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Regulation

F-Gas Regulation

To read more about the F-Gas Regulation, please visit our dedicated page on that subject.

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The F-Gas Regulation (2024/573) has introduced clear rules with regards to trade controls and customs, which are conveyed within Articles 23 and 24. Key measures are:

  • Verification by customs authorities of sufficient quota: authorities verify that sufficient quota or authorisations to use quota are in possession of importers
  • Verification by customs authorities of compliance with rules set out by the F-gas Regulation 
  • Confiscation and disposal of goods by customs authorities or market surveillance authorities in cases of unlawful import. In particular, where HFCs are placed on the market in bulk or charged in products and equipment.
  • Knowledgeable personnel and suitable equipment should be available to customs authorities
  • Empowerment of the European Commission to adopt delegated acts on the basis of regular monitoring of trade in fluorinated gases and assessment of potential risks of illegal trade.

HFCs in prohibited non-refillable containers (disposables) is one of the main methods of illegal imports.  The definition and requirements for refillable containers is more tightly defined in Regulation 2024/573 compared to Regulation 517/214.

Environmental Crime Directive

The Environmental Crime Directive (2024/1203) entered into force in 2024 to boost the protection of the environment via criminal law. 

It updated the definition of criminal offences and penalties with regards to the protection of the environment. Key elements to the directive are:

  • Definition and up-to-date list of offences 
  • Establishment by member states of qualified offences where particularly serious damage is caused to the environment 
  • Establishment of a graduated system of minimum and maximum penalties 
  • Provisions on the enforcement by authorities and combat against environmental crime
  • Support for environmental defenders 

With regards to fluorinated greenhouse gases, Article 3 .2, point (t) of the Environmental Crime Directive defines the following as a criminal offence: 

  • The unlawful and intentional production, placing on the market, import, export, use, or release of fluorinated greenhouse gases covered by the F-gas Regulation
  • The production, placing on the market, import, export or use of products and equipment, and parts thereof, containing fluorinated greenhouse gases or whose functioning relies upon those gases covered by the F-gas Regulation

Regarding penalties for unlawful trade in F-gases, Article 5 stipulates a maximum penalty of five year imprisonment. Member states are required to take the necessary measures to ensure that natural persons who have committed the criminal offence may be subject to accessory criminal and non-criminal penalties or measures.

Further penalties may include among others fine, exclusion from public funding and the disqualification of holding leadership positions of the same type that was used to commit the offence.

Additionally, penalties and liability are defined for legal persons by Article 7. These may include among others:

  • Fines
  • Exclusion from public benefits
  • Withdrawal from permits 
  • Closure of establishments used for committing the offence 
  • Placing under judicial supervision 
  • Judicial winding-up
  • Temporary or permanent disqualification from the practice of business activities 

Regarding fluorinated greenhouse gases, maximum fees for legal persons are set on

  • 5% of the total worldwide turnover of the legal person, either in the business year preceding that in which the offence was committed, or in the business year preceding that of the decision to impose the fine, or
  • The sum of € 40 000 000

Market Surveillance Regulation

The Market Surveillance Regulation (2019/1020) aims to strengthen the EU market surveillance mechanisms by harmonising EU level requirements on non-food products to protect consumers, health and safety and the environment.

The F-gas Regulation is one of the more than 70 regulations under the scope of the Market Surveillance Regulation.

The Market Surveillance Regulation harmonises processes for market surveillance, customs and enforcement authorities from the member states and boosts cooperation to keep uncompliant products off the European market.

An important introduction is an online database for the sharing of information between agencies: the Union Product Compliance Network (UPCN)

Economic operators are required to :

    • Ensure that an EU declaration of conformity or the declaration of performance and technical documentation is drawn up and make them available to the relevant authorities
    • Provide that authority with all information and documentation necessary to demonstrate the conformity of the product in a language which can be easily understood by that authority  when that is requested
    • Inform the market surveillance authorities in case there is reason to believe a product presents a risk
    • Cooperating with the authorities by following a reasoned request, performing corrective action to remedy non-compliance and mitigating possible risks caused by the non-compliant product. 

    These obligations apply to importers, manufacturers, installers and maintenance companies of F-gases and equipment containing F-gases. Following them will allow authorities to better enforce the F-gas Regulation and combat illegal trade of refrigerants.