilisation of products using fluorinated greenhouse gases below the global warming potential value specified in the respective prohibitions; or
the equipment or product was placed on the market before the relevant prohibition date set out in Annex IV.
CHAPTER IV
Production schedule and reduction of the quantity of hydrofluorocarbons placed on the market
Article 14
Production of hydrofluorocarbons
Article 15
Transfer and authorisation of production rights for industrial rationalisation
Article 16
Reduction of the quantity of hydrofluorocarbons placed on the market
Producers and importers placing hydrofluorocarbons on the market shall not exceed the quota available to them at the moment of placing on the market.
Paragraph 1 shall not apply to hydrofluorocarbons that are:
imported into the Union for destruction;
used by a producer as feedstock or supplied directly by a producer or an importer to undertakings for use as feedstock;
supplied directly by a producer or an importer to undertakings for export out of the Union, not contained in products or equipment, where those hydrofluorocarbons are not subsequently made available to any other person within the Union, prior to export;
supplied directly by a producer or an importer for use in military equipment;
supplied directly by a producer or an importer to an undertaking using it for the etching of semiconductor material or the cleaning of chemicals vapour deposition chambers within the semiconductor manufacturing sector.
Following a substantiated request by a competent authority of a Member State and taking into account the objectives of this Regulation, and in light of any data provided by the European Medicines Agency, the Commission may, exceptionally, by means of implementing acts, authorise an exemption for up to 4 years to exclude from the quota requirement laid down in paragraph 1 hydrofluorocarbons for use in specific applications, or specific categories of products or equipment, where it is demonstrated in the request that:
for those particular applications, products or equipment, alternatives are not available, or cannot be used for technical or safety reasons or risks to public health; and
a sufficient supply of hydrofluorocarbons cannot be ensured without entailing disproportionate costs.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 34(2).
Article 17
Determination of reference values and quota allocations for the placing on the market of hydrofluorocarbons
The Commission shall determine those reference values for all producers and importers that placed on the market hydrofluorocarbons during the previous 3 years, by means of an implementing act that determines references values for all producers and importers. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 34(2).
The Commission may request relevant documentation to that effect. The adjusted reference values shall be made accessible in the F-gas Portal.
Producers and importers may pay only for a part of the calculated maximum quota allocation offered to them. In such a case, those producers and importers shall be allocated the quota corresponding to the payment made by the deadline referred to in the first subparagraph.
Until 31 December 2027, the Commission shall redistribute the quota for which a payment has not been made by the set deadline, free of charge, to only those producers and importers that have paid the total amount due for their calculated maximum quota allocation referred to in the first subparagraph and that have made a declaration as referred to in paragraph 3. That redistribution shall be made on the basis of each producer’s or importer's share of the sum of all the maximum calculated quota offered to and paid for in full by those producers and importers. From 1 January 2028, the quota for which a payment has not been made by the set deadline shall be cancelled.
The Commission shall be authorised not to fully allocate the maximum quantity referred to in Annex VII or allocate additional quota, as contingency for implementation issues during the allocation period.
Where the assessment demonstrates a severe shortage of fluorinated greenhouse gases listed in Section 1 of Annex I for the deployment of heat pumps which could endanger the attainment of the REPowerEU heat pump deployment targets, the Commission shall adopt delegated acts in accordance with Article 32 to amend Annex VII in order to allow the placing on the market of a quantity of fluorinated greenhouse gases listed in Annex I, in addition to the quota under Annex VII, respectively up to 4 410 247 tonnes of CO2 equivalent, per year, for the period 2025-2026 and up to 1 425 536 tonnes of CO2 equivalent, per year, for the period 2027-2029.
Where the Commission adopts a delegated act as referred to in the second subparagraph of this Article, the additional quota shall be distributed to producers and importers that have reported under Article 26, in the previous year, on heat pump use as one of the main categories of application in which the substance is used, following their request submitted via the F-gas Portal.
Article 18
Conditions for registration and receiving quota allocations
For the purpose of submitting a quota declaration pursuant to Article 17(3) and receiving a quota allocation pursuant to Article 17(4), as well as for the purpose of determining reference values pursuant to Article 17(1), all undertakings that share the same beneficial owner shall be considered as a single undertaking. Only that single undertaking, which is the one registered first in the F-gas Portal unless indicated otherwise by the beneficial owner, shall be entitled to a reference value pursuant to Article 17(1) and to a quota allocation pursuant to Article 17(4).
Article 19
Products or equipment pre-charged with hydrofluorocarbons
The prohibition set out in the first subparagraph shall apply to such metered dose inhalers from 1 January 2025.
By drawing up the declaration of conformity, manufacturers and importers of products or equipment shall assume responsibility for compliance with this paragraph and paragraph 1.
Manufacturers and importers of products or equipment shall keep the documentation and the declaration of conformity for a period of at least 5 years from the placing on the market of those products or equipment and shall make them available, upon request, to the competent authority of the Member State concerned or to the Commission.
The independent auditor shall be either:
accredited pursuant to Directive 2003/87/EC of the European Parliament and of the Council ( 3 ); or
accredited to verify financial statements in accordance with the legislation of the Member State concerned.
Article 20
F-gas Portal
Undertakings shall have a valid registration in the F-gas Portal prior to carrying out any of the following activities:
the import or export of fluorinated greenhouse gases, and products and equipment containing fluorinated greenhouse gases, except in the case of temporary storage as defined in Article 5, point (17), of Regulation (EU) No 952/2013;
submitting a declaration pursuant to Article 17(3);
receiving a quota allocation for the placing on the market of hydrofluorocarbons in accordance with Article 17(4), or making or receiving a quota transfer in accordance with Article 21(1), or making or receiving an authorisation to use quota in accordance with Article 21(2), or delegating that authorisation to use quota in accordance with Article 21(3);
supplying or receiving hydrofluorocarbons for the purposes listed in Article 16(2), points (a) to (e);
carrying out all other activities that require reporting under Article 26;
receiving production rights pursuant to Article 14 and for making or receiving a transfer and an authorisation of production rights referred to in Article 15;
verifying reports referred to in Article 19(3) and Article 26(8).
Registration in the F-gas Portal shall be valid only once the Commission validates it and for as long as it is not suspended or revoked by the Commission or withdrawn by the undertaking.
The competent authorities of Member States and the Commission shall ensure the confidentiality of the data included in the F-gas Portal.
The Commission shall make publicly available, no later than 3 months after the allocation is completed for a given year, the following:
a list of quota holders;
a list of the undertakings that are subject to the reporting requirements set out in Article 26.
Notwithstanding the first subparagraph, requests to correct data that negatively affect the entitlements of other producers and importers not involved in the underlying transaction shall be refused.
Article 21
Transfer of quota and authorisation to use quota for the placing on the market of hydrofluorocarbons in imported equipment
Quota that is transferred under the first subparagraph shall not be transferred a second time.
The respective quantities of hydrofluorocarbons shall be deemed to be placed on the market by the authorising producer or importer at the moment of the authorisation.
CHAPTER V
Trade
Article 22
Imports and exports
This paragraph does not apply to products and equipment that are personal effects.
The prohibition set out in the first subparagraph shall not apply to military equipment or to products and equipment that can be placed on the market in the Union in accordance with Annex IV.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 34(2).
Article 23
Trade controls
For the purpose of imports other than release for free circulation, the undertaking registered in the F-gas Portal pursuant to Article 20 shall be the declarant indicated in the customs declaration who is the holder of the authorisation for a special procedure other than transit, unless there is a transfer of rights and obligations pursuant to Article 218 of Regulation (EU) No 952/2013 to allow another person to be the declarant. ►C1 In the case of transit procedure, the undertaking registered in the F-gas Portal pursuant to Article 20 shall be the holder of the procedure. ◄
For the purposes of exports, the undertaking registered in the F-gas Portal pursuant to Article 20 shall be the exporter indicated in the customs declaration.
In cases of imports of fluorinated greenhouse gases, and products and equipment containing those gases or whose functioning relies upon those gases, the importer or, where not available, the declarant, indicated in the customs declaration or in the temporary storage declaration, and in cases of exports the exporter indicated in the customs declaration, shall provide to customs authorities the following information, where relevant, in the customs declaration:
F-gas Portal registration identification number;
Economic Operators Registration and Identification (EORI) number;
net mass of bulk gases and of gases contained in products and equipment, and in parts thereof;
commodity code under which the goods are classified;
tonnes of CO2 equivalent of bulk gases and of gases contained in products or equipment, and in parts thereof.
Based on risk analysis, when carrying out physical customs controls on the substances, products and equipment covered by this Regulation, the customs authority shall, in particular, verify the following on imports and exports:
that the goods presented correspond to those described in the licence and in the customs declaration;
that the product or equipment presented does not fall under the prohibitions referred to in Article 11(1) and (3);
that the goods are appropriately labelled in accordance with Article 12 before those goods are released for free circulation.
The importer or where the importer is not available, the declarant, or the exporter, as appropriate, shall make the licence available to customs authorities during the controls in accordance with Article 15 of Regulation (EU) No 952/2013.
In other cases, not referred to in the first subparagraph, of unlawful import, subsequent supply, or export carried out in violation of this Regulation, in particular where fluorinated greenhouse gases listed in Section 1 of Annex I are placed on the market in bulk or charged in products and equipment in violation of the quota and authorisation requirements set out in this Regulation, customs authorities or market surveillance authorities may take alternative measures. Such measures may include auctioning provided that the subsequent placing on the market is in accordance with this Regulation.
The export of fluorinated greenhouse gases listed in Section 1 of Annex I for which the non-compliance has been established after their release for free circulation, shall be prohibited.
Only the designated or approved customs offices or other places referred to in the first subparagraph shall be authorised to open or end a transit procedure of the gases and products or equipment covered by this Regulation.
Article 24
Measures to monitor illegal trade
On the basis of regular monitoring of trade in fluorinated greenhouse gases and assessment of the potential risks of illegal trade linked to the movements of fluorinated greenhouse gases, and products and equipment containing those gases or whose functioning relies upon those gases, the Commission is empowered to adopt delegated acts in accordance with Article 32 to:
supplement this Regulation by specifying the criteria to be taken into account by the competent authorities of Member States when carrying out checks, in accordance with Article 29, to establish whether undertakings comply with their obligations under this Regulation;
supplement this Regulation by specifying the requirements to be checked when monitoring, in accordance with Article 23, fluorinated greenhouse gases, and products and equipment containing those gases or whose functioning relies upon those gases, placed under temporary storage or under a customs procedure, including customs warehousing or the free zone procedure, or in transit through the customs territory of the Union;
amend this Regulation by adding tracing methodologies for fluorinated greenhouse gases placed on the market for the monitoring, in accordance with Article 22, of imports and exports of fluorinated greenhouse gases, and products and equipment containing those gases or whose functioning relies upon those gases, placed under temporary storage or under a customs procedure.
Article 25
Trade with States or regional economic integration organisations and territories not covered by the Protocol
CHAPTER VI
Reporting and collection of emission data
Article 26
Reporting by undertakings
By 31 March 2024 and every year thereafter, each producer or importer that has been allocated quota pursuant to Article 17(4), or to whom quota has been transferred pursuant to Article 21(1), but has not placed any quantities of hydrofluorocarbons on the market during the preceding calendar year, shall report to the Commission by submitting a ‘nil-report’.
By 31 March 2025 and every year thereafter, each producer or importer that placed on the market hydrofluorocarbons for the purpose of producing metered dose inhalers for the delivery of pharmaceutical ingredients shall report to the Commission the data specified in Annex IX. The manufacturers of such metered dose inhalers shall report to the Commission the data specified in Annex IX on the hydrofluorocarbons received.
By 30 April 2025 and every year thereafter, each undertaking which, under paragraph 1, reports on the placing on the market of 1 000 tonnes of CO2 equivalent or more of hydrofluorocarbons during the preceding calendar year shall, in addition, ensure that the veracity of its report is confirmed, at a reasonable level of assurance, by an independent auditor. The auditor shall be registered in the F-gas Portal and shall be accredited:
pursuant to Directive 2003/87/EC; or
to verify financial statements in accordance with the legislation of the Member State concerned.
The transactions referred to in Article 16(2), point (c), shall be verified regardless of the quantities involved.
The Commission may request an undertaking to ensure that the veracity of its report is confirmed by an independent auditor at a reasonable level of assurance, regardless of the quantities involved, where it is needed to confirm that undertaking’s compliance with this Regulation.
The Commission may, by means of implementing acts, specify the details of the verification of reports and of the accreditation of auditors. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 34(2).
The Commission may, by means of implementing acts, determine the format of submitting the reports referred to in this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 34(2).
Article 27
Collection of emissions data
Member States shall establish reporting systems for the relevant sectors referred to in this Regulation, with the objective of acquiring emissions data.
Member States shall, where appropriate, enable the recording of the information collected in accordance with Article 7 via a centralised electronic system.
The Commission may provide guidance for the design of the centralised electronic system by Member States.
CHAPTER VII
Enforcement
Article 28
Cooperation and exchange of information
Where cooperation with customs authorities is needed to ensure a proper implementation of the Customs Risk Management System, competent authorities of Member States shall provide all necessary information to customs authorities in accordance with Article 47(2) of Regulation (EU) No 952/2013.
The information referred to in the first subparagraph shall also be made available to competent authorities of other Member States and to the Commission when needed to ensure the enforcement of this Regulation. Competent authorities shall immediately inform the Commission of infringements of Article 16(1).
The Customs Risk Management System shall be used for the exchange of customs risk-related information.
Customs authorities shall also exchange any relevant information related to infringements of this Regulation in accordance with Council Regulation (EC) No 515/97 ( 4 ) and shall request assistance from the other Member States and the Commission where necessary.
Article 29
Obligation to carry out checks
The competent authorities of Member States shall also carry out checks when they are in possession of evidence or other relevant information, including based on substantiated concerns provided by third parties or the Commission, concerning potential non-compliance with this Regulation.
The checks referred to in paragraphs 1 and 2 shall include:
on-site visits of establishments with the appropriate frequency and verification of relevant documentation and equipment; and
checks of online platforms pursuant to this paragraph.
Without prejudice to Regulation (EU) 2022/2065 of the European Parliament and of the Council ( 5 ), where an online platform, falling within the scope of Chapter III, Section 4, of that Regulation, allows distance contracts to be concluded with undertakings offering fluorinated greenhouse gases or products and equipment that contain such gases, competent authorities of Member States shall verify whether the undertaking, the fluorinated greenhouse gases, the products or the equipment offered comply with the requirements laid down in this Regulation. Competent authorities of Member States shall inform and cooperate with the Commission and with the relevant competent authorities referred to in Article 49 of Regulation (EU) 2022/2065 for the purpose of ensuring compliance with that Regulation.
Checks shall be carried out without prior warning given to the undertaking, except where prior notification is necessary in order to ensure the effectiveness of the checks. Member States shall ensure that undertakings provide the competent authorities with all necessary assistance to enable those authorities to carry out the checks provided for in this Article.
Article 30
Reporting of breaches and protection of persons reporting such breaches
Directive (EU) 2019/1937 shall apply to the reporting of breaches of this Regulation and the protection of persons reporting such breaches.
CHAPTER VIII
Penalties, Consultation Forum, committee procedure and exercise of the delegation
Article 31
Penalties
The penalties shall be effective, proportionate and dissuasive, and shall be determined while having due regard to the following, as applicable:
the nature and gravity of the infringement;
the human population or the environment affected by the infringement, taking into account the need to ensure a high level of protection of human health and the environment;
any previous infringements of this Regulation by the undertaking held responsible;
the financial situation of the undertaking held responsible.
The penalties shall include:
administrative financial penalties in accordance with paragraph 4; however, Member States may also, or alternatively, use criminal penalties, provided that they are equivalently effective, proportionate and dissuasive as the administrative financial penalties;
confiscation or seizure, or withdrawal or removal from the market, or taking possession by the competent authorities of Member States of illegally obtained goods;
temporary prohibition from using, producing, importing, exporting or placing on the market the fluorinated greenhouse gases or products and equipment containing fluorinated greenhouse gases or whose functioning relies upon them, in the event of a serious infringement or of repeated infringements.
In the case of unlawful production, import, export, placing on the market or use of fluorinated greenhouse gases, or of products and equipment containing those gases or whose functioning relies upon those gases, the maximum amount of the administrative financial penalty shall be at least five times the market value of the gases or products and equipment concerned. Where such infringements are repeated within a five-year period, the maximum amount of the administrative financial penalty shall be at least eight times the market value of the gases or products and equipment concerned.
The amount of reduction shall be calculated as 200 % of the amount by which the quota was exceeded. If the amount of the reduction is higher than the amount to be allocated in accordance with Article 17(4) as a quota for the allocation period after the excess has been detected, no quota shall be allocated for that allocation period and the quota for the following allocation periods shall be reduced likewise until the full amount has been deducted. The reductions shall be recorded in the F-gas Portal.
Article 32
Exercise of the delegation
Article 33
Consultation Forum
The Commission shall establish a Consultation Forum for providing advice and expertise in relation to the implementation of this Regulation. The rules of procedure of the Consultation Forum shall be established by the Commission and shall be published. The Consultation Forum shall, where relevant, involve the European Medicines Agency.
Article 34
Committee procedure
CHAPTER IX
Transitional and final provisions
Article 35
Review
The report shall include an evaluation of the following:
whether cost-effective, technically feasible, energy-efficient, sufficiently available and reliable alternatives exist, which make the replacement of fluorinated greenhouse gases possible in the products and equipment listed in Annex IV covered by prohibitions that have not yet become applicable at the time of the evaluation, especially products and equipment subject to full fluorinated greenhouse gas prohibitions, including ‘split’ air conditioners and heat pumps;
international developments relevant for the shipping sector and the potential expansion of the scope of containment requirements to fluorinated greenhouse gases contained in refrigeration and air-conditioning equipment of ships;
the potential expansion of the scope of the export prohibition referred to in Article 22(3), taking into account, inter alia, the potential increased global availability of products and equipment containing low GWP fluorinated greenhouse gases or natural alternatives and developments under the Protocol;
the potential inclusion in the quota requirement laid down in Article 16(1), of the hydrofluorocarbons for purposes listed in Article 16(2), in particular hydrofluocarbons supplied directly by a producer or an importer to an undertaking using it for etching of semiconductor material or the cleaning of chemicals vapour deposition chambers within the semiconductor manufacturing sector;
the risk of excessive reduction of competition in the market due to the prohibitions and related exceptions under Article 13(9), in particular those on high voltage electrical switchgear of more than 145 kV or more than 50 kA short circuit current.
The Commission shall submit, if appropriate, a legislative proposal, which may include amendments to Annex IV, to the European Parliament and Council.
Article 36
Amendment to Directive (EU) 2019/1937
In Part I, Section E, point 2, of the Annex to Directive (EU) 2019/1937, the following point is added:
Regulation (EU) 2024/573 of the European Parliament and of the Council of 7 February 2024 on fluorinated greenhouse gases, amending Directive (EU) 2019/1937 and repealing Regulation (EU) No 517/2014 (OJ L, 2024/573, 20.2.2024, ELI: http://data.europa.eu/eli/reg/2024/573/oj).’.
Article 37
Repeal and transitional provisions
Article 38
Entry into force and application
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
Article 12 and Article 17(5) shall apply from 1 January 2025.
Article 20(2), Article 20(3) and Article 23(5) shall apply from 3 March 2025 for release for free circulation referred to in Article 201 of Regulation (EU) No 952/2013 and for all other import procedures and for export.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
ANNEX I
FLUORINATED GREENHOUSE GASES REFERRED TO IN ARTICLE 2, POINT (A) ( 8 ) – HYDROFLUOROCARBONS, PERFLUOROCARBONS AND OTHER FLUORINATED COMPOUNDS
|
Substance |
GWP (1) |
20 years-GWP (2) for information purposes only |
||
|
Industrial designation |
Chemical name (Common name) |
Chemical formula |
||
|
Section 1: Hydrofluorocarbons (HFCs) |
||||
|
HFC-23 |
trifluoromethane (fluoroform) |
CHF3 |
14 800 |
12 400 |
|
HFC-32 |
difluoromethane |
CH2F2 |
675 |
2 690 |
|
HFC-41 |
Fluoromethane (methyl fluoride) |
CH3F |
92 |
485 |
|
HFC-125 |
pentafluoroethane |
CHF2CF3 |
3 500 |
6 740 |
|
HFC-134 |
1,1,2,2-tetrafluoroethane |
CHF2CHF2 |
1 100 |
3 900 |
|
HFC-134a |
1,1,1,2-tetrafluoroethane |
CH2FCF3 |
1 430 |
4 140 |
|
HFC-143 |
1,1,2-trifluoroethane |
CH2FCHF2 |
353 |
1 300 |
|
HFC-143a |
1,1,1-trifluoroethane |
CH3CF3 |
4 470 |
7 840 |
|
HFC-152 |
1,2-difluoroethane |
CH2FCH2F |
53 |
77,6 |
|
HFC-152a |
1,1-difluoroethane |
CH3CHF2 |
124 |
591 |
|
HFC-161 |
Fluoroethane (ethyl fluoride) |
CH3CH2F |
12 |
17,4 |
|
HFC-227ea |
1,1,1,2,3,3,3-heptafluoropropane |
CF3CHFCF3 |
3 220 |
5 850 |
|
HFC-236cb |
1,1,1,2,2,3-hexafluoropropane |
CH2FCF2CF3 |
1 340 |
3 750 |
|
HFC-236ea |
1,1,1,2,3,3-hexafluoropropane |
CHF2CHFCF3 |
1 370 |
4 420 |
|
HFC-236fa |
1,1,1,3,3,3-hexafluoropropane |
CF3CH2CF3 |
9 810 |
7 450 |
|
HFC-245ca |
1,1,2,2,3-pentafluoropropane |
CH2FCF2CHF2 |
693 |
2 680 |
|
HFC-245fa |
1,1,1,3,3-pentafluoropropane |
CHF2CH2CF3 |
1 030 |
3 170 |
|
HFC-365mfc |
1,1,1,3,3-pentafluorobutane |
CF3CH2CF2CH3 |
794 |
2 920 |
|
HFC-43-10mee |
1,1,1,2,2,3,4,5,5,5 decafluoropentane |
CF3CHFCHFCF2CF3 |
1 640 |
3 960 |
|
(1)
Based on the Fourth Assessment Report adopted by the Intergovernmental Panel on Climate Change, unless otherwise indicated.
(2)
Based on the Sixth Assessment Report adopted by the Intergovernmental Panel on Climate Change, unless otherwise indicated. |
||||
|
Substance |
GWP 100 (1) |
GWP 20 (1) |
||
|
Industrial designation |
Chemical name (Common name) |
Chemical formula |
||
|
Section 2: Perfluorocarbons (PFCs) |
||||
|
PFC-14 |
tetrafluoromethane (perfluoromethane, carbon tetrafluoride) |
CF4 |
7 380 |
5 300 |
|
PFC-116 |
Hexafluoroethane (perfluoroethane) |
C2F6 |
12 400 |
8 940 |
|
PFC-218 |
octafluoropropane (perfluoropropane) |
C3F8 |
9 290 |
6 770 |
|
PFC-3-1-10 (R-31-10) |
decafluorobutane (perfluorobutane) |
C4F10 |
10 000 |
7 300 |
|
PFC-4-1-12 (R-41-12) |
dodecafluoropentane (perfluoropentane) |
C5F12 |
9 220 |
6 680 |
|
PFC-5-1-14 (R-51-14) |
tetradecafluorohexane (perfluorohexane) |
CF3CF2CF2CF2CF2CF3 |
8 620 |
6 260 |
|
PFC-c-318 |
octafluorocyclobutane (perfluorocyclobutane) |
c-C4F8 |
10 200 |
7 400 |
|
PFC-9-1-18 (R-91-18) |
Perfluorodecalin |
C10F18 |
7 480 |
5 480 |
|
PFC-4-1-14 (R-41-14) |
perfluoro-2-methylpentane |
CF3CFCF3CF2CF2CF3 (i-C6F14) |
7 370 (2) |
|
|
Section 3: Other (per)fluorinated compounds and fluorinated nitriles |
||||
|
|
sulphur hexafluoride |
SF6 |
24 300 |
18 200 |
|
|
Heptafluoroisobutyronitrile (2,3,3,3-tetrafluoro-2-(trifluoromethyl)-propanenitrile) |
Iso-C3F7CN |
2 750 |
4 580 |
|
(1)
Based on the Sixth Assessment Report adopted by the Intergovernmental Panel on Climate Change, unless otherwise indicated.
(2)
Droste et al. (2019). Trends and Emissions of Six Perfluorocarbons in the Northern and Southern Hemisphere. Atmospheric Chemistry and Physics. https://acp.copernicus.org/preprints/acp-2019-873/acp-2019-873.pdf
(*1)
Global warming potential not yet available. |
||||
ANNEX II
Fluorinated greenhouse gases referred to in Article 2, point (a) ( 9 ) – unsaturated hydro(chloro)fluorocarbons, fluorinated substances used as inhalation anaesthetics and other fluorinated substances
|
Substance |
GWP (1) |
20 years-GWP (1) for information purposes only |
|
|
Common name/industrial designation |
Chemical formula |
||
|
Section 1: Unsaturated hydro(chloro)fluorocarbons |
|||
|
HCFC-1224yd |
CF3CF=CHCl |
0,06 (2) |
|
|
Trans-1,2 -difluoroethylene (HFC-1132) and isomers |
CHF=CHF |
>1 |
|
|
1,1-difluoroethylene (HFC-1132a) |
CH2=CF2 |
0,052 |
0,189 |
|
1,1,1,2,3,4,5,5,5(or1,1,1,3,4,4,5,5,5)-nonafluoro-4(or2)-(trifluoromethyl)pent-2-ene |
CF3CF=CFCFCF3CF3 or CF3CF3C=CFCF2CF3 |
1 (3) |
|
|
HFC-1234yf |
CF3CF = CH2 |
0,501 |
1,81 |
|
HFC-1234ze and isomers |
CHF = CHCF3 |
1,37 |
4,94 |
|
HFC-1336mzz(E) |
(E)-CF3CH = CHCF3 |
17,9 |
64,3 |
|
HFC-1336mzz(Z) |
(Z)-CF3CH = CHCF3 |
2,08 |
7,48 |
|
HCFC-1233zd and isomers |
CF3CH = CHCl |
3,88 |
14 |
|
HCFC-1233xf |
CF3CCl = CH2 |
1 (3) |
|
|
Section 2: fluorinated substances used as inhalation anaesthetics |
|||
|
HFE-347mmz1 (sevoflurane) and isomers |
(CF3)2CHOCH2F |
195 |
702 |
|
HCFE-235ca2 (enflurane) and isomers |
CHF2OCF2CHFCl |
654 |
2 320 |
|
HCFE-235da2 (isoflurane) and isomers |
CHF2OCHClCF3 |
539 |
1 930 |
|
HFE-236ea2 (desflurane) and isomers |
CHF2OCHFCF3 |
2 590 |
7 020 |
|
Section 3: other fluorinated substances |
|||
|
nitrogen trifluoride |
NF3 |
17 400 |
13 400 |
|
sulfuryl fluoride |
SO2F2 |
4 630 |
7 510 |
|
(1)
Based on the Sixth Assessment Report adopted by the Intergovernmental Panel on Climate Change, unless otherwise indicated.
(2)
Tokuhashi, K., T. Uchimaru, K. Takizawa, & S. Kondo (2018): Rate Constants for the Reactions of OH Radical with the (E)/(Z) Isomers of CF3CF=CHCl and CHF2CF=CHCl. The Journal of Physical Chemistry A 122:3120–3127.
(*1)
Global warming potential not yet available.
(3)
Default value, global warming potential not yet available. |
|||
ANNEX III
Fluorinated greenhouse gases referred to in Article 2, point (a) ( 10 ) – fluorinated ethers, ketones and alcohols and other fluorinated compounds
|
Substance |
GWP (1) |
20 years-GWP (1) for information purposes only |
|
|
Common name/industrial designation |
Chemical formula |
||
|
Section 1: Fluorinated ethers, ketones and alcohols |
|||
|
HFE-125 |
CHF2OCF3 |
14 300 |
13 500 |
|
HFE-134 (HG-00) |
CHF2OCHF2 |
6 630 |
12 700 |
|
HFE-143a |
CH3OCF3 |
616 |
2 170 |
|
HFE-245cb2 |
CH3OCF2CF3 |
747 |
2 630 |
|
HFE-245fa2 |
CHF2OCH2CF3 |
878 |
3 060 |
|
HFE-254cb2 |
CH3OCF2CHF2 |
328 |
1 180 |
|
HFE-347 mcc3 (HFE-7000) |
CH3OCF2CF2CF3 |
576 |
2 020 |
|
HFE-347pcf2 |
CHF2CF2OCH2CF3 |
980 |
3 370 |
|
HFE-356pcc3 |
CH3OCF2CF2CHF2 |
277 |
995 |
|
HFE-449s1 (HFE-7100) |
C4F9OCH3 |
460 |
1 620 |
|
HFE-569sf2 (HFE-7200) |
C4F9OC2H5 |
60,7 |
219 |
|
HFE-7300 |
(CF3)2CFCFOC2H5CF2CF2CF3 |
405 |
1 420 |
|
n-HFE-7100 |
CF3CF2CF2CF2OCH3 |
544 |
1 920 |
|
i-HFE-7100 |
(CF3)2CFCF2OCH3 |
437 |
1 540 |
|
i-HFE-7200 |
(CF3)2CFCF2OCH2CH3 |
34,3 |
124 |
|
HFE-43-10pcccl24 (Η-Galden 1040x) HG-11 |
CHF2OCF2OC2F4OCHF2 |
3 220 |
8 720 |
|
HFE-236cal2 (HG-10) |
CHF2OCF2OCHF2 |
6 060 |
11 700 |
|
HFE-338pccl3 (HG-01) |
CHF2OCF2CF2OCHF2 |
3 320 |
9 180 |
|
HFE-347mmyl |
(CF3)2CFOCH3 |
392 |
1 400 |
|
2,2,3,3,3-pentafluoropropan-1-ol |
CF3CF2CH2OH |
34,3 |
123 |
|
1,1,1,3,3,3-Hexafluoropropan-2-ol |
(CF3)2CHOH |
206 |
742 |
|
HFE-227ea |
CF3CHFOCF3 |
7 520 |
9 800 |
|
HFE-236fa |
CF3CH2OCF3 |
1 100 |
3 670 |
|
HFE-245fal |
CHF2CH2OCF3 |
934 |
3 170 |
|
HFE 263mf |
CF3CH2OCH3 |
2,06 |
7,43 |
|
HFE-329 mcc2 |
CHF2CF2OCF2CF3 |
3 770 |
7 550 |
|
HFE-338 mcf2 |
CF3CH2OCF2CF3 |
1 040 |
3 460 |
|
HFE-338mmzl |
(CF3)2CHOCHF2 |
3 040 |
6 500 |
|
HFE-347 mcf2 |
CHF2CH2OCF2CF3 |
963 |
3 270 |
|
HFE-356 mec3 |
CH3OCF2CHFCF3 |
264 |
949 |
|
HFE-356mmz1 |
(CF3)2CHOCH3 |
8,13 |
29,3 |
|
HFE-356pcf2 |
CHF2CH2OCF2CHF2 |
831 |
2 870 |
|
HFE-356pcf3 |
CHF2OCH2CF2CHF2 |
484 |
1 730 |
|
HFE 365 mcf3 |
CF3CF2CH2OCH3 |
1,6 |
5,77 |
|
HFE-374pc2 |
CHF2CF2OCH2CH3 |
12,5 |
45 |
|
2,2,3,3,4,4,5,5-octafluorocyclopentan-1-ol |
- (CF2)4CH (OH)- |
13,6 |
49,1 |
|
1,1,1,3,4,4,4-Heptafluoro-3-(trifluoromethyl)butan-2-one |
CF3C(O)CF(CF3)2 |
0,29 (2) |
|
|
perfluoropolymethylisopropyl-ether (PFPMIE) |
CF3OCF(CF3)CF2OCF2OCF3 |
10 300 |
7 750 |
|
Perfluoro(2-methyl-3-pentanone) (1,1,1,2,2,4,5,5,5-nonafluoro-4-(trifluoromethyl)pentan-3-one) |
CF3CF2C(O)CF(CF3)2 |
0,114 |
0,441 |
|
Section 2: Other fluorinated compounds |
|||
|
trifluoromethylsulphurpentafluoride |
SF5CF3 |
18 500 |
13 900 |
|
Perfluorocyclopropane |
c-C3F6 |
9 200 (3) |
6 850 (3) |
|
perfluorotributylamine (PFTBA, FC43) |
C12F27N |
8 490 |
6 340 |
|
perfluoro-N-methylmorpholine |
C5F11NO |
8 800 (4) |
|
|
Perfluorotripropylamine |
C9F21N |
9 030 |
6 750 |
|
(1)
Based on the Sixth Assessment Report adopted by the Intergovernmental Panel on Climate Change, unless otherwise indicated.
(2)
Ren et al. (2019). Atmospheric Fate and Impact of Perfluorinated Butanone and Pentanone. Environ. Sci. Technol. 2019, 53, 15, 8862–8871
(*1)
Not yet available.
(3)
WMO et al. (2018). Scientific Assessment of Ozone Depletion.
(4)
REACH registration dossier. https://echa.europa.eu/registration-dossier/-/registered-dossier/10075/5/1. |
|||
ANNEX IV
Placing on the market prohibitions referred to in Article 11(1)
|
Products and equipment |
Date of prohibition |
|
|
(1) Non-refillable containers for fluorinated greenhouse gases listed in Annex I, empty, partially or fully filled, used to service, maintain or fill refrigeration, air-conditioning or heat pump equipment, fire protection systems or electrical switchgear, or for use as solvents. |
4 July 2007 |
|
|
|
|
|
|
STATIONARY REFRIGERATION |
||
|
(2) Domestic refrigerators and freezers: |
(a) that contain HFCs with GWP of 150 or more; |
1 January 2015 |
|
(b) that contain fluorinated greenhouse gases, except if required to meet safety requirements at the site of operation. |
1 January 2026 |
|
|
(3) Refrigerators and freezers for commercial use (self-contained equipment): |
(a) that contain HFCs with GWP of 2 500 or more; |
1 January 2020 |
|
(b) that contain HFCs with GWP of 150 or more; |
1 January 2022 |
|
|
(c) that contain other fluorinated greenhouse gases with a GWP of 150 or more. |
1 January 2025 |
|
|
(4) Any self-contained refrigeration equipment, except chillers, that contains fluorinated greenhouse gases with a GWP of 150 or more, except if required to meet safety requirements at the site of operation. |
1 January 2025 |
|
|
(5) Refrigeration equipment, except chillers and equipment covered in points (4) and (6), that contains, or whose functioning relies upon: |
(a) HFCs with GWP of 2 500 or more except equipment intended for application designed to cool products to temperatures below – 50 °C; |
1 January 2020 |
|
(b) fluorinated greenhouse gases with a GWP of 2 500 or more, except equipment intended for application designed to cool products to temperatures below – 50 °C; |
1 January 2025 |
|
|
(c) fluorinated greenhouse gases with a GWP of 150 or more, except if required to meet safety requirements at the site of operation. |
1 January 2030 |
|
|
(6) Multipack centralised refrigeration systems for commercial use with a rated capacity of 40 kW or more that contain, or whose functioning relies upon, fluorinated greenhouse gases listed in Annex I with GWP of 150 or more, except in the primary refrigerant circuit of cascade systems where fluorinated greenhouse gases with a GWP of less than 1 500 may be used. |
1 January 2022 |
|
|
STATIONARY CHILLERS |
||
|
(7) Chillers that contain, or whose functioning relies upon: |
(a) HFCs with GWP of 2 500 or more except equipment intended for application designed to cool products to temperatures below – 50 °C; |
1 January 2020 |
|
(b) fluorinated greenhouse gases with a GWP of 150 GWP or more for chillers up to and including a rated capacity of 12 kW, except if required to meet safety requirements at the site of operation; |
1 January 2027 |
|
|
(c) fluorinated greenhouse gases for chillers up to and including a rated capacity of 12 kW, except if required to meet safety requirements at the site of operation; |
1 January 2032 |
|
|
►C1
|
1 January 2027 |
|
|
STATIONARY AIR-CONDITIONING EQUIPMENT AND STATIONARY HEAT PUMPS |
||
|
(8) Self-contained air-conditioning equipment and heat pumps, except chillers, that: |
(a) plug-in room air-conditioning equipment which is moveable between rooms by the end user that contains HFCs with GWP of 150 or more; |
1 January 2020 |
|
(b) plug-in room air-conditioning equipment, monoblock air-conditioning equipment, other self-contained air-conditioning equipment and self-contained heat pumps, with a maximum rated capacity of up to and including 12 kW that contain fluorinated greenhouse gases with a GWP of 150 or more, except if required to meet safety requirements. If safety requirements at the site of operation would not allow using fluorinated greenhouse gases with GWP of less than 150, the GWP limit is 750; |
1 January 2027 |
|
|
(c) plug-in room air-conditioning equipment, monoblock air-conditioning equipment, other self-contained air-conditioning equipment and self-contained heat pumps, with a maximum rated capacity of up to and including 12 kW that contain fluorinated greenhouse gases, except if required to meet safety requirements. If safety requirements at the site of operation would not allow using alternatives to fluorinated greenhouse gases, the GWP limit is 750; |
1 January 2032 |
|
|
|
(d) monoblock and other self-contained air-conditioning equipment and heat pumps, with a maximum rated capacity of more than 12 kW but not exceeding 50 kW that contains fluorinated greenhouse gases with a GWP of 150 or more, except if required to meet safety requirements. If safety requirements at the site of operation would not allow using fluorinated greenhouse gases with GWP of less than 150, the GWP limit is 750; |
1 January 2027 |
|
(e) other self-contained air-conditioning equipment and heat pumps that contain fluorinated greenhouse gases with GWP of 150 or more, except if required to meet safety requirements. If safety requirements at the site of operation would not allow using fluorinated greenhouse gases with GWP of less than 150, the GWP limit is 750. |
1 January 2030 |
|
|
(9) Split air-conditioning equipment and heat pumps (1): |
(a) Single split systems, containing less than 3 kg of fluorinated greenhouse gases listed in Annex I, that contain, or whose functioning relies upon, fluorinated greenhouse gases listed in Annex I with GWP of 750 or more; |
1 January 2025 |
|
(b) Split air-to-water systems of a rated capacity up to and including 12 kW containing, or whose functioning relies upon, fluorinated greenhouse gases with GWP of 150 or more, except if required to meet safety requirements at the site of operation; |
1 January 2027 |
|
|
(c) Split air-to-air systems of a rated capacity up to and including 12 kW containing, or whose functioning relies upon, fluorinated greenhouse gases with GWP of 150 or more, except if required to meet safety requirements at the site of operation; |
1 January 2029 |
|
|
(d) Split systems of a rated capacity up to and including 12 kW containing, or whose functioning relies upon, fluorinated greenhouse gases, except if required to meet safety requirements at the site of operation; |
1 January 2035 |
|
|
|
(e) Split systems of a rated capacity of more than 12 kW containing, or whose functioning relies upon, fluorinated greenhouse gases with GWP of 750 or more, except if required to meet safety requirements at the site of operation; |
1 January 2029 |
|
(f) Split systems of a rated capacity of more than 12 kW containing, or whose functioning relies upon, fluorinated greenhouse gases with GWP of 150 or more, except if required to meet safety requirements at the site of operation. |
1 January 2033 |
|
|
OTHER PRODUCTS AND EQUIPMENT |
||
|
(10) Non-confined direct evaporation systems that contain HFCs and PFCs as refrigerants. |
|
4 July 2007 |
|
(11) Fire protection equipment: |
(a) that contain PFCs; |
4 July 2007 |
|
(b) that contain HFC-23; |
1 January 2016 |
|
|
(c) that contain or rely on other fluorinated greenhouse gases listed in Annex I, except when required to meet safety requirements at the site of operation. |
1 January 2025 |
|
|
(12) Windows for domestic use that contain fluorinated greenhouse gases listed in Annex I. |
4 July 2007 |
|
|
(13) Other windows that contain fluorinated greenhouse gases listed in Annex I. |
4 July 2008 |
|
|
(14) Footwear that contains fluorinated greenhouse gases listed in Annex I. |
4 July 2006 |
|
|
(15) Tyres that contain fluorinated greenhouse gases listed in Annex I. |
4 July 2007 |
|
|
(16) One-component foams, except when required to meet national safety standards, that contain fluorinated greenhouse gases listed in Annex I with GWP of 150 or more. |
4 July 2008 |
|
|
(17) Foams: |
(a) Extruded polystyrene (XPS) that contain HFCs with GWP of 150 or more, except if required to meet national safety standards; |
1 January 2020 |
|
(b) Foams other than extruded polystyrene (XPS) that contain HFCs with GWP of 150 or more, except if required to meet national safety standards; |
1 January 2023 |
|
|
(c) Foams that contain fluorinated greenhouse gases, except if required to meet safety requirements. |
1 January 2033 |
|
|
(18) Aerosol generators marketed and intended for sale to the general public for entertainment and decorative purposes, as listed in point 40 of Annex XVII to Regulation (EC) No 1907/2006, and signal horns, that contain HFCs with GWP of 150 or more. |
4 July 2009 |
|
|
(19) Technical aerosols: |
(a) that contain HFCs with GWP of 150 or more, except if required to meet national safety standards or when used for medical applications; |
1 January 2018 |
|
(b) that contain fluorinated greenhouse gases, except if required to meet safety requirements or when used for medical applications. |
1 January 2030 |
|
|
(20) Personal care products (e.g. mousse, creams, foams, liquids or sprays) that contain fluorinated greenhouse gases. |
1 January 2025 |
|
|
(21) Equipment used for cooling the skin that contain, or whose functioning relies upon, fluorinated greenhouse gases with GWP of 150 or more except if used for medical applications. |
1 January 2025 |
|
|
(1)
For the purpose of this Regulation, fixed double duct heat pump and air-conditioning equipment shall be considered split (category number 9) and be subject to the same requirements. |
||
Point 1 applies to non-refillable containers, namely:
containers which cannot be refilled without being adapted for that purpose; and
containers which could be refilled but are imported or placed on the market without provision having been made for their return for refilling.
ANNEX V
Production rights for placing hydrofluorocarbons on the market
The production rights for hydrofluorocarbons, expressed in tonnes of CO2 equivalents, referred to in Article 14(3) for each producer are calculated as follows:
for the period 1 January 2025 to 31 December 2028, 60 % of the annual average of its production in 2011-2013;
from the period 1 January 2029 to 31 December 2033, 30 % of the annual average of its production in 2011-2013;
for the period 1 January 2034 to 31 December 2035, 20 % of the annual average of its production in 2011-2013;
for the period 1 January 2036 and thereafter, 15 % of the annual average of its production in 2011-2013.
ANNEX VI
Method of calculating the GWP referred to in Article 3, point (1), of a mixture
The GWP of a mixture is calculated as a weighted average, derived from the sum of the weight fractions of the individual substances multiplied by their GWP, unless otherwise specified, including substances that are not fluorinated greenhouse gases.
Σ (Substance × % × GWP) + (Substance Y % × GWP) + … (Substance N % × GWP), where % is the contribution by weight with a weight tolerance of +/– 1 %.
For example: applying the formula to a mixture of gases consisting of 60 % dimethyl ether, 10 % HFC-152a and 30 % isobutane:
The GWP of the following non-fluorinated substances are used to calculate the GWP of mixtures. For other substances not listed in this annex a default value of 0 applies. Only emissible components that fulfil broadly the same function are relevant for the calculation of the GWP.
|
Substance |
GWP 100 (1) |
||
|
Common name |
Industrial designation |
Chemical Formula |
|
|
methane |
|
CH4 |
27,9 |
|
nitrous oxide |
|
N2O |
273 |
|
dimethyl ether |
|
CH3OCH3 |
1 (2) |
|
methylene chloride |
|
CH2Cl2 |
11,2 |
|
methyl chloride |
|
CH3Cl |
5,54 |
|
chloroform |
|
CHC13 |
20,6 |
|
ethane |
R-170 |
CH3CH3 |
0,437 |
|
propane |
R-290 |
CH3CH2CH3 |
0,02 |
|
butane |
R-600 |
CH3CH2CH2CH3 |
0,006 |
|
isobutane |
R-600a |
CH(CH3)2CH3 |
0 (3) |
|
pentane |
R-601 |
CH3CH2CH2CH2CH3 |
0 (3) |
|
isopentane |
R-601a |
(CH3)2CHCH2CH3 |
0 (3) |
|
ethoxyethane (diethyl ether) |
R-610 |
CH3CH2OCH2CH3 |
4 (2) |
|
methyl formate |
R-611 |
HCOOCH3 |
11 (4) |
|
hydrogen |
R-702 |
H2 |
6 (2) |
|
ammonia |
R-717 |
NH3 |
0 |
|
ethylene |
R-1150 |
C2H4 |
4 (2) |
|
propene |
R-1270 |
C3H6 |
0 (3) |
|
cyclopentane |
|
C5H10 |
0 (3) |
|
(1)
Based on the Sixth Assessment Report adopted by the Intergovernmental Panel on Climate Change, unless otherwise indicated.
(2)
Based on the Fourth Assessment Report adopted by the Intergovernmental Panel on Climate Change.
(3)
WMO et al. (2018). Scientific Assessment of Ozone Depletion, where value is given as <<1.
(4)
WMO et al. (2018). Scientific Assessment of Ozone Depletion. |
|||
ANNEX VII
Maximum quantities and calculation of reference values and quota for placing hydrofluorocarbons on the market referred to in Article 17
(1) The maximum amount of hydrofluorocarbons allowed to be placed on the Union market in a given year is as follows:
|
Years |
Maximum Quantity in tonnes CO2 equivalent |
|
2025 – 2026 |
42 874 410 |
|
2027 – 2029 |
21 665 691 |
|
2030 – 2032 |
9 132 097 |
|
2033 – 2035 |
8 445 713 |
|
2036 – 2038 |
6 782 265 |
|
2039 – 2041 |
6 136 732 |
|
2042 – 2044 |
5 491 199 |
|
2045 – 2047 |
4 845 666 |
|
2048 – 2049 |
4 200 133 |
|
2050 onwards |
0 |
(2) The 2015 base-value for the maximum quantity is set to be: 176 700 479 tonnes CO2 equivalent.
(3) Reference values and quota for placing hydrofluorocarbons on the market referred to in Articles 16 and 17 shall be calculated as the aggregated quantities of all hydrofluorocarbons, expressed in tonne(s) of CO2 equivalent rounded to the nearest tonne.
(4) Each producer and importer shall receive reference values referred to in Article 17(1), calculated as follows:
a reference value for placing hydrofluorocarbons on the market based on the annual average of the quantities of hydrofluorocarbons lawfully placed on the market from 1 January 2015 as reported under Article 19 of Regulation (EU) No 517/2014 and under Article 26 of this Regulation for the years available, and taking transfers received into consideration, not including quantities of hydrofluorocarbons for the usages referred to in Article 26(5) of this Regulation during the same period, on the basis of available data;
in addition, for producers and importers that have reported the placing on the market of hydrofluorocarbons for the usage referred to in Article 26(5), second subparagraph, of this Regulation, a reference value based on the annual average of the quantities of those hydrofluorocarbons for such usage lawfully placed on the market from 1 January 2020 as reported under Article 19 of Regulation (EU) No 517/2014 and of Article 26 of this Regulation for the years available, on the basis of available data.
ANNEX VIII
Allocation mechanism referred to in Article 17
(1) Determination of the quantity to be allocated to undertakings for which reference values have been established under Article 17(1).
Each undertaking for which reference values have been established receives a quota, which is calculated as follows:
a quota corresponding to 89 % of the reference value referred to in Annex VII, point 4(a), multiplied by the maximum quantity for the year for which the quota is allocated, divided by the base value of 176 700 479 tonnes CO2 equivalent ( 11 ); and
where relevant, a quota corresponding to the reference value referred to in Annex VII, point 4(b). From 2027, such a quota is obtained by multiplying the reference value with a factor of 0,85. From 2030, such a quota corresponds to the reference value multiplied by the maximum quantity for the year for which the quota is allocated divided by the maximum quantity for the year 2025.
Where, after allocating the full amount of quota as referred to in the second subparagraph, the maximum quantity is exceeded, all quota will be reduced proportionally.
(2) Determination of the quota to be allocated to undertakings that have submitted a declaration pursuant to Article 17(3).
The total sum of the quota allocated under point 1 is subtracted from the maximum quantity for the given year set out in Annex VII to determine the reserve amount to be allocated to undertakings, which have submitted a declaration under Article 17(3).
Each undertaking receives an allocation corresponding to a pro-rata share of the reserve.
The pro-rata share is calculated by dividing 100 by the number of undertakings that have submitted a declaration.
(3) Penalties established in accordance with Article 31 are taken into account in the calculations referred to above.
ANNEX IX
Data to be reported pursuant to Article 26
(1) Each producer referred to in Article 26(1), first subparagraph, shall report on:
the total quantity of each substance listed in Annexes I, II and III that it has produced in the Union, including by-production, differentiating between amounts captured and not captured, and identifying quantities destroyed, from such production or by-production, of amounts not captured, or if captured, quantities destroyed prior to their placing on the market, either in the facilities of the producer or handed over to other undertakings for destruction, as well as the undertaking that carried out the destruction;
the main categories of application in which the substance is used;
the quantities of each substance listed in Annexes I, II and III that it has placed on the market in the Union, specifying separately:
quantities placed on the market for feedstock uses, including, for HFC-23 only, if after prior capture or without prior capture;
direct exports;
producing metered dose inhalers for the delivery of pharmaceutical ingredients;
use in military equipment;
use in the etching of semiconductor material or the cleaning of chemical vapour deposition chambers within the semiconductor manufacturing sector;
amounts of hydrofluorocarbons produced for uses within the Union exempted under the Protocol;
any stocks held at the beginning and the end of the reporting period, specifying if already placed on the market or not.
(2) Each importer referred to in Article 26(1), first subparagraph, shall report on:
the total quantity of each substance listed in Annexes I, II and III that it has imported into the Union, identifying the main categories of application in which the substance is used, specifying separately:
amounts imported, not released for free circulation, and re-exported contained in products or equipment by the reporting undertaking;
quantities for destruction, identifying the undertaking carrying out the destruction;
feedstock uses, specifying separately amounts of hydrofluorocarbons imported for feedstock uses, and identifying the feedstock-using undertaking;
direct exports, identifying the exporting undertaking;
producing metered dose inhalers for the delivery of pharmaceutical ingredients identifying the producer;
use in military equipment; identifying the undertaking receiving the quantities for this use;
use in the etching of semiconductor material or the cleaning of chemical vapour deposition chambers within the semiconductor manufacturing sector, identifying the receiving semiconductor manufacturer;
amounts of hydrofluorocarbons contained in pre-blended polyols;
amounts of recovered, recycled or reclaimed hydrofluorocarbons;
amount of hydrofluorocarbons imported for uses exempted under the Protocol;
Quantities of hydrofluorocarbons shall be reported separately for each country of origin;
any stocks held at the beginning and the end of the reporting period, specifying if already placed on the market or not.
(3) Each exporter referred to in Article 26(1), first subparagraph, shall report on the quantities of each substance listed in Annexes I, II and III that it has exported from the Union, specifying whether from own production or import or whether purchased from other undertakings within the Union, including the amounts of hydrofluorocarbons contained in pre-blended polyols.
(4) Each undertaking referred to in Article 26(2) shall report on:
the quantities of each substance listed in Annexes I, II and III destroyed, including, separately, the quantities of those substances contained in products or equipment;
any stocks held at the beginning and the end of the reporting period of each substance listed in Annexes I, II and III waiting to be destroyed, including, separately, the quantities of those substances contained in products or equipment;
the technology used for the destruction of the substances listed in Annexes I, II and III.
(5) Each undertaking referred to in Article 26(3) shall report on the quantities of each substance listed in Annex I used as feedstock.
(6) Each undertaking referred to in Article 26(4) shall report on:
the categories of the products or equipment containing substances listed in Annexes I, II and III;
the number of units with regard to products and equipment, or mass with regard to non-countable products like foams;
any quantities of each substance listed in Annexes I, II and III contained in the products or equipment;
the amount of hydrofluorocarbons charged into the imported equipment, released for free circulation, for which the hydrofluorocarbons had previously been exported from the Union and which had been subject to quota limitations for placing on the Union market. In such case, the report shall also specify the exporting undertaking and the year of export as well as the undertaking having placed the hydrofluorocarbons on the Union market for the first time and the year of that placing on the market.
(7) Each undertaking referred to in Article 26(5) shall report on the quantities of each substance received from producers and importers for destruction, feedstock uses, direct exports, metered dose inhalers for the delivery of pharmaceutical ingredients use in military equipment and use in the etching of semiconductor material or the cleaning of chemical vapour deposition chambers within the semiconductor manufacturing sector.
The manufacturer of metered dose inhalers for the delivery of pharmaceutical ingredients shall report on the type of hydrofluorocarbons and the quantities used.
(8) Each undertaking referred to in Article 26(6) shall report on:
the quantities of each substance listed in Annexes I, II and III that it has reclaimed;
any stocks held at the beginning and the end of the reporting period of each substance listed in Annexes I, II and III waiting to be reclaimed.
ANNEX X
Correlation Table
|
Regulation (EU) No 517/2014 |
This Regulation |
|
Article 1 |
Article 1 |
|
Article 2, point (1) |
Article 2, point (a) |
|
Article 2, point (2) |
Article 3, point (4) |
|
Article 2, points (3) and (4) |
– |
|
Article 2, point (5) |
Article 3, point (2) |
|
Article 2, point (6) |
Article 3, point (1) |
|
Article 2, point (7) |
Article 3, point (3) |
|
Article 2, point (8) |
Article 3, point (5) |
|
Article 2, point (9) |
Article 3, point (36) |
|
Article 2, point (10) |
Article 3, point (6) |
|
Article 2, point (11) |
Article 3, point (9) |
|
Article 2, point (12) |
Article 3, point (10) |
|
Article 2, point (13) |
Article 11(3), second subparagraph, and Annex IV, point 1 |
|
Article 2, point (14) |
Article 3, point (11) |
|
Article 2, point (15) |
Article 3, point (12) |
|
Article 2, point (16) |
Article 3, point (13) |
|
Article 2, point (17) |
Article 3, point (14) |
|
Article 2, point (18) |
Article 3, point (15) |
|
Article 2, point (19) |
Article 3, point (16) |
|
Article 2, point (20) |
Article 3, point (17) |
|
Article 2, point (21) |
Article 3, point (18) |
|
Article 2, point (22) |
Article 3, point (19) |
|
Article 2, point (23) |
Article 3, point (20) |
|
Article 2, point (24) |
Article 3, point (21) |
|
Article 2, point (25) |
Article 3, point (22) |
|
Article 2, point (26) |
Article 3, point (23) |
|
Article 2, point (27) |
Article 3, point (24) |
|
Article 2, point (28) |
– |
|
Article 2, point (29) |
Article 3, point (26) |
|
Article 2, point (30) |
Article 3, point (27) |
|
Article 2, point (31) |
Article 3, point (28) |
|
Article 2, point (32) |
Article 3, point (29) |
|
Article 2, point (33) |
Article 3, point (30) |
|
Article 2, point (34) |
Article 3, point (31) |
|
Article 2, point (35) |
Article 3, point (32) |
|
Article 2, point (36) |
Article 3, point (33) |
|
Article 2, point (37) |
Article 3, point (34) |
|
Article 2, point (38) |
Article 3, point (35) |
|
Article 2, point (39) |
– |
|
Article 3(1) |
Article 4(1) |
|
Article 3(2) |
Article 4(3) |
|
Article 3(3) |
Article 4(5) |
|
Article 3(4) |
Article 4(7) |
|
Article 4 |
Article 5 |
|
Article 5 |
Article 6 |
|
Article 6 |
Article 7 |
|
Article 7(1) |
Article 4(4) |
|
Article 7(2) |
Article 4(6) |
|
Article 8(1), first subparagraph |
Article 8(1) |
|
Article 8(1), second subparagraph |
Article 8(2) |
|
Article 8(2) |
Article 8(7) |
|
Article 8(3) |
Article 8(10) |
|
Article 9 |
Article 9 |
|
Article 10(1) first subparagraph |
Article 10(1) first subparagraph and Article 10(3) |
|
Article 10(2) |
Article 10(1), first subparagraph, point (a) |
|
Article 10(3) |
Article 10(5) |
|
Article 10(4) |
Article 10(7) |
|
Article 10(5) |
– |
|
Article 10(6) |
Article 10(2) and Article 10(4) |
|
Article 10(7) |
Article 10(9) |
|
Article 10(8) |
– |
|
Article 10(9) |
– |
|
Article 10(10) |
Article 10(10) |
|
Article 10(11) |
Article 10(12) |
|
Article 10(12) |
Article 10(8) |
|
Article 10(13) |
Article 10(11) |
|
Article 10(14) |
Article 10(13) |
|
Article 10(15) |
Article 10(14) |
|
Article 11(1) |
Article 11(1), first subparagraph |
|
Article 11(2) |
Article 11(2) |
|
Article 11(3) |
Article 11(5) |
|
Article 11(4) |
Article 11(6) |
|
Article 11(5) |
Article 11(7) |
|
Article 11(6) |
– |
|
Article 12(1) to (12) |
Article 12(1) to (13) |
|
Article 12(13) |
Article 12(16) |
|
Article 12(14) |
Article 12(17) |
|
Article 12(15) |
Article 12(18) |
|
Article 13(1) first subparagraph |
Article 13(1) |
|
Article 13(1) second subparagraph |
– |
|
Article 13(2) |
Article 13(2) |
|
Article 13(3) |
– |
|
Article 14(1) |
Article 19(1) |
|
Article 14(2), first subparagraph |
Article 19(2), first subparagraph |
|
Article 14(2), second subparagraph |
Article 19(3) |
|
Article 14(2), third subparagraph |
Article 19(2), third subparagraph |
|
Article 14(3) |
Article 19(2), second subparagraph |
|
Article 14(4) |
Article 19(4) |
|
Article 15(1), first subparagraph |
– |
|
Article 15(1), second subparagraph |
Article 16(1), first subparagraph |
|
Article 15(2) |
Article 16(2) |
|
Article 15(3) |
Article 16(6) |
|
Article 15(4) |
Article 16(4) |
|
Article 16(1) |
– |
|
Article 16(2) |
Article 17(3) |
|
Article 16(3) |
Article 17(1) |
|
Article 16(4) |
Article 17(3) |
|
Article 16(5) |
Article 17(4) |
|
Article 17(1), first subparagraph |
Article 20(1) |
|
Article 17(1), second subparagraph |
Article 20(4) |
|
Article 17(1), third subparagraph |
– |
|
Article 17(2) |
Article 20(6) |
|
Article 17(3) |
– |
|
Article 17(4) |
Article 20(7) |
|
Article 18(1) |
Article 21(1), first subparagraph |
|
Article 18(2), first subparagraph |
Article 21(2) |
|
Article 18(2), second subparagraph |
– |
|
Article 18(2), third subparagraph |
Article 21(3) |
|
Article 19(1), first subparagraph |
Article 26(1), first subparagraph |
|
Article 19(2) |
Article 26(2) |
|
Article 19(3) |
Article 26(3) |
|
Article 19(4) |
Article 26(4) |
|
Article 19(5) |
Article 26(7) |
|
Article 19(6) |
Article 26(8) |
|
Article 19(7) |
Article 26(9), second subparagraph |
|
Article 19(8) |
Article 20(7), second subparagraph |
|
Article 20 |
Article 27 |
|
Article 21(1) |
Article 35(1) |
|
Article 21(2) to (6) |
– |
|
Article 22 |
Article 32 |
|
Article 23 |
Article 33 |
|
Article 24 |
Article 34 |
|
Article 25 |
Article 31 |
|
Article 26 |
Article 37 |
|
Article 27 |
Article 38 |
|
Annex I |
Annex I |
|
Annex II |
Annex III |
|
Annex III |
Annex IV |
|
Annex IV |
Annex VI |
|
Annex V |
Annex VII |
|
Annex VI |
Annex VIII |
|
Annex VII |
Annex IX |
( 1 ) Directive 2006/40/EC of the European Parliament and of the Council of 17 May 2006 relating to emissions from air conditioning systems in motor vehicles and amending Council Directive 70/156/EEC (OJ L 161, 14.6.2006, p. 12).
( 2 ) Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012 (OJ L 193, 30.7.2018, p. 1).
( 3 ) Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC (OJ L 275, 25.10.2003, p. 32).
( 4 ) Council Regulation (EC) No 515/97 of 13 March 1997 on mutual assistance between the administrative authorities of the Member States and cooperation between the latter and the Commission to ensure the correct application of the law on customs and agricultural matters (OJ L 82, 22.3.1997, p. 1).
( 5 ) Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act) (OJ L 277, 27.10.2022, p. 1).
( 6 ) Directive 2008/99/EC of the European Parliament and of the Council of 19 November 2008 on the protection of the environment through criminal law (OJ L 328, 6.12.2008, p. 28).
( 7 ) Regulation (EC) No 401/2009 of the European Parliament and of the Council of 23 April 2009 on the European Environment Agency and the European Environment Information and Observation Network (OJ L 126, 21.5.2009, p. 13).
( 8 ) As per Article 2, point (a), mixtures containing the substances listed in this Annex are considered as fluorinated greenhouse gases covered by this Regulation.
( 9 ) As per Article 2, point (a), mixtures containing the substances listed in this Annex are considered as fluorinated greenhouse gases covered by this Regulation.
( 10 ) As per Article 2, point (a), mixtures containing the substances listed in this Annex are considered as fluorinated greenhouse gases covered by this Regulation.
( 11 ) This number is the maximum quantity established for 2015 at the beginning of the phase-down, taking into account the withdrawal of the United Kingdom from the Union.