EN   EN 
 
 
 EUROPEAN  
COMMISSION   
Strasbourg, 5.4.2022  
COM(2022) 150 final  
2022/0099 (COD)  
 
Proposal for a  
REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL  
on fluorinated greenhouse gases, amending Directive (EU) 2019/1937 and repealing 
Regulation (EU) No 517/2014  
(Text with EEA relevance)  
{SEC(2022)  156 final}  - {SWD(2022)  95 final}  - {SWD(2022)  96 final}  -
 {SWD(2022)  97 final}   EN 1  EN EXPLANATORY MEMORANDUM  
1. CONTEXT  OF THE  PROPOSAL  
• Reasons for and objectives of the proposal  
The European Green Deal launched a new growth strategy for the EU that aims to transform 
the EU into a fair and prosperous society  with a modern, resource -efficient and competitive 
economy. It reaffirms the  Commission’s  ambition to increase its climate targets and make 
Europe the first climate -neutral continen t by 2050. Furthermore, it aims to protect the health 
and well -being of citizens from environment -related risks and impacts. In response to the 
urgency for climate action, the EU increased its climate ambition through Regulation (EU) 
2021/1119 (the Europea n Climate Law)1, which was adopted in 2021 . The climate law 
establishes a binding net GHG reduction target of at least 55% by 2030 compared to 1990 and 
EU climate neutrality at the latest by 2050. The EU has also enhanced its initial Nationally 
Determined Contribution under the Paris Agreement  on Climate Change from at least 40% 
greenhouse gas emissions reductions by 2030, to at least 55% net greenhouse gas emissions 
reductions. Achieving those objectives, and having a chance to keep global average 
temperat ure within 1.5°C, requires reinforcing all instruments relevant for the decarbonisation 
of EU’s economy; the F -gas Regulation is a key instrument with respect to emissions of 
fluorinated greenhouse gases (F -gases).  
F-gases are human -made chemicals that are  very strong greenhouse gases (GHG), often 
several thousand times stronger than carbon dioxide (CO 2). Together with carbon dioxide, 
methane and nitrous oxide, they belong to the group of GHG emissions covered under the 
Paris Agreement on Climate Change . Today F -gas emissions amount to 2.5 % of EU’s total 
GHG emissions but doubled from 1990 to 2014 in contrast to other GHG emissions, which 
fell. This is because F -gases in the past typically replaced ozone -depleting substances in areas 
where the latter became  prohibited to use in the EU to protect the stratospheric ozone layer, as 
required under the 1987 Montreal Protocol on Substances that Deplete the Ozone Layer  (‘the 
Protocol’).  
Regulation (EU) No 517/2014 on fluorinated greenhouse gases2 (‘the F -gas Regul ation’) was 
adopted to reverse the increase in F -gas emissions. Hydrofluorocarbons (HFCs) are the most 
important group of F -gases in terms of emissions relevant for the climate and the main 
novelty of the F -gas Regulation was the establishment of an ‘EU HF C phase -down’, namely a 
quota system to implement a gradual reduction schedule of the amount of HFCs that 
importers and producers may place on the market every year.  
The EU F -gas policy must be seen in the context of the recent IPCC Special report3. Pathw ays 
to limit global warming at 1.5 °C require emission decreases for F -gases of up to 90% by 
2050 globally  compared to the year 2015.  
With a view to reversing rising HFC emissions and their climate impact, and even though 
HFCs do not deplete the ozone layer,  Parties to the Protocol decided in 2016 with the Kigali 
Amendment to implement a global HFC phase -down which will reduce HFC production and 
consumption by more than 80 % over the next 30 years at global level. This implies that each 
Party must compl y with an HFC consumption and production reduction schedule as well as 
licensing import/export and reporting on HFCs. Scientists have estimated that the Kigali 
Amendment alone will save up to 0.4°C of additional warming by the end of the century.  
                                                 
1 OJ L 243, 9.7.2021, p. 1.  
2 OJ L150, 20.5 .2014, p. 195.  
3 IPCC Special Report. Global warming of 1.5 C (August 2021), https://www.ipcc.ch/sr15/ . EN 2  EN As concl uded by the evaluation prepared by the Commission4, the F -gas Regulation has led to 
a reverse and year -on-year decrease of F -gas emissions starting in 2015. Moreover, the EU 
market supply of HFCs declined by 37 % in metric tonnes and 47 % in terms of tonne s CO2 
equivalent from 2015 until 2019. There has been a clear shift to the use of alternatives with 
lower global warming potential (hereafter ‘GWP’) including natural alternatives (e.g. CO2, 
ammonia, hydrocarbons, water) in many types of equipment that use d F-gases traditionally. 
However, the emission savings envisaged by 2030 will not be fully achieved and there is an 
unused potential to save more emissions. Furthermore, while the F -gas Regulation was 
adopted ahead of the Kigali Amendment and while it was instrumental in achieving this 
global agreement, the Regulation cannot fully ensure compliance with all the obligations 
(notably beyond 2030).  
Finally, the years of experience gained in the implementation of the Regulation as well as the 
feedback received  from stakeholders confirm the need to address a number of challenges to 
the quota system. These range from illegal activities including smuggling and rogue traders 
with purely speculative motives to the lack of skilled technicians. There are also certain 
monitoring gaps to be addressed, the efficiency of the reporting and verification activities to 
be improved and several existing rules to be further clarified, as most stakeholders from 
industry, NGOs and authorities have highlighted this as an important o bjective for the review. 
It was thus clear that the main elements of the Regulation should be maintained but there was 
a need to fine -tune and add several provisions.  
The general objectives of the EU F -gas policies are to:  
(1) Prevent additional F -gas emi ssions, thereby contributing to EU climate objectives                  
(2) Ensure compliance with the Protocol as regards obligations related to 
hydrofluorocarbons (‘HFCs’).  
The prevention of emissions can be done in two ways: by avoiding that F -gases are used in 
the first place (i.e. reduce the demand for F -gases) and by ensuring that there are measures to 
prevent emissions or leaks when the gases are produced, used and dispo sed of 
(“containment”). Therefore, the F -gas policy has the specific objectives to:  
 Discourage the use of F -gases with high Global Warming Potential and 
encourage the use of alternative substances or technologies when they result in 
lower GHG emissions wi thout compromising safety, functionality and energy 
efficiency;  
 Prevent leakage from equipment and proper end of life treatment of F -gases in 
applications;  
 Enhance sustainable growth, stimulate innovation, and develop green 
technologies by improving market  opportunities for alternative technologies 
and gases with low GWP.  
On the basis of the conclusions of an evaluation of the Regulation the Commission has the 
following objectives for the review:  
(1) Achieve additional F -gas emission reductions  to contribut e to reaching the 55% of 
emissions reductions by 2030 and net carbon neutrality by 2050.  
(2) Fully align with the Protocol.  
                                                 
4 See Annex 5 to the Impact Assessment accompanying the proposal.  EN 3  EN (3) Facilitate enhanced implementation and enforcement on matters of illegal trade, 
the functioning of the quota system and the trai ning needs on F -gas alternatives.  
(4) Improve monitoring and reporting to fill existing gaps and improve process and 
data quality for compliance.  
(5) Improve  clarity and internal coherence  to support better implementation and 
understanding of the rules.   
The initiative contributes to the 2030 Agenda for Sustainable Development and its 
Sustainable Development Goals, most prominently to “fight climate change”.  
• Consistency with existing policy provisions in the policy area  
To achieve the legally binding climate targets in the European Climate Law the Commission 
has proposed to strengthen Member States’ emission reduction targets for 2021 to 2030 in an 
amendment to the so -called Effort Sharing Regulation. The Effort Sharing Regulation covers 
emissions from  sectors not covered by the existing EU Emissions Trading System (ETS)5 and 
F-gas emissions represent almost 5% of the emissions covered by that Regulation. Member 
States’ individual targets relate to this overall basket of GHGs. Consequently, the EU or th e 
Member States do not have any binding targets specific to F -gas emissions. However, it is 
crucial that F -gas emissions are principally reduced through the F -gas Regulation because 
such action has proven to be effective as well as cost -efficient to do at European level. Such 
action will complement additional measures to reduce F -gases that are better taken at national 
level in line with the principle of subsidiarity, for example additional waste policy measures, 
more stringent oversight of the sectors or f inancial incentives for alternatives. Together, the 
measures taken at Union and national level relating to all types of emissions must ensure that 
each Member State can reach its national greenhouse gas emission targets, as defined by the 
Effort Sharing Re gulation, in an effective manner.  
The F -gas Regulation covers all sectors from which F -gas emissions are relevant, but it is 
complemented by Directive 2006/40/EC6 on mobile air -conditioning (MAC) which 
specifically prohibits the use of refrigerants with a  GWP higher than 150 in new passenger 
cars since 2017. Prior to this prohibition, the refrigerant used was an HFC with a GWP of 
1430.  
• Consistency with other Union policies  
The proposed Regulation (as well as the current F -gas Regulation) has many simila rities with 
Regulation (EC) 1005/2009 on substances that deplete the ozone layer7 (the ODS Regulation), 
which is being revised in parallel. These two Regulations must jointly ensure that the Union 
complies with its obligations relating to HFCs and ODS unde r the Protocol. While the two 
reviews do not directly impact each other, they do affect similar stakeholders and sectors, as 
well as similar activities (trade, equipment use etc.) and they use similar control measures, 
including a trade licencing system as  required by the Protocol. Both industry and authorities 
have therefore called for their relevant rules to be closely aligned (e.g. regarding custom 
controls, leakage rules, definitions etc.).  
The contribution of the revised F -Gas Regulation to reaching GH G targets at Member States 
level under the Effort Sharing Regulation is complemented by the revision of the Industrial 
Emissions Directive (IED: Directive 2010/75/EU) which will cover activities responsible for 
around 15% of overall EU emissions of GHG emi ssions not covered by the ETS. The focus of 
                                                 
5 COM(2021) 555 final  
6 OJ L 161, 14.6.20 06, p. 12.  
7 OJ L 286, 31.10.2009, p. 1.  EN 4  EN the IED is primarily on emissions of pollutants and emissions of GHGs from industrial 
sources that are not covered by the EU ETS8. By contrast, the ODS and F -Gas Regulations 
mainly, but not exclusively, focus on placing on the market and use of ozone -depleting 
substances and fluorinated gases in order to prevent emissions of those chemicals which are 
very potent GHGs. The IED offers the opportunity for a systematic consideration of F -gas 
emissions as a key environ mental parameter in the development of best available technique 
reference documents for industry sectors. The latter constitute the basis for the setting of 
emission limit values for industrial installations to limit their emissions of F -gases and ODS. 
Furthermore, the E -PRTR Regulation (Regulation (EC) No 166/2006) will be modernised to 
improve reporting, and public availability of information, on emissions of both pollutants and 
greenhouse gases and should in the future allow for more granularity on emiss ions data of F -
gases and ODS from such installations.  
There are also close synergies with energy policies, in particular the Directive 2009/125/EC 
on eco -design9, given the relevance of indirect emissions from energy use of F -gas equipment. 
The proposal fo llows the “energy efficiency first principle” by only taking into account 
alternatives that are being at least as energy efficient as equipment using a traditional F -gas. 
Special attention has also been paid to the fact that the decarbonisation of the ener gy system 
will require high growth rates for heat pumps that currently are marketed with F -gases in the 
Union . This is in particular due to the recent geopolitical developments requiring a higher 
growth in heat pumps to reduce dependence on oil and gas as outlined in the Communication 
RePowerEU10. In order to reach climate neutrality, it is important to have policies in place 
that increase the energy efficiency as much as possible and that limit direct emissions from F -
gases. This is particularly important s ince any heat pump equipment with F -gases that is put 
into operation today will lead to direct GHG emissions for many years into the future due to 
leakage, necessary servicing with more F -gases and possible emissions when the equipment 
entered the waste st ream. Where possible this should be avoided, which is why specific 
product bans are included. Overall, it is estimated that the proposed review of the quota 
system, following the preferred option of the impact assessment, has sufficient buffer to allow 
for such growth in heat pump deployment.  
As regards the import and reporting provisions there are synergies with the REACH 
Legislation11, as importers of fluorinated gases are affected by both. The more granular data 
collected, and the stringent import require ments related to the quota system in the F -gas 
Regulation could be used to improve overview and compliance on REACH registration 
obligations as pointed out by the chemical industry.  
The reviewed proposal strongly reinforces the links to customs, market sur veillance, 
environmental crime and whistleblowing by spelling out the concrete obligations of economic 
operators and the competent authorities to reduce illegal activities including smuggling and 
safeguard the environmental integrity of the Regulation.  
Furthermore, there are direct links with waste policy, as the end -of-life is a crucial phase 
where many emissions occur if the existing obligations are not complied with. The recovery 
obligations in the F -gas Regulation are complemented by references in the relevant waste 
                                                 
8 Directive 2003/87/EC, OJ L 275, 25.10.2003, p.32.  
9 Directive 2009/125/EC of the European Parliament and of the Council of 21 October 2009 establishing 
a framework for the setting of ecodesign requirements for energy -related products (OJ L 285, 
31.10.2009, p. 10).  
10 COM(2022) 108 final.  
11 https://echa.europa.eu/regulations/reach/legislation  EN 5  EN legislation (e.g. WEEE Directive12 and Waste Shipment Directive13). Reinforced producer 
responsibility schemes as promoted by the F -gas Regulation could make a significant 
contribution to improve current practices and reduce end -of-life emissi ons. This is an 
opportunity in light of the on -going revision of the Waste Framework Directive.  
Last but not least, the continuous and timely updating of safety standards as well as codes and 
legislation at all levels, European, national, regional and local, is crucial to keep pace with the 
rapid development of technologies and to ascertain that the use of climate -friendly 
refrigerants can be maximised without compromising safety.  
2. LEGAL  BASIS,  SUBSIDIARITY  AND  PROPORTIONALITY  
• Legal basis  
This proposal is based on Article 192(1) of the Treaty on the Functioning of the European 
Union, in line with the objective to preserve, protect and improve the quality of the 
environment; protect human health; and to promote measures at international level to deal 
with climate change.      
• Subsidiarity   
The proposal complements EU legislation that has existed at EU level since 2006 and it 
clearly complies with the subsidiarity principle for the following reasons:  
Firstly, protecting the climate system is a cr oss-border issue and the scale of the problem 
demands action worldwide. Secondly, the most effective measures are prohibiting or 
restricting the use or placing on the market of F -gases or F -gas products and equipment. For 
the functioning of the EU internal  market and the free movement of goods, it is highly 
preferably if such measures are taken at EU level. Thirdly, the Protocol considers the EU as a 
regional economic integration organisation (REIO) and the EU must therefore comply with 
the Protocol’s oblig ations at Union level (e.g. reporting, licensing system, consumption phase -
down). This requires relevant legislation at the same level; it would be very difficult if not 
infeasible to achieve compliance through 27 different national systems. The only excep tion to 
the REIO clause is the Protocol’s HFC production phase -down schedule, which requires 
compliance at Member States level.14 Still some Member States have requested that 
production is also regulated at EU level as this would increase the flexibility fo r the 
companies concerned.  
• Proportionality  
The proposal complies with the proportionality principle. The proposal ensures that F -gas 
emissions will be further reduced and that the EU continues to comply with its international 
obligations under the Protoc ol to phase down the production and consumption of HFCs. The 
proposed measures are based on a thorough assessment of their cost -efficiency that shows that 
the marginal emission abatement costs for any sector are within the range that other sectors in 
the e conomy are expected to face to ensure the needed transition towards climate neutrality by 
2050. Moreover, in the long term the mitigation measures will result in overall cost savings. 
Some measures will slightly increase the administrative burden on indust ry but some of them 
are essential for compliance with the Protocol and others are needed to facilitate appropriate 
                                                 
12 Directive 2012/19/EU of the European Parliament and of the Council of 4  July 2012 on waste electrical 
and electronic equipment (OJ L 197, 24.7.2012, p. 38).  
13 Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14  June 2006 on 
shipments of waste (OJ L 190, 12.7.2006, p. 1).  
14 Pursuant to Article 2(8)(a) of the Protocol, an EU -level compliance un der REIO on production is 
possible, but this is currently not the case as there was no agreement by Member States.  EN 6  EN enforcement of the rules as well as monitoring future threats. None of the latter measures 
involve high costs. No detailed provisions are pro posed in areas where the objectives might be 
better achieved by action in other policy areas, for example legislation on waste. The level of 
benefits achieved by these measures could not have been achieved as cost efficiently for 
industry and Member States  by introducing 27 different additional F -gas policies in Member 
States.  
• Choice of the instrument  
The legal instrument chosen is a Regulation because the proposal aims to replace and improve 
the F -gas Regulation while maintaining its general structure o n control measures. The F -gas 
Regulation has proven to be effective. Since the proposal includes several amendments as 
well as adaptations to the structure of the F -gas Regulation, the F -gas Regulation should be 
repealed and replaced with a new Regulation to ensure legal clarity. Any major changes (i.e. 
repeal, or turning it into a Directive) would unduly burden Member States and create 
additional uncertainty for the undertakings active in this sector.  
3. RESULTS  OF EX-POST  EVALUATIONS,  STAKEHOLDER  
CONSULT ATIONS  AND  IMPACT  ASSESSMENTS  
• Ex-post evaluation  
The Commission carried out an evaluation of the F -gas Regulation in line with the 'Better 
regulation' requirements, and responded to Article 21(2) of the F -gas Regulation, which 
requires the Commission to publish a comprehensive report on its effects no later than 31 
December 2022.  
The evaluation concludes that the F -gas Regulation has been mostly effective in meeting its 
original objectives of both reducing F -gas emissions and being instrumental in obtain ing an 
international agreement to reduce HFCs. Furthermore, the individual measures were found to 
work well together to meet these objectives. As a direct result of the legislation, F -gas 
emissions have decreased year -on-year starting in 2015 after a decad e of rising amounts. 
These emission savings were achieved at very low abatement costs linked to technological 
change (i.e. 6 € per tonne CO2e on average), and without reducing energy efficiency of the 
equipment concerned. The F -gas Regulation has safeguard ed high environmental ambition by 
maintaining the same obligations across the EU, while also ensuring a level -playing field in 
the internal market concerned industries and undertakings.  
At the same time, the evaluation concludes that since the adoption of  the Regulation a number 
of important developments (notably the European Green Deal, and a changed international 
policy environment with the Paris Agreement and the Kigali Amendment) have changed the 
relevant policy framework, implying that the EU F -gas Re gulation is not fully fit -for-purpose, 
in terms of both exploiting the unused potential for achieving additional emission reductions 
and ensuring future compliance with the Protocol. Modelling indicates that the F -gas emission 
reductions in 2030 will be lo wer than expected in the 2012 impact assessment15 that had the 
objective to contribute to reaching the previous 2030 climate target (at least -40% compared 
to 1990). Also, some sectors continue to use and emit highly warming F -gases, where this 
could be avo ided (e.g. in the light of technological progress) and there are emissions from 
sectors or substances not currently included under the scope of the Regulation.  
The evaluation also identifies other challenges, including illegal imports of HFCs that 
circumv ent the quota system and “rogue traders” (a multiplication of bulk importers often 
                                                 
15 SWD(2012) 364 final.  EN 7  EN without connection to the sector that enter the market for speculative reasons and/or benefit 
disproportionately from the quota system). Moreover, the uptake of climate frie ndly 
alternatives is being hindered by a lack of personnel that have skills to install and maintain 
equipment with climate -friendly alternatives as well as safety standards that are not fully 
updated according to technological progress. Better emission con trol could also address some 
of the concerns about possible eco -toxicological consequences of atmospheric breakdown 
products of HFC and hydro(chloro)fluoroolefins (H(C)FOs). Furthermore, certain gaps in the 
substances and activities covered by monitoring a nd reporting measures could be avoided. In 
addition, a few obligations linked to the reporting and verification obligations could be made 
more efficient. Finally, it was perceived as a threat that there is currently no flexibility to 
quickly react in case of undesirable effects of the quota system such as significant lack of 
HFC supply.  
In general, the F -gas Regulation was found to be externally consistent and coherent with other 
interventions that have similar objectives, although there are areas that hav e led to some 
incoherencies that should be addressed. An important area is customs law, where synergies 
with the EU Single Window Environment for Customs should be exploited and efficient 
border controls facilitated to stop illegal activities. Another impo rtant synergy is with the 
REACH Regulation where Member States -led efforts are underway to look into the relevance 
of persistent degradation products from H(C)FOs. Internal consistence of the Regulation is 
good, but some clarifications and alignments are n eeded.  
On the basis of these findings the five review objectives mentioned in section 1 were 
identified.  
• Stakeholder consultations  
The Commission carried out a broad consultation with stakeholders. The consultation on the 
review roadmap from 29 June 2020  to 7 September 2020 and  the online public consultation  
from 15 September 2021 to 29 December 2021 provided an opportunity for all stakeholders to 
contribute views on the F -gas Regulation, irrespective of the respondents’ level of familiarity 
with the Regu lation. These activities received 76 and 241 responses respectively. The 
individual responses and a summary are publicly available on the Commission “Have your 
say” website16. A targeted consultation , involving 34 semi -structured interviews tailored to 
comp etent F -gas authorities, customs authorities, NGOs, EU business associations and 
organisations, as well as several individual companies was carried out. An open stakeholder 
workshop was held on 6 May 2021 attended by 355 participants, where the preliminary  results 
of the evaluation and the impact assessment were presented. The agenda, background briefing 
material and the presentation delivered at the workshop are available on DG CLIMA’s 
website17. 
These consultations gathered views on the achievements of the Regulation to date with 
respect to its relevance, effectiveness, efficiency, EU added value and internal and external 
coherence. In addition, feedback was also gathered on potential measures and  their likely 
environmental, economic and social impacts, taking into account the European Green Deal 
and its more ambitious targets and the obligations on hydrofluorocarbons under the Protocol.  
Stakeholders generally agreed that the F -gas Regulation was very successful but that it could 
and should be improved. Moreover, it was clearly noted that objectives of the Regulation 
could not be better achieved by action at Member State level (rather than EU -level).   
                                                 
16 https://ec.europa.eu/info/law/better -regulation/have -your-say/initiatives/12479 -Review -of-EU-rules -on-fluorinated -greenhouse -
gases/public -consultation_en  
17 https://ec.europa.eu/clima/eu -action/fluorinated -greenhouse -gases/eu -legislation -control -f-gases_en#ecl -inpage -1474 EN 8  EN Most stakeholders, and competent authorities i n particular, stated that the Regulation needs to 
be aligned with the Protocol after 2030 to ensure future coherence and compliance. While 
some industry and businesses stakeholders commonly working with F -gases in the 
refrigeration, air -conditioning and he at-pump sector did not want to raise the ambition level of 
the current F -gas Regulation further, manufacturers of equipment using alternative 
refrigerants and NGOs strongly supported higher ambition. Across all consultation activities, 
industrial stakehold ers showed strong support for various measures aimed at tackling illegal 
trade and challenges to the quota system, reflecting that they consider this a key issue for 
improving the Regulation (while different measures received different levels of support). 
These stakeholders also showed a high level of support for additional training and 
certification of technicians on F -gas alternatives, highlighting that this is a key barrier to the 
uptake of alternatives.   
• Collection and use of expertise  
The Commission  has gathered extensive technical advice from a number of expert studies, 
including Commission reports18  on air conditioning, switchgear, availability of HFCs, 
commercial refrigeration, quota allocation, safety standards and training for service personnel.  
In addition, a comprehensive preparatory study was carried out for the review of the 
Regulation by external consultants, which included a detailed bottom -up stock model of the 
F-gas using sectors (AnaFgas model) in order to calculate demand and emission s cenarios for 
F-gases, for the baseline and the policy options, as well as energy use of the relevant 
equipment, for the EU27+UK in the period of 2000 to 2050 . An attached cost module allows 
quantification of related costs to the operators of equipment rely ing on F -gases or their 
alternatives. Macroeconomic effects were modelled using the Joint Research Centre’s GEM -
E3 model19. This preparatory study and its annexes (Öko -Recherche et al., 2021) with the 
underlying data, assumptions and detailed results are ma de public on DG CLIMA’s website. 
The industry sector, Member States authorities and civil society provided extensive input and 
technical support for the study.   
• Impact assessment  
The Commission carried out an impact assessment analysing three policy opti ons in terms of 
their effectiveness in achieving the objectives sought as well as their environmental, economic 
and social impacts. For each  review objective, a series of measures were identified.  The 
measures, which are  complementary and not mutually excl usive,  were grouped into three 
policy options on the basis of their expected (abatement) costs:  
 All three options include the improvements seeking to clarify the rules or make them more 
coherent. The three options are as follows:  
 Option 1 : Align with the Protocol - low cost measures. It includes all measures to 
ensure long -term compliance with the Protocol. This option also includes any 
beneficial measures on all objectives that were expected to result in very low costs 
and effort, if any.  
 Option 2:  Proportionate emission reductions and implementation improvement . 
In addition to Option 1, it includes measures that achieve emission reductions and 
implementation improvements at moderate costs and effort, to the point where a sub -
sector would no t have to pay more than marginal sectoral abatement costs expected 
for the economy overall to reach carbon neutrality in 2050.  The HFC quota levels 
                                                 
18 C(2020)6637 final, C(2020) 6635 final , C(2020)8842 final , C(2017)5230 final , COM(2017) 377 final , 
COM/2016/0749 final , COM/2016/0748 final.  
19 https://joint -research -centre.ec.europa.eu/gem -e3/gem -e3-model_en  EN 9  EN are therefore more restrictive than in Option 1 and additional F -gas prohibitions with 
specific GWP limits and dates complement the phase -down. The option also includes 
more measures to improve enforcement and monitoring, as long as they do not imply 
high costs.  
 Option 3:  Maximum feasibility and implementation improvements . Option 3 is a 
high cost option. In ad dition to all previous measures in Options 1 and 2, Option 3 
will include those that seek to achieve the maximum GHG emission reductions based 
on today’s technical feasibility while taking into account energy efficiency and safety 
aspects, but regardless o f what it would cost. This option has the steepest quota 
system. All measures to improve enforcement and monitoring that were considered 
feasible are also included in this option.  
While all options would safeguard full compliance with the Protocol, the det ailed impact 
assessment clearly shows that Option 2 will result in the most appropriate cost -benefit 
balance, achieving a very substantial amount of additional emissions to the current Regulation 
(i.e. the baseline) at a modest price tag and avoiding undue  hardship for any affected sectors. 
In the 2030 context, the proposed Regulation is estimated to result in additional savings of 
cumulatively 40 MtCO2e. It is important to keep in mind that these savings will come on top 
of the 430 MtCO2e estimated to resu lt from the current Regulation. By 2050 the additional 
savings of Option 2 will be ca. 310 MtCO2e. This means that the residual annual F -gas 
emissions in 2050 are estimated to be only 14 MtCO2e. Option 2 is thus considered to be 
compatible with reaching ne t climate neutrality by 2050, reducing the need for carbon -
removal policies to compensate for emissions that cannot be avoided in 2050 to achieve net 
climate neutrality.  
The necessary technological adjustment leads to cost savings overall and in many sub -sectors, 
due to lower energy costs for the users. However, there are some costs for end -users who do 
not switch to alternatives as a result of higher prices of HFCs under a reinforced quota system. 
Nonetheless, in the longer turn some sectors of the economy  will profit from the technology 
conversion, leading to higher output, innovation and employment. Option 2 is therefore the 
most coherent with the objectives of the European Green Deal, as well as the “Do No 
Significant Harm” -principle. As confirmed by sta keholders the types of measures in Option 2 
have EU added value. Consequently, the level of benefits achieved could not have been 
achieved as cost efficiently for industry and Member States by introducing 27 different 
additional F -gas policies in Member St ates. It turns out that Option 1 does not achieve any 
additional cumulative emission savings compared to the current Regulation and considering 
the savings potential shown in Option 2 and 3, Option 1 would simply be less adequate in the 
light of the EU’s a mbitious climate targets. Option 3, on the other hand, would achieve 
marginally higher emission savings compared to Option 2 but those additional savings would 
come at the expense of very high costs for some sectors (marginal sectoral abatement costs by 
2050 of up to of 2,111 €/t CO2e for Option 3, compared to maximally 336 €/tCO2e in Option 
2; technological adjustment costs for all sectors of 113 million € per year for Option 3 
compared to 12 million € per year for Option 2) and it is preferable to seek ot her ways to 
contribute to the achievement of the national greenhouse gas emission reduction  targets.   
Option 2 will also ensure better control at a moderate increase in administrative burden for 
industry and authorities (Total net costs were estimated as  7.6 million € for industry as 
recurrent yearly costs, in addition to one -off costs of € 3 million). These changes should allow 
for an effective enforcement, tackling the identified existing challenges, in particular those 
linked to illegal trade. Furtherm ore, the monitoring rules will become more streamlined and 
comprehensive by covering new aspects that have become relevant. The detailed results of 
environmental, economic and social impacts are presented in the impact assessment.  EN 10  EN A number of simplificatio ns are achieved in the area of monitoring. These include savings 
from changes to the quota declaration process (€1.2 million of costs saved yearly), aligning 
reporting and authorisation thresholds for equipment importers (€0.09 million yearly), 
relaxing th e verification threshold for equipment importers (€1.7 million yearly) and 
digitising the verification process (€1.5 million yearly).  
The Regulatory Scrutiny Board issued a positive opinion with reservations on the impact 
assessment on 25 February 2022. T he final recommendations to better explain the links to the 
Effort Sharing Regulation, the need to raise ambition, a more detailed description of the 
methodology and spelling out the success parameters were addressed in a revised text of the 
impact assessm ent. All detailed comments of the Board and how they were addressed are 
given in the impact assessment. This full impact assessment and a summary version are 
available on DG CLIMA’s website.  
• Fundamental rights  
The proposed rules of this initiative ensur e the full respect of the rights and principles set out 
in the Charter of Fundamental Rights of the European Union.  
4. BUDGETARY  IMPLICATIONS  
This proposal includes a fixed quota price for a large part of the HFC quota that is allocated to 
importers and producers each year. The maximum annual revenue is shown in the table 
below.  
million €/year  
2025 - 2026                 125 
2027 - 2029                 53 
2030 - 2032                 27 
2033 - 2035                 25 
2036 - 2038                 20 
However, the further development, operation, maintenance and IT security of the HFC quota 
system and the F -gas and ODS licencing system required under the Montreal Protocol as well 
as necessary links to the EU Single Window Environment for Customs and facilitation of 
better enforcement will require additional resources. Therefore, it is proposed, that the quota 
sale revenue is being used to cover costs r elated those activities and that the remaining quota 
sale revenue will flow into the EU Budget as general revenue.  
5. OTHER  ELEMENTS  
• Implementation plans and monitoring, evaluation and reporting arrangements  
Future monitoring and evaluation of the Regula tion can rely on the Regulation’s annual 
company reporting data that is collected and aggregated by the European Environment 
Agency each year.20 The agency prepares a report on F -gas related activities for Member State 
representatives and the Commission (DG  CLIMA), which includes inter alia data on imports, 
exports, production, destruction, and reclamation relevant to bulk F -gases and equipment 
containing such gases. Furthermore, to comply with the Protocol, the Commission is using the 
data to report annuall y on HFC production, feedstock, destruction, imports and exports to the 
                                                 
20 https://www.eea.europa.eu/publications/fluorinated -greenhouse -gases -2020  EN 11  EN Protocol’s Ozone Secretariat on behalf of the EU. In addition, there is a public version of the 
report in the form of a web -based F -gas indicator published and updated regularly by the  
EEA. The measures proposed on reporting and monitoring would improve this data basis 
further in the future.  
The changes to the reporting scope (new substances; recipients of exempted quota; 
reclamation facilities) will complete the picture on relevant gases and uses. The emission 
reporting databases will improve the knowledge on emissions and thus the impact of the F -gas 
sector as well as better data quality reported to the United Nations Framework Convention on 
Climate Change (UNFCCC). The streamlining  of reporting and verification rules should also 
help in achieving better data quality more efficiently.  
Moreover, the Commission will continue to closely monitor prices, the workings of the quota 
system and other market developments of the sector on the b asis of contracts with external 
experts. Member States regularly update on relevant activities carried out such as (i) the 
collection and use of data to determine emissions, (ii) producer responsibility schemes, (iii) 
enforcement and other measures taken o n illegal activities including penalties to the 
Implementation Committee established in the Regulation.   
Finally, the Commission will  monitor the  implementation of the proposed measures. In this 
context, the Commission will cooperate closely with national authorities e.g. the national 
experts on ozone depleting substances, customs authorities and market surveillance 
authorities. The committee referred to in the proposal will assist the Commission in its work 
and will discuss questions on the harmonised enfo rcement of the proposed rules where 
appropriate.  The development of the relevant case -law of the Court of Justice of the European 
Union will also be monitored, as well as any decision by the Implementing Committee of the 
Montreal Protocol regarding complia nce of the EU and its Member States.  
A good performance of the Regulation would mean that:  
 Emissions of F -gases should fall as predicted by the modelling carried out  
under the accompanying impact  assessment, i.e. in 2030 annual emissions 
should be 37 MtCO2 e.  
 There should be no compliance issues with the Montreal Protocol regarding 
obligations on HFCs.  
 Smooth implementation of the quota system and reduction of illegal trade to 
avoid harm in environmental, economic or reputational terms.  
 The monitoring and reporting supports policy evaluation and compliance 
checking in a more effective but also efficient way.  
The impacts of the Regulation should be evaluated regularly; the first evaluation, based on 
these data, should be published by 2033. In this context, a n expert study would be needed to 
estimate the progress made on foam banks. The evaluation should also examine the 
developments in administrative costs.  
• Detailed explanation of the specific provisions of the proposal.  
The measures established under the F -gas Regulation to reduce emissions of fluorinated 
greenhouse gases are not put into question in the current proposal. The proposal mainly 
ensures that the proposed Regulation will be aligned with the ambitious EU climat e objectives 
and that long -term compliance with international obligations will be guaranteed. Existing 
rules are clarified and strengthened to ensure better enforcement.  
Chapter I  EN 12  EN The proposal establishes the subject -matter and scope of the Regulation and  includes the 
necessary definitions.  
Chapter II  
The proposal includes rules on containment (prevention of emissions, leakage checks, leakage 
detection system and rules on recovery). Prevention of emissions covers F -gases listed in 
Annexes I and II, and is  imposed on all relevant actors during the production, storage, 
transport, manufacturing and operation of F -gases and the equipment containing them. Leak 
checks and record keeping also covers gases listed in Annex II Section I. Recovery 
obligations of fluo rinated greenhouse gases is extended to also cover foams in sandwich 
panels and laminated boards when removed from buildings. The proposal also establishes 
training and certification obligations that also include tasks in relation to equipment that 
contain  gases used as substitutes to fluorinated greenhouse gases (alternative gases) to 
promote their safe use and handling. The training and certification programmes should also 
cover energy efficiency aspects.  
Chapter III  
The proposal includes restrictions an d prohibitions on the placing on the market of F -gases 
and the concerned products and equipment. It clarifies that products and equipment placed 
unlawfully on the market cannot be used or further supplied. For products and equipment 
lawfully placed on the market, their further supply as of two years following the prohibition 
deadline is allowed only if evidence is provided of their (initial) lawful placing on the market. 
Non-refillable containers shall be prohibited from entering the customs territory and f urther 
used or supplied.  
The proposal also includes labelling requirements for the placing on the market of F -gases in 
containers and in certain equipment. These requirements include hydrofluorocarbons that are 
exempted from the quota requirements to enab le enforcement of those exemptions. The 
proposal also prohibits specific uses of certain F -gases.  
Chapter IV  
The proposal establishes a production reduction schedule for HFCs, following the binding 
rules of the Montreal Protocol. Productions that maintain  production today will receive rights 
based on the historic baseline of 2011 to 2013, while the Commission may, at the request of a 
Member State and within that State’s production limits set by the Protocol, allocate additional 
rights to new entrants. The latter does not exempt HFCs exported inside of products and 
equipment.   
The proposal also establishes a reduction schedule for the placing on the market of HFCs by 
establishing individual quantitative limits (quotas) for producers and importers. Importers  and 
producers must ensure that they have sufficient quota to cover the quantities of HFCs placed 
on the market, at the moment the placing on the market occurs (i.e. for importers at the time 
of release for free circulation). HFCs for certain uses are exem pted from the quota 
requirements. However, the exemption from the phase -down of metered dose inhalers (MDIs) 
for pharmaceutical use is removed to align with the consumption phase -down schedule of the 
Montreal Protocol, where the latter products are not exe mpted. The use of HFCs as 
propellants for MDIs is fully emissive, i.e. the whole HFC quantity filled into these products 
will eventually end up in the atmosphere, and has grown by 45% between 2015 and 2019. 
Even though two suitable climate -friendly alterna tives are available that would not require 
any adaptation for the MDIs use by patients and that the approval process by the medical 
authority (EMA) is under way, the industry expects a slow market uptake in the absence of a EN 13  EN policy signal. By including MDIs  under the quota system, a significant amount of emissions 
can be saved by 2050, at very little costs to manufacturers and the patients.21  
Quotas are allocated every year to new entrants exclusively on the basis of a declaration and 
to historic importers a nd producers (incumbents) on the basis of their reference values (and on 
the basis of a declaration if made). Certain conditions apply for the allocation of quotas to all 
importers and producers, including the payment of an allocation amount. Importers and  
producers that share the same beneficial owner(s) shall be considered as one undertaking for 
the purpose of the determination of reference values and the allocation of quotas. HFCs 
charged in certain equipment should also be accounted for in the quota sys tem.   
Importers and producers that have a reference value may transfer some or all of their allocated 
quota to another undertaking for the purpose of placing HFCs on the market in bulk and may 
also authorise the use of all or some of their quota to anothe r undertaking for the purpose of 
placing equipment charged with HFCs on the market.  
The proposal also envisages the operation of the F -gas Portal for the implementation of the 
quota allocation system, licensing and reporting obligations and its inter -conn ection with the 
EU Single Window for Customs. Registered importers and producers have access to their 
individual quota allocations, penalties, quantities placed on the market as reported, as well as 
transfers and authorisations to use quota recorded by the se undertakings. Alleged clerical 
errors in the recording of information by undertakings and in their reported data must be 
substantiated by evidence and must be timely presented to the Commission.  
Chapter V  
The proposal imposes as a condition to trade, a  valid license to be presented to customs 
authorities in cases of import and export.  
The proposal also clarifies the role of customs authorities and market surveillance authorities 
in enforcing the controls on trade envisaged therein. The information that  should be provided 
in cases of imports and exports is listed as well as what customs authorities should check in 
particular during customs controls carried out on a risk basis. Non -refillable containers should 
be confiscated or seized or taken out of the market. For other goods, customs and market 
surveillance authorities shall take all necessary measures, including confiscation or seizure 
where needed, to enter that prohibited goods do not re -enter the market from another EU 
customs office. Re -export of u nlawful gases or products covered under the Regulation shall 
be prohibited. Only designated or approved places and customs offices shall be allowed to 
handle cases of imports and exports of F -gases; only these designated offices and places shall 
be allowed  to open or close a transit procedure.  
Finally, the proposal imposes a ban on the trade of HFCs with non -Parties to the Protocol, in 
line with the obligations set out in the Protocol as from 2028.  
Chapter VI  
The proposal establishes reporting obligations in particular for producers, importers of gases 
in bulk as well as charged in products and equipment, exporters, feedstock users, destruction 
and reclamation facilities and undertakings that received hydrofluorocarbons that fall under 
the exemptions from t he quota rules. The reporting is done electronically via the F -gas Portal. 
Verification, subject to quantitative limits, of reported data shall also be done via the F -gas 
Portal.  
The proposal requires Member States to collect emission data electronically where possible.  
                                                 
21 Find more information on MDIs in the accompanying impact assessment.  EN 14  EN Chapter VII  
The proposal specifies the cases where exchange of information and cooperation with 
competent authorities within a Member State, as well as amongst Member States and with 
competent authorities of third countries is required.  
The proposal also establishes the obligation for competent authorities to check on the 
compliance of undertakings with the Regulation on a risk basis and where concrete evidence 
are available.  
The proposal also ensures that reports by whistle -blowers in rel ation to infringements of the 
Regulation benefit from the level of protection envisaged under Directive (EU) 2019/1937.  
Chapter VIII  
Finally, the proposal establishes that the level and type of administrative penalties for 
infringements of the Regulation must be effective, dissuasive and proportionate and shall also 
take into account relevant criteria (such as the nature and gravity of the infringement). In 
particular, it proposes an administrative fine to be imposed in cases of illegal production, use 
or trade of gases and of the products and equipment covered under this Regulation. The 
proposed provisions are aligned, and compliment the Commission Proposal for a Directive of 
the European Parliament and of the Council on the protection of the environment t hrough 
criminal penalties adopted on 15 December 202122.  
The proposal also establishes a consultation forum represented by Member States and 
representatives of civil society, including environmental organisations, representatives of 
manufacturers, operator s and certified persons who will advise and provide expertise to the 
Commission in the implementation of this Regulation.  
                                                 
22 COM(2021) 851 final.  EN 1  EN 2022/0099 (COD)  
Proposal for a  
REGULATION OF THE EUROPEAN PARLIAMENT AND  OF THE COUNCIL  
on fluorinated greenhouse gases, amending Directive (EU) 2019/1937 and repealing 
Regulation (EU) No 517/2014  
(Text with EEA relevance)  
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,  
Having regard to the Treaty on the Functio ning of the European Union, and in particular 
Article 192(1) thereof,  
Having regard to the proposal from the European Commission,  
After transmission of the draft legislative act to the national parliaments,  
Having regard to the opinion of the European Economic and Social Committee23,  
Having regard to the opinion of the Committee of the Regions24,  
Acting in accordance with the ordinary legislative procedure,  
Whereas:  
(1) The European Green Deal launched a new growth strategy for the Union that aims to 
transform the Union into a fair and prosperous society  with a modern, resource -
efficient and competitive economy. It reaffirms the  Commission’s  ambition to increase 
its climate targets and make Europe the first climate -neutral continent by 2050  and 
aims to  protect the health and well -being of citizens from environment -related risks 
and impacts.  Furthermore, the EU is committed to the 2030 Agenda for Sustainable 
Development and its Sustainable Development Goals . 
(2) Fluorinated greenhouse gases are human -made chemicals that are very strong 
greenhouse gases (‘GHG’), often several thousand times stronger than carbon dioxide 
(‘CO 2’). Together with CO 2, methane and nitrous oxide, they belong to the group of 
GHG emissions covered by the Paris Agreement adopted und er the United Nations 
Framework Convention on Climate Change (‘the Paris Agreement’).25 Fluorinated 
greenhouse gas emissions amount today to 2.5 % of total GHG emissions, in the 
Union, but have doubled from 1990 to 2014 in contrast to other GHG emissions, 
which have fallen.  
(3) Regulation (EU) No 517/2014 of the European Parliament and of the Council26 was 
adopted to reverse the increase in fluorinated greenhouse gas emissions. As concluded 
by an evaluation prepared by the Commission, Regulation (EU) No 517/ 2014 has led 
to a year -on-year decrease of fluorinated greenhouse gas emissions. The supply of 
                                                 
23 OJ C , , p. .  
24 OJ C , , p. .  
25 OJ L  282, 19.10. 2016, p.  4. 
26 Regulation (EU) No 517/2014 of the European Parliament and of the Council of 16 April 2014 on 
fluorinated greenhouse gases (OJ L 150, 20.5.2014, p. 195).  EN 2  EN hydrofluorocarbons (‘HFCs’) has declined by 37 % in metric tonnes and 47 % in terms 
of tonnes CO 2 equivalent from 2015 until 2019. There has also been a clear sh ift to the 
use of alternatives with lower global warming potential (‘GWP’) including natural 
alternatives (for example CO 2, ammonia, hydrocarbons, water) in many types of 
equipment that used fluorinated greenhouse gases traditionally.  
(4) The Intergovernmental Panel on Climate Change (IPCC) Special report27 concluded 
that emission decreases for fluorinated greenhouse gases of up to 90 % by 2050 
globally compared to the year 2015 would be needed. In response to the urgency for 
climate action, the  Union increased its climate ambition through Regulation (EU) 
2021/1119  of the European Parliament and of the Council  (the European Climate 
Law).28 That Regulation establishes a binding net GHG reduction target of at least 55 
% by 2030 compared to 1990 and climate neutrality by 2050. The Union has also 
enhanced its initial nationally determined contribution under the Paris Agreement from 
at least 40 % greenhouse gas emissions reductions by 2030, to at least 55 %. However, 
the evaluation of Regulation (EU) No  517/2014 shows that the emission savings 
envisaged by 2030 in the context of the outdated Union climate objectives will not be 
fully achieved.  
(5) Due to rising HFC emissions globally, Parties to the 1987 Montreal Protocol on 
Substances that Deplete the O zone Layer (‘the Protocol’) decided in 2016 under the 
Kigali Amendment29 to implement an HFC phase -down that is to reduce HFC 
production and consumption by more than 80 % over the next 30 years. This implies 
that each Party must comply with an HFC consumpti on and production reduction 
schedule as well as providing for a licencing system for imports and exports and 
reporting on HFCs. It is estimated that the Kigali Amendment alone will save up to 
0,4°C of additional warming by the end of the century.  
(6) It is important that this Regulation ensures that the Union complies with its 
international obligations under the Kigali Amendment to the Protocol in the long -term, 
in particular, with regards to the reduction of consumption and production of HFCs, 
reporting a nd licensing requirements, in particular by introducing a phase -down for 
production and adding reduction steps for the placing of HFCs on the market for the 
time after 2030.  
(7) To ensure coherence with the reporting requirements under the Protocol, global  
warming potentials of HFCs should be calculated in terms of the 100 -year global 
warming potential of one kilogram of a gas relative to one kilogram of CO 2 based on 
the Fourth Assessment Report adopted by the IPCC. For other substances, the most 
recent IPC C Assessment Report should be used. Where available, the 20 -year global 
warming potential should be provided to better inform about the climate impacts of the 
substances covered by this Regulation.  
(8) The intentional release of fluorinated substances, wh ere unlawful, is a serious 
infringement of this Regulation and should be explicitly prohibited; operators and 
manufacturers of equipment should be obliged to prevent leakage of such substances 
to the extent possible, including through leak checking of the most relevant equipment.  
                                                 
27 IPCC Special Report. Global warming of 1.5 C (August 2021).  
28 Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30  June 2021 establishing 
the framework for achieving climate neutrality and amending Regulations (EC) No  401/2009 and (EU) 
2018/1999 (OJ L 243, 9.7.2021, p. 1).  
29 Council Decision (EU) 2017/1541 of 17 July 2017 on the conclusion, on behalf of the European Union, 
of the Kigali Amendment to the Montreal Protocol on substances that deplete the ozone layer, (OJ L 
236, 14.9.2017, p. 1).  EN 3  EN (9) Given that the production process for some fluorinated compounds can result in 
significant emissions of other fluorinated greenhouse gases produced as by -products,  
such by -product emissions should be destroyed or recovered fo r subsequent use as a 
condition for the placing of fluorinated greenhouse gases on the market. Producers and 
importers should be required  to document measures adopted to prevent  emissions of 
trifluoromethane during the production process.  
(10) To prevent emissions of fluorinated substances, it is necessary to lay down provisions 
on the recovery of substances from products and equipment and the prevention of 
leakages of such substances. Foams containing fluorinated greenhouse gases should be 
treated in acco rdance with Directive 2012/19/EU of the European Parliament and of 
the Council.30 Recovery obligations should also be extended to building owners and 
contractors when removing certain foams from buildings, in order to maximise 
emissions reductions.  
(11) To encourage the use of technologies with no impact or lower impact on the climate 
that may involve the use substances that are toxic, flammable or highly pressurized, 
the training of natural persons who carry out activities involving fluorinated 
greenhouse g ases should cover technologies replacing or reducing the use of 
fluorinated greenhouse gases, including information on energy efficiency aspects and 
applicable regulations and technical standards. Certification and training programmes 
established under Reg ulation (EU) No 517/2014, which may be integrated in national 
vocational training systems, should be reviewed or adapted enabling technicians to 
handle alternative technologies safely.  
(12) The existing prohibitions on specific uses of sulphur hexafluorid e, the most climate 
damaging substance known, should be retained and be complemented by additional 
restrictions on the use in the critical sector of power distribution.  
(13) Where suitable alternatives to the use of specific fluorinated greenhouse gases a re 
available, bans should be introduced on the placing on the market of new equipment 
for refrigeration, air -conditioning and fire protection that contains  fluorinated 
greenhouse gases  or whose functioning relies upon those gases . Where alternatives are 
not available or cannot be used for technical or safety reasons, or where the use of 
such alternatives would entail disproportionate costs, it should be possible for the 
Commission to authorise an exemption to allow the placing on the market of such 
products and equipment for a limited period.  
(14) For reasons of reducing the indirect impact of the operation of equipment for 
refrigeration, air -conditioning on the climate, the maximum energy consumption of  
such equipment set out in relevant implementing measures adopted under Directive 
2009/125/EC of the European Parliament and of the Council31 should continue to be 
considered as reason for exempting specified types of equipment from the prohibition 
to use fluorinated greenhouse gases . 
(15) Non-refillable containers for ozone depleting substances, should be banned, 
considering that an amount of refrigerant inevitably remains in these containers when 
emptied, which is then released into the atmosphere. In this respect, this Regulation 
                                                 
30 Directive 2012/19/EU of the European Parliament a nd of the Council of 4  July 2012 on waste electrical 
and electronic equipment  (OJ L 197, 24.7.2012, p.38).  
31 Directive 2009/125/EC of the European Parliament and of the Council of 21 October 2009 establishing 
a framework for the setting of ecodesign requir ements for energy -related products (OJ L 285, 
31.10.2009, p. 10).  EN 4  EN should prohibit their import, placing on the market, subsequent supply or making 
available on the market, use unless for laboratory and analytical uses, and their export.  
(16) In order to facilitate the enforcement of the placing on the market prohibitions  and the 
restriction to products and equipment that contain  fluorinated greenhouse gases  or 
whose functioning relies upon those  gases, including when placed on the market in 
containers, it is important to establish the necessary labelling requirements for those 
goods.  
(17) To implement the Protocol, including the gradual reduction of the quantities of HFCs, 
the Commission should continue to allocate quotas to individual producers and 
importers for the placing of HFCs on the market, ensuring that the overall quantitative 
limit permitted und the Protocol is not exceeded. To protect the integrity of the gradual 
reduction of the quantities of HFCs placed on the market, HFCs contained in 
equipment should continue to be accounted for under the quota system.  
(18) Initially, the cal culation of reference values and the allocation of quotas to individual 
producers and importers was based on the quantities of HFCs that they reported as 
having been placed on the market during the reference period 2009 to 2012. However, 
in order not to ex clude undertakings from entering the market, or expanding their 
activities, a smaller part of the overall maximum quantity should be reserved for 
importers and producers who have previously not placed HFCs on the market and for 
importers and producers havi ng a reference value that wish to increase their quota 
allocation.  
(19) By a triannual recalculation of the reference values and quotas, the Commission 
should ensure that undertakings are allowed to continue their activities on the basis of 
the average vol umes they placed on the market in recent years, also including 
undertakings that previously had no reference value.  
(20) Considering the market value of the allocated quota, it is appropriate to claim a price 
for its allocation. This avoids a further frag mentation of the market to the detriment of 
those undertakings that are in need of the HFC supply and already dependent on HFC 
trade in the declining market. It is assumed that undertakings that decide not to claim 
and pay any quota, for which they would b e entitled in the year(s) prior to the 
calculation of reference values, have decided to leave the market and thus they do not 
get a new reference value.   The revenue should be used to cover administrative costs.  
(21) To maintain the flexibility of the mark et in bulk HFCs, it should be possible to transfer 
quotas from undertakings that have received a reference value to other producers or 
importers in the Union or to other producers or importers which are represented in the 
Union by an only representative.  
(22) A central so -called F -gas Portal should be set up and operated by the Commission to 
manage quotas for the placing of HFCs on the market, registration of concerned 
undertakings, and the reporting on all substances and on all equipment placed on the 
mark et, in particular where the equipment is pre -charged with HFCs that have not 
been placed on the market prior to the charging. To ensure that only genuine operators 
are registering in the F -gas Portal, specific conditions should be established. A valid 
registration in the F -gas Portal should constitute a license, which is an essential 
requirement under the Protocol for the monitoring of trade and preventing illegal 
activities in this respect .  
(23) In order to ensure automatic, real -time, customs controls, a t shipment level as well as 
an electronic exchange and storing of information on all shipments of fluorinated EN 5  EN greenhouse gases and the concerned products and equipment presented to customs it is 
necessary to interconnect the F -gas Portal with European Unio n Single Window 
Environment for Customs established by Regulation (EU) No …/… of the European 
Parliament and of the Council [ the full reference to be inserted once that Regulation 
has been adopted] .32  
(24) To enable the monitoring of the effectiveness of this Regulation, the scope of the 
reporting obligations should be extended to cover other fluorinated substances that 
have significant global warming potential or that are likely to replace the use of 
fluori nated greenhouse gases. For the same reason, the destruction of fluorinated 
greenhouse gases and the importation into the Union of those gases when contained in 
products and equipment should also be reported. De minimis  thresholds should be set 
to avoid di sproportionate adminis trative burden, in particular for small and medium -
sized enterprises and micro -enterprises where it does not result in non -compliance 
with the Protocol.  
(25) To ensure that reports on substantial quantities of substances are accurate  and that the 
quantities of HFCs contained in pre -charged equipment are accounted for under the 
Union quota system, third party verification should be required.  
(26) The use of consistent, high -quality data to report on fluorinated greenhouse gas 
emission s is essential to ensuring the quality of emissions reporting under the United 
Nations Framework Convention on Climate Change. The establishment of reporting 
systems by Member States of emissions of fluorinated greenhouse gases would 
provide coherence with  Regulation (EU) 2018/1999 of the European Parliament and of 
the Council33. Data on leakage of fluorinated greenhouse gases from equipment 
collected by companies under this Regulation could significantly improve those 
emission reporting systems. In that way , it should lead to a better estimation of 
emissions of fluorinated greenhouse gases in the national greenhouse gases 
inventories.  
(27) In order to facilitate customs controls, it is important to specify the information to be 
submitted to customs authoriti es in cases of imports and exports of the gases and 
products covered by this Regulation, as well as the tasks for customs authorities when 
implementing the prohibitions and restrictions to imports and exports of those 
substances and the products and equipm ent covered by this Regulation.  
(28) Competent authorities of Member States should take all necessary measures, including 
confiscation and seizure, in order to prevent the unlawful entry or exit into and from 
the Union of gases and products covered by thi s Regulation. The re -export of illegally 
imported products covered by this Regulation should be prohibited in any event.  
(29) Member States should ensure that customs authorities carrying out controls under this 
Regulation have the appropriate resources an d knowledge, for example via training 
made available to them, and are sufficiently equipped in view of addressing cases of 
illegal trade of the gases and products and equipment covered by this Regulation. 
Member States should designate those customs office s that meet those conditions and 
are therefore mandated to carry out customs controls on imports, exports and in cases 
of transit.  
                                                 
32 Regulation (EU) No …/… of the European Parliament and of the Council establishing the European 
Union Single Window Environment for Customs and amending Regulation (EU) No 952/2013 OJ C , ,  
p.  [full reference to be inserted once that Regulation has been adopted]  
33 Regulation (EU) 2018/1999 of the European Parliament and of the Council of 11 December 2018 on the 
Governance of the Energy Union and Climate Action (OJ L 328, 21.12.2018, p. 1).   EN 6  EN (30) Cooperation and exchange of the necessary information between all competent 
authorities involved in the implementation o f this Regulation, namely customs 
authorities, market surveillance authorities, environmental authorities and any other 
competent authorities with inspection functions, amongst Member States and with the 
Commission, is extremely important for tackling infr ingements of this Regulation, 
notably illegal trade. Due to the confidential nature of the exchange of customs risk -
related information, the Customs Risk Management System should be used for that 
purpose.   
(31) In carrying out the tasks assigned to it by this Regulation, and in view of promoting 
cooperation and adequate exchange of information between competent authorities and 
the Commission in cases of compliance checks and illegal trade in fluorinated 
greenhouse gases, the Commission should be assisted b y the European Anti -Fraud 
Office (OLAF). OLAF should have access to all necessary information to facilitate the 
performance of its tasks.  
(32) The import and export of HFCs as well as products and equipment containing  HFCs  or 
whose functioning relies upon  those  gases from and to a State not party to the Protocol 
should be prohibited as from 2028. The parallel prohibition envisaged under the 
Protocol as from 2033 has thus been advanced, to ensure that the global HFC 
reduction measures of the Kigali Amendmen t provide the envisaged benefit to the 
climate as soon as possible.  
(33) Member States should lay down rules on penalties applicable to infringements of the 
provisions of this Regulation and ensure that they are implemented. Those penalties 
should be effec tive, proportionate and dissuasive.  
(34) It is also necessary to provide for administrative penalties of such a level and type that 
truly deter violations of this Regulations.  
(35) Serious infringements of this Regulation  should also be prosecuted under criminal law, 
in accordance with Directive 2008/99/EC of the European Parliament and of the 
Council.34 
(36) Competent authorities of the Member States, including their environmental authorities, 
market surveillance and customs authorities, should carry out checks, on a risk -based 
approach, in order to ensure compliance with all provisions of this Regulation. Such 
approach is necessary in order to target the activities representing the highest risk of 
illegal trade or unlawful release of fluorinated greenhous e gases covered by this 
Regulation. In addition, competent authorities should carry out checks when in 
possession of evidence or other relevant information on potential cases of non -
compliance. Where relevant and to the extent possible, such information sh ould be 
communicated to customs authorities in order to proceed to a risk analysis prior to 
controls, in accordance with Article 47 of Regulation (EU) 952/2013 of the European 
Parliament and of the Council.35 It is important to ensure that competent authori ties 
responsible for following up the issuing of penalties are informed when cases of 
infringements of this Regulation have been established by other competent authorities.  
(37) Whistle -blowers can bring new information to the attention of competent author ities 
which may help the competent authorities detect infringements of this Regulation and 
                                                 
34 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).  
35 Regulation (EU) No  952/2013 of the European Parliament and of the Council of  9 October  2013 laying down 
the Union Customs Code ( OJ L 269, 10.10.2013, p.  1). EN 7  EN enable them to impose penalties. It should be ensured that adequate arrangements are 
in place to enable whistle -blowers to alert the competent authorities to actual or 
potential infringements of this Regulation and to protect the whistle -blowers from 
retaliation. For that purpose, it should be provided in this Regulation that Directive 
(EU) 2019/1937 of the European Parliament and of the Council36 is applicable to the 
reporting of breaches of this Regulation and to the protection of persons reporting such 
breaches.  
(38) To enhance legal certainty, the applicability, pursuant to this Regulation, of Directive 
(EU) 2019/1937 to reports of breaches of this Regulation and to  the protection of 
persons reporting such breaches should be reflected in Directive (EU) 2019/1937. The 
Annex to Directive (EU) 2019/1937 should therefore be amended accordingly. It is for 
the Member States to ensure that that amendment is reflected in the ir transposition 
measures adopted in accordance with the Directive, although neither the amendment 
nor the adaptation of national transposition measures are a condition for the 
applicability of Directive (EU) 2019/1937 to the reporting of breaches of this 
Regulation and to the protection of reporting persons.  
(39) In implementing this Regulation, the Commission should establish a so -called 
Consultation Forum to ensure a balanced participation of Member States’ 
representatives and representatives of civil so ciety, including environmental 
organisations, representatives of manufacturers, operators and certified persons.  
(40) In order to ensure uniform conditions for the implementation of this Regulation, 
implementing powers should be conferred on the Commissio n as regards evidence to 
be provided on the destruction or recovery of trifluoromethane by -production during 
the manufacturing of other fluorinated substances; requirements for leak checks; the 
format of the records, their establishment and maintenance; mi nimum requirements for 
certification programmes and training attestations; the format of the notification of 
certification and training programmes; exemptions for products and equipment falling 
under a placing on the market prohibition; the format of label s; the determination of 
production rights for producers of HFCs; exemptions from the quota requirement for 
HFCs for use in specific applications, or specific categories of products or equipment; 
the determination of reference values for producers and impor ters for the placing on 
the market of HFCs; the modalities and detailed arrangements for the payment of the 
amount due; the detailed arrangements for the declaration of conformity for pre -
charged equipment and their verification as well as for the accredit ation of verifiers ; 
the smooth functioning of the registry; the authorisation of trade with entities not 
covered by the Protocol; the details of the verification of reporting and of the 
accreditation of verifiers and the format for submitting reports. Thos e powers should 
be exercised in accordance with Regulation (EU) No 182/2011 of the European 
Parliament and of the Council.37 
(41) In order to amend certain non -essential elements of this Regulation, the power to adopt 
acts in accordance with Article 290 of the Treaty on the Functioning of the European 
Union (‘TFEU’) should be delegated to the Commission in respect of the 
establishment of a list of products and equipment for which the recovery of gases or 
their destruction is technically and economically feas ible and the specification of the 
                                                 
36 Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 Octobe r 2019 on the 
protection of persons who report breaches of Union law (OJ L 305, 26.11.2019, p. 17).  
37 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 
laying down the rules and general principles concerning mech anisms for control by Member States of 
the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p 13).  EN 8  EN technologies to be applied; labelling requirements; the exclusion from quota 
requirements of HFCs in accordance with decisions of the Parties to the Protocol; 
concerning the amounts due for the allocation of quota and the mechanism to allocate 
remaining quotas;  additional measures for the monitoring of substances and of 
products and equipment placed under temporary storage and customs procedures; the 
rules applicable to the release for free circulation of products and equip ment imported 
from and exported to any entity not covered by the Protocol; the update of global 
warming potentials of listed substances.  It is of particular importance that the 
Commission carry out appropriate consultations during its preparatory work, inc luding 
at expert level  and that those consultations be conducted in accordance with the 
principles laid down in the Inter -institutional Agreement of 13 April 2016 on Better 
Law-Making38. In particular, to ensure equal participation in the preparation of 
delegated acts, the European Parliament and the Council receive all documents at the 
same time as Member States' experts, and their experts systematically have access to 
meetings of Commission expert groups dealing with the preparation of delegated acts.  
(42) The protection of individuals with regard to the processing of personal data by the 
Member States is governed by Regulation (EU) 2016/679 of the European Parliament 
and of the Council39 and the protection of individuals with regard to the processing of 
personal data by the Commission is governed by Regulation (EU) 2018/1725 of the 
European Parliament and of the Council40 in particular as regards the requirements of 
confidentiality and security of processing, the transfer of personal data from the 
Commission  to the Member States, the lawfulness of processing, and the rights of data 
subjects to information, access to and rectification of their personal data.  
(43) The European Data Protection Supervisor was consulted in accordance with Article 
42(1) of Regulation (EU) 2018/1725 of the European Parliament and of the Council 
and delivered an opinion on [ date of delivery of the opinion ]. 
(44) Since the objectives of this Regulation cannot be sufficiently achieved by the Member 
States but can rather, by reas on of the transboundary nature of the environmental 
problem addressed and the effects of this Regulation on the intra -Union and external 
trade, be better achieved at Union level, the Union may adopt measures, in accordance 
with the principle of subsidiarit y as set out in Article 5 of the Treaty on European 
Union. In accordance with the principle of proportionality, as set out in that Article, 
this Regulation does not go beyond what is necessary in order to achieve those 
objectives.  
(45) A number of amendmen ts are to be made to Regulation (EU) No 517/2014. In the 
interests of clarity, that Regulation should be repealed and replaced.  
(46) In view of the yearly quota allocation and reporting process set out in this Regulation, 
it is appropriate that this Regula tion applies as from 1 January [ OP please insert the 
year following the year of the date of ent ry into force of this Regulation ], 
                                                 
38 OJ L 123, 12.5.2016, p. 1.  
39 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the 
protection of natural persons with regard to the processing of personal data and on the free movement of 
such data, and repealing Directive 95/46/EC (OJ L 119, 4.5.2016, p. 1).  
40 Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the 
protection of natural persons with regard to the processing of personal data by the Union institutions, 
bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 
45/2001 and Decision No 1247/2002/EC (OJ L 2 95, 21.11.2018, p. 39).  EN 9  EN HAVE ADOPTED THIS REGULATION:  
CHAPTER I  
GENERAL PROVISIONS  
 
Article 1  
Subject -matter  
This Regulation:  
(a) lays down  rules on containment, use, recovery and destruction of fluorinated 
greenhouse gases and on related ancillary measures, and facilitates the safe use of 
alternative substances;  
(b) imposes conditions on the import, export, placing on the market, further sup ply and 
use of fluorinated greenhouse gases and specific products and equipment containing  
fluorinated greenhouse gases  or whose functioning relies upon  those  gases;  
(c) imposes conditions on specific uses of fluorinated greenhouse gases;  
(d) establishes quantitative limits for the placing of hydrofluorocarbons on the market;  
(e) establishes rules on reporting.  
Article 2  
Scope  
1. This Regulation applies to the fluorinated greenhouse gases  listed in Annexes I, II 
and II, whether alone or in a m ixture.  
2. This Regulation also applies to 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:  
(1) ‘global warming potential’ or ‘GWP’ means the climatic warming potential of a 
greenhouse gas relative to that of carbon dioxide (‘CO 2’), calculated in terms of the 
100-year warming potential , unless specified otherwise,  of one kilogram of a 
greenhouse gas relative to one kilogram of CO 2, as set out in Annexes I, II, III and 
VI or in the case of mixtures, calculated in accordance with Annex VI;  
(2) ‘mixture’ means a fluid composed of two or more substances, at least one of which is 
a substance l isted in Annex es I, II or III;  
(3) 'tonne(s) of CO 2 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;  
(4) ‘hydrofluorocarbons’ or ‘HFCs’ means the substances listed in Annex I, Section 1, or 
mixtures containing any of those substances;  EN 10  EN (5) ‘operator‘ means the undertaking exercising actual power over the technical 
functioning of products and equipment covered by this Regulation or the owner  
where designated by a Member State as being responsible for the operator’s 
obligations in specific cases;  
(6) ‘placing on the market’ means the supplying or making available to another person 
within the Union, for the first time, for payment or free of ch arge, the customs 
release for free circulation in the Union, and the use of substances produced or the 
use of products or equipment manufactured for own use;  
(7) ‘import’ means the entry of substances, products and equipment covered by this 
Regulation int o the customs territory of the Union as far as the territory is covered by 
a ratification of the 1987 Montreal Protocol on Substances that Deplete the Ozone 
Layer and includes temporary storage and the customs procedures referred to in 
Articles 201 and 210  of Regulation (EU) 952/2013;  
(8) ‘export’ means the exit from 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, of substances, products and  equipment;  
(9) ‘hermetically sealed equipment’ means equipment in which all fluorinated 
greenhouse gas containing parts are made tight during its manufacturing process at 
the premises of the manufacturer by welding, brazing or a similar permanent 
connecti on, which may include capped valves or capped service ports that allow 
proper repair or disposal;  
(10) ‘container’ means a product which is designed primarily for transporting or storing 
fluorinated greenhouse gases;  
(11) 'recovery’ means the collection and storage of fluorinated greenhouse gases from 
products, including containers, and equipment during maintenance or servicing or 
prior to the disposal of the products or equipment;  
(12) ‘recycling’ means the reuse of a recovered fluorinated greenhouse gas following a 
basic cleaning process, including  filtering and drying ; 
(13) ‘reclamation’ means the reprocessing of a recovered fluorinated greenhouse gas in 
order to match the equivalent performance of a virgin substance,  taking into account 
its intended use;  
(14) ‘destruction’ means the process of permanently transforming or decomposing 
completely, to the extent possible, a fluorinated greenhouse gas into one or more 
stable substances that are not fluorinated greenhouse g ases;  
(15) ‘decommissioning’ means the removal from operation or usage of a product or 
equipment, containing fluorinated greenhouse gases, including the final shut -down of 
an installation;  
(16) ‘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;  
(17) ‘installation’ means 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;  EN 11  EN (18) ‘maintenance or servicing’ means a ll activities, excluding recovery in accordance 
with Article 8 and leak checks in accordance with Article 4 and Article 10(1), point 
(b), of this Regulation, that entails opening the circuits 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;  
(19) ‘virgin substances’ means substance which have not previ ously been used;  
(20) 'stationary’ means not normally in transit during operation and includes moveable 
room air -conditioning appliances;  
(21) ‘mobile’ means normally in transit during operation;  
(22) ‘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;  
(23) ‘refrigerated truck’ means a motor vehicle with a mass of more than 3,5 tonnes that 
is designed and constructed prima rily to carry goods and that is equipped with a 
refrigeration unit;  
(24) ‘refrigerated trailer’ means a vehicle that is designed and constructed to be towed by 
a truck or a tractor, primarily to carry goods and that is equipped with a refrigeration 
unit;  
(25) ‘leakage detection system’ means a calibrated mechanical, electrical or electronic 
device for detecting leakage of fluorinated greenhouse gases which, on detection, 
alerts the operator;  
(26) ‘undertaking’ means any natural or legal person which carri es out an activity referred 
to in this Regulation ; 
(27) ‘feedstock’ means any fluorinated greenhouse gas listed in Annexes I and II, that 
undergoes chemical transformation in a process in which it is entirely converted from 
its original composition and emi ssions are insignificant;  
(28) ‘commercial use’ means use for the storage, display or dispensing of products, for 
sale to end users, in retail and food services;  
(29) ‘fire protection equipment’ means the equipment and systems utilised in fire 
prevention or suppression applications and includes fire extinguishers;  
(30) ‘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;  
(31) ‘military equ ipment’ mean 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;  
(32) ‘electrical switchgear’ means switching devices and their combin ation 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 
gener ation, transmission, distribution and conversion of electric energy;  
(33) ‘multipack centralised refrigeration systems’ means systems with two or more 
compressors operated in parallel, which are connected to one or more common EN 12  EN condensers and to a number o f cooling devices such as display cases, cabinets and 
freezers, or to chilled store rooms;  
(34) ‘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;  
(35) ‘use’ means the utilisation of fluorinated greenhouse gases in the production, 
maintenance or servicing, including refilling, of products and equipment, or in other 
activitie s referred to in this Regulation;  
(36) ‘establishment within the Union’ means for a natural person to have his or her 
habitual residence in the Union and for a legal person to have in the Union a 
permanent business establishment as referred to in Article 5(32) of Regulation (EU) 
No 952/2013 in the Union.  
CHAPTER II  
CONTAINMENT  
Article 4  
Prevention of emissions  
1. The intentional release into the atmosphere of fluorinated greenhouse gases listed in 
Annexes I and II shall be prohibited where the release is not technically necessary for 
the intended use.  
2. Operators and manufacturers of equipment and installations t hat contain fluorinated 
greenhouse gases listed in Annexes I or II, as well as undertakings in possession of 
such equipment during its transport or storage, shall take all necessary precautions to 
prevent the unintentional release of any such gases. They shall take all measures that 
are technically and economically feasible to minimise leakage of the gases.  
3. During the production, storage, transport, and transfer from one container  or system 
to another or to an equipment or installation, of fluorinated greenhouse gases listed in 
Annexes I and II, the undertaking shall take all necessary precautions to limit release  
of fluorinated greenhouse gases listed in Annexes I and II to the gr eatest extent 
possible. This paragraph also applies where fluorinated greenhouse gases listed in 
Annexes I and II are produced as by -products.  
4. Where a leakage of fluorinated greenhouse gases listed in Annex I or II is detected, 
the operators, manufactu rers of equipment and installations and the undertakings in 
possession of the equipment during its transport, or storage, shall ensure that the 
equipment or installation is repaired without undue delay.  
Where the equipment is subject to leak checks under Article 5(1), and a leak in the 
equipment has been repaired, the operators shall ensure that the equipment is 
checked by a natural person certified in accordance with Article 10 within one month 
after the repair to verify that the repair has been effective . 
5. Without prejudice to Article 11(1), first subparagraph, the placing on the market of 
fluorinated greenhouse gases shall be prohibited, unless producers or importers 
provide evidence to the competent authority at the time of such placing, that any 
trifluoromethane, produced as a by -product during the manufacturing process, EN 13  EN including during the manufacturing of feedstock for their production, has been 
destroyed or recovered for subsequent use, using best available techniques.  
For the purpose of providing that evidence, importers and producers shall draw up a 
declaration of conformity and join supporting documentation on the production 
facility and the mitigation measures adopted to prevent emissions of 
trifluoromethane. Producers and importers sh all keep the declaration of conformity 
and supporting documentation for a period of at least five years after the placing on 
the market  and make them available, upon request , to national competent  authorities 
and 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 th e second  subparagraph. Those implementing acts shall be adopted in 
accordance with Article 34(2).  
6. Natural persons carrying out the tasks referred to in Article 10(1), points (a) to (c), 
shall be certified in accordance with Article 10 and shall take precautionary measures 
to prevent leakage of fluorinated greenhouse gases listed in Annexes I and II.  
Undertakings carrying out the installation, servicing, maintenance, repair or 
decommissioning of the equipment listed in Article 5(2), points (a) to (f), shall be 
certified in accordance with Article 10 and shall take precautionary measures to 
prevent leakage  of fluorinated greenhouse gases listed in Annexes I and II.  
Article 5  
Leak checks  
1. Operators of equipment that contains 5 tonnes of CO 2 equivalent or more of 
fluorinated greenhouse gases listed in Annex I or 1 kilogram or more of fluorinated 
greenhouse gases listed in Annex II, Section I, not contained in foams, shall ensure 
that the equipment is checked for leaks.  
Hermetically sealed equ ipment that contains less than 10 tonnes of CO 2 equivalent of 
fluorinated greenhouse gases listed in Annex I or 2 kilograms of fluorinated 
greenhouse gases listed in Annex II, Section I, shall not be checked for leaks, 
provided the equipment is labelled as  hermetically sealed and its connected parts 
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.  
Electrical switchgear shall not be checked for leaks provided it complies with one of 
the following conditions:  
(a) 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;  
(b) it is equipped with a pressure or density monitoring device;  
(c) it contains less than 6 kilograms of fluorinated greenhouse gases listed in 
Annex I.  
2. Paragraph 1 applies to operators of the following equipment that contains fluorinated 
greenhouse gases listed in Annex I or in Annex II, Section I:  
(a) stationary refrige ration equipment;  
(b) stationary air -conditioning equipment;  EN 14  EN (c) stationary heat pumps;  
(d) stationary fire protection equipment;  
(e) refrigeration units of refrigerated trucks and trailers;  
(f) organic Rankine cycles.  
(g) electrical switchgear.  
As regards  the equipment referred to in the first subparagraph, points (a) to (f), the 
checks shall be carried out by natural persons certified in accordance with the rules 
provided for in Article 10.  
3. The leak checks referred to in paragraph 1 shall be carried ou t with the following 
frequency:  
(a) for equipment that contains less than 50 tonnes of CO 2 equivalent of 
fluorinated greenhouse gases listed in Annex I or less than 10 kilograms of 
fluorinated greenhouse gases listed in Annex II, Section I: at least every 12 
months; or where a leakage detection system is installed, at least every 24 
months;  
(b) for equipment that contains 50 tonnes of CO 2 equivalent or more, but less than 
500 tonnes of CO 2 equivalent of fluorinated greenhouse gases listed in Annex I 
or betw een 10 to 100 kilograms of fluorinated greenhouse gases listed in 
Annex II, Section I : at least every six months or, where a leakage detection 
system is installed, at least every 12 months;  
(c) for equipment that contains 500 tonnes of CO 2 equivalent or m ore of 
fluorinated greenhouse gases listed in Annex I or more than 100 kilograms of 
fluorinated greenhouse gases listed in Annex II, Section I: at least every three 
months or, where a leakage detection system is installed, at least every six 
months.  
4. The obligations set out in paragraph 1 for fire protection equipment as referred to in 
paragraph 2, point (d), shall be considered to be fulfilled provided the following two 
conditions are met:  
(a) the existing inspection regime meets ISO 14520 or EN 15004 st andards; and  
(b) the fire protection equipment is inspected as often as is required under 
paragraph 3.  
5. The Commission may, by means of implementing acts, specify requirements for the 
leak checks to be carried out in accordance with paragraph 1 for each type of 
equipment referred to in paragraph 2 and identify those parts of the equipment most 
likely to leak. Those implementing acts shall be adopted in accordance with the 
examination procedure referred to in Article 34(2).  
Article 6  
Leakage detection syst ems 
1. Operators of the equipment listed in Article 5(2), points (a) to (d), and containing 
fluorinated greenhouse gases listed in Annex I in quantities of 500 tonnes of CO 2 
equivalent or more, shall ensure that the equipment is provided with a leakage 
detection system which alerts the operator or a service company of any leakage.  EN 15  EN 2. Operators of the equipment listed in Article 5(2), points (f) and (g), and containing 
fluorin ated greenhouse gases listed in Annex I in quantities of 500 tonnes of CO 2 
equivalent or more and installed from 1 January 2017, shall ensure that equipment is 
provided with a leakage detection system which alerts the operator or a service 
company of any l eakage.  
3. Operators of the equipment listed in Article 5(2), points (a) to (d) and (f), that is 
subject to paragraphs 1 or 2 shall ensure that leakage detection systems are checked 
at least once every twelve months to ensure their proper functioning.  
4. Operators of the equipment listed in Article 5(2), point (g), that is subject to 
paragraph 2 shall ensure that leakage detection systems are checked at least once 
every six years to ensure their proper functioning.  
Article 7  
Record keeping  
1. Operators of e quipment which is required to be checked for leaks pursuant to Article 
5(1), shall establish and maintain records for each piece of such equipment 
specifying the following information:  
(a) the quantity and type of gases installed;  
(b) the quantities of gas es added during installation, maintenance or servicing or 
due to leakage;  
(c) whether the quantities of gases have been recycled or reclaimed, including the 
name and address in the Union of the recycling or reclamation facility and, 
where applicable, the certificate number;  
(d) the quantity of gases recovered;  
(e) the identity of the undertaking which installed, serviced, maintained and where 
applicable repaired or decommissioned the equipment, including, where 
applicable, the number of its certificate;  
(f) the dates and results of the checks carried out under Article 5(1), (2) and  (3), as 
well as the dates and results of any leak repairs;  
(g) if the equipment was decommissioned, the measures taken to recover and 
dispose of the gases.  
2. Unless the records referred to in paragraph 1 are stored in a database set up by the 
competent a uthorities of the Member States the following rules apply:  
(a) the operators referred to in paragraph 1 shall keep the records referred to in that 
paragraph for at least five years;  
(b) undertakings carrying out the activities referred to in paragraph 1, p oint (e), for 
operators shall keep copies of the records referred to in paragraph 1 for at least 
five years.  
The records referred to in paragraph 1 shall be made available, on request, to the 
competent authority of the Member State concerned and to the Co mmission.  
3. For the purpose of Article 11(5), undertakings supplying fluorinated greenhouse 
gases listed in Annex I and Annex II, Section 1, shall establish records of relevant EN 16  EN information on the purchasers of these fluorinated greenhouse gases including  the 
following details:  
(a) the numbers of certificates of the purchasers;  
(b) the respective quantities of those gases purchased.  
The undertakings supplying those gases shall maintain those records for at least five 
years.  
The undertakings supplying the se gases shall make such records available, on 
request, to the competent authority of the Member State concerned and to the 
Commission.  
4. The Commission may, by means of an implementing act, determine the format of the 
records referred to in paragraphs 1  and 3 and specify how they should be established 
and maintained. That implementing act shall be adopted in accordance with the 
examination procedure referred to in Article 34(2).  
Article 8  
Recovery and destruction  
1. Operators of stationary equipment or of refrigeration units of refrigerated trucks and 
trailers that contain fluorinated greenhouse gases listed in Annex I and Annex II, 
Section 1, not contained in foams, shall ensure that the recovery of those gases is 
carried out by natural persons that hol d the relevant certificates provided for in 
Article 10, so and that those gases are recycled, reclaimed or destroyed.  
This obligation applies to operators of any of the following equipment:  
(a) the cooling circuits of stationary refrigeration, stationary a ir-conditioning and 
stationary heat pump equipment;  
(b) the cooling circuits of refrigeration units of refrigerated trucks and trailers;  
(c) stationary equipment that contains fluorinated greenhouse gas -based solvents;  
(d) stationary fire protection equipm ent; 
(e) stationary electrical switchgear.  
2. Any recovered fluorinated greenhouse gases listed in Annex I and Annex II, Section 
1, shall not be used for filling or refilling equipment unless the gas has been recycled 
or reclaimed.  
3. The undertaking that  uses a container with fluorinated greenhouse gases listed in 
Annex I and Annex II, Section 1, shall immediately prior to its disposal arrange for 
the recovery of any residual gases to make sure they are recycled, reclaimed or 
destroyed.  
4. As from 1 Janua ry 2024, building owners and contractors  shall ensure that during 
renovation, refurbishing or demolition activities implying the removal of metal -faced 
panels that contain  foams with fluorinated greenhouse gases listed in Annex I and 
Annex II, Section 1, t he emissions are avoided to the extent possible by recovery for 
reuse or destruction of the foams and the gases contained therein. The recovery shall 
be carried out by appropriately qualified natural persons.  
5. As from 1 January 2024, building owners and contractors shall ensure that during 
renovation, refurbishing or demolition activities implying the removal of foams in EN 17  EN laminated boards installed in cavities or built -up structures that contain fluorinated 
green house gases listed in Annex I and Annex II, Section 1, the emissions are 
avoided to the extent possible by recovery for reuse or destruction of the foams and 
the gases contained therein . The recovery shall be carried out by appropriately 
qualified natural persons.  
Where recovery of the foams referred to in the first subparagraph is not technically 
feasible, the building owner or  contractor shall draw up  documentation providing 
evidence for the infeasibility of the recovery in the specific case. Such 
documen tation shall be retained for five years and shall be made available, on 
request, to the competent authorities of a Member State and to the Commission.   
6. Operators of products and equipment not listed in paragraphs 1, 6 and 7 that contain 
fluorinated gree nhouse gases listed in Annex I and Annex II, Section 1, shall arrange 
for the recovery of the gases, unless it can be established that it is not technically 
feasible or entails disproportionate costs. The operators shall ensure that the recovery 
is carried  out by appropriately qualified natural persons, so that the gases are 
recycled, reclaimed or destroyed or shall arrange for their destruction without prior 
recovery.  
The recovery of fluorinated greenhouse gases listed in Annex I and Annex II, Section 
1, from air -conditioning equipment in road vehicles outside the scope of Directive 
2006/40/EC of the European Parliament and of the Council41 shall be carried out by 
appropriately qualified natural persons.  
For the recovery of fluorinated greenhouse gases lis ted in Annex I and Annex II, 
Section 1, from air -conditioning equipment in motor vehicles falling within the scope 
of Directive 2006/40/EC only natural persons holding at least a training attestation in 
accordance with Article 10(2) shall be considered app ropriately qualified.  
7. Fluorinated greenhouse gases listed in Annex I, Section 1, and products containing 
such gases shall only be destroyed by technologies approved by the Parties to the 
1987 Montreal Protocol on Substances that Deplete the Ozone Layer (‘the Protocol’) 
or by technologies not yet approved, but are environmentally equivalent and comply 
with Union and national legislation on waste and with additional requirements under 
such legislation.  
Other f luorinated greenhouse gases  for which destructi on technologies have not been 
approved, shall only be destroyed by the most environmentally acceptable 
destruction technology not entailing excessive costs, and that comply with Union and 
national legislation on waste and that additional requirements under  such legislation 
are met.  
8. The Commission is empowered to adopt delegated acts in accordance with  Article 32 
to supplement this Regulation by establishing a list of products and equipment for 
which the recovery of fluorinated greenhouse gases listed in  Annex I and Annex II, 
Section 1, or destruction of products and equipment containing such gases without 
prior recovery of these gases shall be considered technically and economically 
feasible, specifying, if appropriate, the technologies to be applied.  
9. Member States shall promote the recovery, recycling, reclamation and destruction of 
fluorinated greenhouse gases listed in Annex I and Annex II, Section 1 .  
                                                 
41 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).   EN 18  EN Article 9  
Producer responsibility schemes  
Without prejudice to existing Union legislation, Member  States shall encourage the 
development of producer responsi bility schemes for the recovery of fluorinated greenhouse 
gases listed in Annexes I and II and their recycling, reclamation or destruction.  
Member States shall inform the Commission on the action s undertaken.  
Article 10  
Certification and training  
1. Member States shall, on the basis of the minimum requirements referred to in 
paragraph 5, establish or adapt certification programmes, including evaluation 
processes, and ensure that training on practical skills and theoretical knowledge is 
available for n atural persons carrying out the following tasks involving fluorinated 
greenhouse gases listed in Annex I and Annex II, Section 1 and other relevant 
alternatives to fluorinated greenhouse gases:  
(a) installation, servicing, maintenance, repair or decommiss ioning of the 
equipment listed in Article 5(2), points (a) to (g);  
(b) leak checks of the equipment referred to Article 5(2), points (a) to (f), as 
provided for in Article 5(1);  
(c) recovery as provided for in Article 8(1).  
2. Member States shall ensure th at training programmes for natural persons recovering 
fluorinated greenhouse gases listed in Annex I and Annex II, Section I from air -
conditioning equipment in motor vehicles falling within the scope of Directive 
2006/40/EC of the European Parliament and o f the Council42 are available, pursuant 
to paragraph 5.  
3. The certification programmes and training provided for in paragraphs 1 and 2 shall 
cover the following,   
(a) applicable regulations and technical standards;  
(b) emission prevention;  
(c) recovery o f fluorinated greenhouse gases listed in Annex I and Annex II, 
Section 1;  
(d) safe handling of equipment of the type and size covered by the certificate; and  
(e) energy efficiency aspects.  
4. Certificates under the certification programmes referred to in paragraph 1 shall be 
subject to the condition that the applicant has successfully completed an evaluation 
process established in accordance with paragraphs 1, 3 and 5.  
5. The Commission shall,  by means of implementing acts, establish the minimum 
requirements for certification programmes and training attestations. Those minimum 
requirements shall specify, for each type of equipment referred to in paragraphs 1 
                                                 
42 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).  EN 19  EN and 2, the required practical skills  and theoretical knowledge, where appropriate, 
differentiating between different activities to be covered, the modalities of the 
certification or attestation as well as the conditions for mutual recognition of 
certificates and training attestations. Those implementing acts shall be adopted in 
accordance with the examination procedure referred to in Article 34(2).  
6. Member States shall establish or adapt certification programmes on the basis of the 
minimum requirements referred to in paragraph 5 for undert akings carrying out 
installation, servicing, maintenance, repair or decommissioning of the equipment 
listed in Article 5(2), points (a) to (f), containing fluorinated greenhouse gases listed 
in Annex I and Annex II, Section I, and other relevant alternativ es to fluorinated 
greenhouse gases for other parties.  
7. Existing certificates and training attestations issued in accordance with Regulation 
(EU) No 517/2014 shall remain valid, in accordance with the conditions under which 
they were originally issued.  
8. By 1 January [ OP, please insert the date =  one year following the entry into force of 
this Regulation ] Member States shall notify the Commission of certification and 
training programmes.  
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.  
9. The Commission may, by means of implementing acts, determine the format of the 
notification referred to in paragraph 8. Those implementing acts shall be adopted in 
accordance with the examination procedure referred to in Article 34(2).  
10. Any undertaking which assigns a task referred to in paragraph 1 to another 
undertaking shall take reasonable steps to ascertain that the latter holds the necessary 
certificates for the required tasks referred to in paragraph 1.  
11. Where the ob ligations under this Article relating to the provision of certification and 
training would impose disproportionate burdens on a Member State because of the 
small size of its population and the consequent lack of demand for such training and 
certification, compliance may be achieved through the recognition of certificates 
issued in other Member States.  
Member States applying this paragraph shall inform the Commission who shall 
inform other Member States.  
12. This Article shall not prevent Member States from  setting up further certification and 
training programmes in respect of equipment other than that referred to in paragraph 
1.  EN 20  EN CHAPTER III  
RESTRICTIONS AND CONTROL OF USE  
Article 11  
Restrictions on placing on the market and sale  
1. The placing on the market of products and equipment, including parts thereof, listed 
in Annex IV, with an exemption for military equipment, shall be prohibited from the 
date specified in that Annex, differentiating, where applicable, according to the type 
or global warming potential of the gas contained.  
Products and equipment unlawfully placed on the market after the date referred to in 
the first subparagraph, shall not be subsequently used or supplied, or made available 
to other persons within the Union for payment or free of charge or exported.  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.  
Two years following the individual dates listed in Annex IV, the subsequent supply 
or making available to another party 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 the date.   
2. The prohibition set out in paragraph 1, first subparagraph, shall not apply to 
equipment for which it ha s been established in ecodesign requirements adopted under 
Directive 2009/125/EC that due to higher energy efficiency during its operation, its 
lifecycle CO 2 equivalent emissions would be lower than those of equivalent 
equipment which meets relevant ecodes ign requirements.  
3. In addition to the placing on the market prohibition set out in Annex IV, point 1, the 
import, placing on the market, any subsequent supply, or making available to other 
persons within the Union for payment or free of charge, use or e xport of non -
refillable containers for fluorinated greenhouse gases listed in Annex I and Annex II, 
Section 1, empty or fully or partially filled shall be prohibited . Such containers may 
only be stored or transported for subsequent disposal . This prohibiti on does not apply 
to containers for laboratory or analytical uses.  
The paragraph applies to : 
(a) containers which cannot be refilled without being adapted for that purpose  
(non-refillable); and  
(b)  containers that could be refilled but are imported or placed on the market 
without provision having been made for their return for refilling . 
4. Following a substantiated request by a competent authority of a Member State and 
taking into account the objectives of this Regulation, the Commission may, 
exception ally, by means of implementing acts, authorise an exemption for up to four 
years to allow the placing on the market of products and equipment listed in Annex 
IV, including parts thereof, containing  fluorinated greenhouse gases  or whose 
functioning relies u pon those  gases, where it is demonstrated that:  EN 21  EN (a) 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  
(b) the use of te chnically 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).  
5. Only undertakings that hold a certificate required under Article 10(1), point (a) or the 
training attestation required under Article 10(2), or undertakings that employ persons 
holding such a certificate or a training attestation shall be allowed to purchas e 
fluorinated greenhouse gases listed in Annex I or Annex II, Section 1, for the 
purpose of carrying out the installation, servicing, maintenance or repair of the 
equipment containing those  gases, or whose functioning relies upon those  gases, 
referred to i n Article 5(2), points (a) to (g), and Article 10(2).  
This paragraph shall not prevent non -certified undertakings, who do not carry out 
such activities, from collecting, transporting or delivering fluorinated greenhouse 
gases listed in Annex I and Annex I I, Section 1.  
6. Non-hermetically sealed equipment charged with fluorinated greenhouse gases listed 
in Annex I and Annex II, Section 1 may only be sold to an end user where evidence 
is provided that the installation is to be carried out by an undertaking c ertified in 
accordance with Article 10.  
Article 12  
Labelling and product and equipment information  
1. The following products and equipment that contain  fluorinated greenhouse gases  or 
whose functioning relies upon those  gases listed in Annexes I and II, may only be 
placed on the market if they are labelled:  
(a) refrigeration equipment;  
(b) air-conditioning equipment;  
(c) heat pumps;  
(d) fire protection equipment;  
(e) electrical switchgear;  
(f) aerosol dispenser that con tain fluorinated greenhouse gases, including metered 
dose inhalers;  
(g) all fluorinated greenhouse gas containers;  
(h) fluorinated greenhouse gas -based solvents;  
(i) organic Rankine cycles.  
2. Products or equipment subject to an exemption as referred to in Article 11 (4) shall 
be labelled accordingly and shall include a reference that those products or 
equipment may only be used for the purpose for which an exemption under that 
Article was granted.  
3. The label required pursuant to paragraph 1 shall indic ate the following information:  EN 22  EN (a) an indication that the product or equipment contains fluorinated greenhouse 
gases or that its functioning relies upon those  gases;  
(b) the accepted industry designation for the fluorinated greenhouse gases 
concerned or, i f no such designation is available, the chemical name;  
(c) from 1 January 2017, the quantity expressed in weight and in CO 2 equivalent 
of fluorinated greenhouse gases contained in the product or equipment, or the 
quantity of fluorinated greenhouse gases fo r which the equipment is designed, 
and the global warming potential of those gases.  
The label shall indicate the following information, where applicable:  
(a) a reference that the fluorinated greenhouse gases are contained in hermetically 
sealed equipment;  
(b) 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.  
4. The label required pursuant to paragraph 1 shall be clearly legible and indelible and 
shall be placed either:  
(a) adjacent to the service ports for charging or recovering the fluorinated 
greenhouse gas; or  
(b) on that part of the product or equipment that contains the fluorinated 
greenhouse gas.  
The label shall be in the official languages of the Member State in which the good is 
to be placed on the market.  
5. Foams and pre -blended polyols that contain fluorinated greenhouse gases listed in 
Annexes I and II shall not be placed on the market unless the fluorinated greenhouse 
gases are identified  with a label using the accepted industry designation or, if no such 
designation is available, the chemical name. The label shall clearly indicate that the 
foam or pre -blended polyol contains fluorinated greenhouse gases. In the case of 
foam boards, that i nformation shall be clearly and indelibly stated on the boards.  
6. Reclaimed or recycled fluorinated greenhouse gases shall be labelled with an 
indication that the substance has been reclaimed or recycled, information on the 
batch number and the name and a ddress of the reclamation or recycling facility in the 
Union.  
7. Fluorinated greenhouse gases listed in Annex I and placed on the market for 
destruction shall be labelled with an indication that the contents of the container may 
only be destroyed.  
8. Fluor inated greenhouse gases listed in Annex I and intended for direct export shall be 
labelled with an indication that the contents of the container may only be directly 
exported.  
9. Fluorinated greenhouse gases listed in Annex I and placed on the market for u se in 
military equipment shall be labelled with an indication that the contents of the 
container may only be used for that purpose.  
10. Fluorinated greenhouse gases listed in Annexes I and II placed on the market for 
etching of semiconductor material or cl eaning of chemicals vapour deposition 
chambers within the semiconductor manufacturing sector shall be labelled with an 
indication that the contents of the container may only be used for that purpose.  EN 23  EN 11. Fluorinated greenhouse gases listed in Annex I and placed on the market for 
feedstock use shall be labelled with an indication that the contents of the container 
may only be used as feedstock.  
12. Fluorinated greenhouse gases listed in Annex I and placed on the market for 
producing metered dose inhalers fo r the delivery of pharmaceutical ingredients shall 
be labelled with an indication that the contents of the container may only be used for 
that purpose.  
13. In case of hydrofluorocarbons, the label referred to in paragraphs 7 to 11 shall 
include the indicat ion “exempted from quota under Regulation (EU) No …/… [OP: 
Please add  reference to this Regulation ]”.  
In the absence of the labelling requirements referred to in the first subparagraph and 
in paragraphs 7 to 11, the hydrofluorocarbons shall be subject to the quota 
requirements pursuant to Article 16(1).  
14. In the cases referred to in Annex IV, points 3, 8, 18(b) and (c), 19 and 20, the product 
shall be labelled with an indication that it may be used only where required by the 
safety standard to be specified. In the case referred to in Annex IV, points 20 and  22, 
the product shall be labelled with an indication that the product may only be used 
where required by the medical application to be specified.  
15. The information referred to in paragraphs 3 and 5 shall be included in instruction 
manuals for the produ cts and equipment concerned.  
In the case of products and equipment that contain fluorinated greenhouse gases 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.  
16. The Commission may, by means of implementing acts, determine the format of the 
labels referred to in paragraph 1 and paragraphs 4 to 14. Those implementing acts 
shall be adopted in accordance with the examination procedure referred to in Article 
34(2).  
17. The Commission is empowered to adopt delegated acts in accordance with Article 32 
amending the labelling requirements set out in paragraphs 4 to 14 where appropriate 
in view of commercial or technological development.  
Article 13  
Control of use  
1. The us e of sulphur hexafluoride in magnesium die -casting and in the recycling of 
magnesium die -casting alloys is prohibited.  
2. The use of sulphur hexafluoride to fill vehicle tyres is prohibited.  
3. From 1 January 2024, the use of fluorinated greenhouse gases listed in Annex I, with 
a global warming potential of 2 500 or more, for the servicing or maintenance of 
refrigeration equipment is prohibited.  
This paragraph shall not apply to military equipment or equipment intended for 
applications designed to cool pro ducts to temperatures below - 50 °C.  
The prohibition referred to in the first subparagraph shall not apply to the following 
categories of fluorinated greenhouse gases until 1 January 2030:  EN 24  EN (a) 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 they have been labelled in 
accordance with Article 12(6);  
(b) 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 they have been recovered from such 
equipment. Such recycled gases may only be used by the undertaking which 
carried out their rec overy as part of maintenance or servicing or 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 refrigeration 
equipment for which an exemption  has been authorised in accordance with Article 
11(4).  
4. The use of desflurane as inhalation anaesthetic is prohibited as from 1 January 2026, 
except when such use is strictly required and no other anaesthetic can be used on 
medical grounds. The user sha ll provide evidence, upon request, on the medical 
justification to the competent authority of the Member State and the Commission.  
CHAPTER IV  
PRODUCTION SCHEDULE AND REDUCTION OF THE QUANTITY OF 
HYDROFLUOROCARBONS PLACED ON THE MARKET  
Article 14  
Production of hydrofluorocarbons  
1. The production of hydrofluorocarbons is allowed to the extent that producers have 
been allocated productions rights by the Commission as set out in this Article.  
2. The Commission shall, by means of implementing acts, a llocate production rights on 
the basis of Annex V for producers that produced hydrofluorocarbons in 2022, based 
on data reported under Article 19 of Regulation (EU) No 517/2014. Such 
implementing acts shall be adopted in accordance with Article 34(2).  
3. The Commission may, by means of implementing acts, at the request of the 
competent authority of a Member State, amend the implementing acts referred to in 
paragraph 2 in order to allocate additional production rights to the producers referred 
to in paragra ph 2 or any other undertakings established in the Union, while 
respecting the production limits of the Member State under the Protocol. Such 
implementing acts shall be adopted in accordance with Article 34(2).  
4. Three years following the adoption of the implementing acts referred to in paragraph 
2, and every three years thereafter, the Commission shall review and amend if 
needed these implementing acts, taking into account the changes to the production 
rights pursuant to Article 15 during the preceding th ree years period. Such 
implementing acts shall be adopted in accordance with Article 34(2).  EN 25  EN Article  15 
Transfer and authorisation of production rights for industrial rationalisation  
1. For the purpose of industrial rationalisation within a Member State, p roducer s may 
transfer totally or partially their production rights to any other undertaking in that 
Member State, as long as the production limits of Parties under the Protocol are 
respected. Transfer s shall be approved by the Commission and the relevant 
competent authorities and carried out via the F -gas Portal .  
2. For the purpose of industrial rationalisation between Member States, the Commission 
may, in agreement with both the competent authority of the Member State in which a 
producer’s relevant produc tion is situated, and the competent authority of the 
Member State in which excess production rights are available, authorise via the F -gas 
Portal that producer to exceed its production referred to in Article 14(2) by a 
specified amount, considering conditions set out in the Protocol.  
3. The Commission may, in agreement with both the competent authority of the 
Member State in which a producer’s relevant production is situated and the 
competent authority of the third country Party concerned, authorise a producer to 
combine the calculated levels of production referred to in Article 14(2) with the 
calculated levels of production allowed to a producer in a third country Party under  
the Protocol and that producer’s national legislation for the purpose of industrial 
rationalisation with a third country Party, provided that the combined calculated 
levels of production by the two producers do not lead to an exceedance of production 
rights under the Montreal Protocol and any relevant national legislation is respected.  
Article 16  
Reduction of the quantity of hydrofluorocarbons placed on the market  
1. The placing on the market of hydrofluorocarbons is only allowed to the extent that 
produ cers and importers have been allocated quotas by the Commission as set out in 
Article 17.  
Producers and importers shall ensure that the quantities of hydrofluorocarbons they 
place on the market do not exceed their respective quota available to them at the 
moment of placing on the market.  
2. Paragraph 1  shall not apply to hydrofluorocarbons that are:  
(a) imported into the Union for destruction;  
(b) used by a producer in feedstock applications or supplied directly by a producer 
or an importer to undertakings  for use in feedstock applications;  
(c) 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 pa rty 
within the Union, prior to export;  
(d) supplied directly by a producer or an importer for use in military equipment;  
(e) 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.  EN 26  EN 3. The Commission is empowered to adopt delegated acts in accordance with  Article 32 
to amend paragraph 2 and exclude from the quota requirement laid down in 
paragraph 1 hydrofluorocarbons in accordance with decisions of the Parties to the 
Protocol.  
4. 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 four 
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 demo nstrated in the request that:  
(a) for those particular applications, products or equipment, alternatives are not 
available, or cannot be used for technical or safety reasons; and  
(b) a sufficient supply of hydrofluorocarbons cannot be ensured without entai ling 
disproportionate costs.  
Those implementing acts shall be adopted in accordance with the examination 
procedure referred to in Article 34(2).  
5. The emission of hydrofluorocarbons during production shall be considered as being 
placed on the market the year in which they occur.  
6. This Article and Articles 17, 20 to 29 and 31 shall also apply to hydrofluorocarbons 
contained in pre -blended polyols.  
Article 17  
Determination of reference values and allocation of quotas for placing 
hydrofluorocarbons on the market  
1. By 31 October [ OP: Please insert the year of application of this Regulation ] and 
every three years thereafter, the Commission shall determine reference values for 
producers and importers in accordance with Annex VII for the placing on the market 
of hydrofluorocarbons.  
The Commission shall determine those reference values for all importers and 
producers that imported or produced hydrofl uorocarbons during the previous three 
years, by means of an implementing act determining references values for all 
importers and producers.  Those implementing acts shall be adopted in accordance 
with the examination procedure referred to in 34(2).  
2. An importer or producer may notify the Commission of a permanent succession or 
acquisition of the part of its business relevant to this Article, resulting in a change of 
the attribution of its and the legal successor’s reference values.   
The Commission may r equest relevant documentation to this effect. The adjusted 
reference values shall be made accessible in the F -gas Portal.  
3. By 1 April [ OP: Please insert the year of application of this Regulation ] and every 
three years thereafter, producers and importers  may make a declaration for receiving 
quotas from the reserve referred in Annex VIII via the F -gas Portal.  
4. By 31 December [ PO: Please insert the year of application of this Regulation ], and 
every year thereafter, the Commission shall allocate quotas for each importer and EN 27  EN producer for placing hydrofluorocarbons on the market, pursuant to Annex VIII.  
Quotas shall be notified via the F-gas Portal to importers and producers.  
5. The alloc ation of quotas is subject to the payment of the amount due which equals to 
three euro for each tonne of CO 2 equivalent of quota to be allocated. Importers and 
producers shall be notified via the F -gas Portal of the total amount due for its 
calculated maxi mum quota allocation for the following calendar year and of the 
deadline for completing the payment. The Commission may, by means of 
implementing acts, determine the modalities and the detailed arrangements for the 
payment of the amount due. Those implemen ting acts shall be adopted in accordance 
with the examination procedure referred to in 34(2).  
Importers and producers may pay only for a part of the calculated maximum quota 
allocation offered to them. In such a case, these importers and producers shall b e 
allocated the quota corresponding to the payment made by the set deadline.  
The Commission shall redistribute the quota for which a payment has not been made 
by the set deadline, free of charge, to only those importers and producers that have 
paid the tot al amount due for their calculated maximum quota allocation referred to 
in the first subparagraph and that have made a declaration referred to in paragraph 3. 
This distribution shall be made on the basis of each importer's or producer’s share of 
the sum of  all the maximum calculated quota offered to and paid for in full by those 
importers and producers.  
The Commission shall be authorised not to fully allocate the maximum quantity 
referred to in Annex VII or allocate additional quotas, as contingency for 
implementation issues during the allocation period.  
6. The Commission is empowered to adopt delegated acts in accordance with Article 32 
to amend paragraph 5 as regards the amounts due for the allocation of quota and the 
mechanism to allocate remaining quota s, where necessary to prevent major 
disruptions of the market of hydrofluorocarbons, or where the mechanism is not 
fulfilling its purpose and is having undesirable or unintended effects.  
7. The revenue generated from the quota allocation amount shall constitute external 
assigned revenue in accordance with Article 21(5) of Regulation (EU, Euratom) No 
2018/1046. That revenue shall be assigned to the LIFE programme and to Heading 7 
of the multia nnual financial framework (European Public Administration), to cover 
the costs of external staff working on the management of the quota allocation, IT 
services, and licensing systems for the purpose of implementation of this Regulation 
and for ensuring com pliance with the Protocol. Any revenue remaining after 
covering these costs shall be entered into the general budget of the Union.  
Article 18  
Conditions for registration and receiving quota allocations  
1. Quotas shall only be allocated to producers or imp orters that have an establishment 
within the Union, or which have mandated an only representative with an 
establishment within the Union that assumes the full responsibility of complying 
with this Regulation. The only representative may be the same as the one mandated EN 28  EN pursuant to Article 8 of Regulation (EC) No 1907/2006 of the European Parliament 
and of the Council43.  
2. Only importers and producers that have experience in trading activities of chemicals 
for three consecutive years prior to the quota alloc ation period, shall be allowed to 
submit a declaration referred to in Article 17(3) or receive a quota allocation on that 
basis pursuant to Article 17(4). The importers and producers shall submit evidence to 
this effect, on request, to the Commission.  
3. For the purpose of registration in the F -gas Portal, importers and producers shall 
provide a physical address where the company is located and from where it conducts 
its business. Only one undertaking shall be registered under the same physical 
address.  
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 one single undertaking. Only that 
single undertaking, which is the one registered first in the registry unless indicated 
otherwise by the beneficial owner, shall be entitled to a reference value pursuant to 
Article  17(1) and a quota allocation pursuant to Article 17(4).  
Article 19  
Pre-charging of equipment with hydrofluorocarbons  
1. Refrigeration, air conditioning and heat pump equipment charged with 
hydrofluorocarbons shall not be placed on the market unless hydrofluorocarbons 
charged into the equipment are accounted for within the quota system referred to in 
this Chapter.  
2. When p lacing pre -charged equipment as referred to in paragraph 1 on the market, 
manufacturers and importers of equipment shall ensure that compliance with 
paragraph 1 is fully documented and shall draw up a declaration of conformity in this 
respect.  
By drawing up the declaration of conformity, manufacturers and importers of 
equipment shall assume responsibility for compliance with this paragraph and 
paragraph 1.  
Manufacturers and importers of equipment shall keep this documentation and the 
declaration of conformity for a period of at least five years after the placing on the 
market of that equipment and shall make it available, on request, to the competent 
authori ties of Member States and the Commission.  
3. Where hydrofluorocarbons contained in the equipment referred to in paragraph 1 
have not been placed on the market prior to the charging of the equipment, importers 
of that equipment shall ensure that, by 30 Apr il [OP: Please insert the year of 
application of this Regulation ] and every year thereafter, the accuracy of the 
documentation, the declaration of conformity and the veracity of their report 
                                                 
43 Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, 
Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending 
Directive 1999/45/EC and repealing Council Regula tion (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well 
as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ L 396, 
30.12.2006, p. 1).  EN 29  EN pursuant to Article 26 is confirmed, for the preceding calendar y ear, at a reasonable 
level of assurance  by an independent auditor registered in the F -gas Portal.  
The independent auditor shall be either:  
(a) accredited pursuant to Directive 2003/87/EC of the European Parliament and of 
the Council44; or, 
(b) accredited t o verify financial statements in accordance with the legislation of 
the Member State concerned.  
4. The Commission shall, by means of implementing acts, determine the detailed 
arrangements relating to the declaration of conformity referred to in paragraph 2, the 
verification by the independent auditor and of the accreditation of verifiers. Those 
implementing acts shall be adopted in accordance with the examination procedure 
referred to in Article 34(2).  
5. Importers of equipment referred to in paragraph 1,  which has no establishment in the 
Union, shall mandate an only representative with an establishment within the Union 
that assume s the full responsibility of complying with this Regulation. The only 
representative may be the same as the one mandated pursua nt to Article 8 of 
Regulation (EC) No 1907/2006.  
6. This Article shall not apply to undertakings that placed on the market less than 100 
tonnes of CO 2 equivalent of hydrofluorocarbons, per year, contained in the 
equipment referred to in paragraph 1.  
Artic le 20  
The F -gas Portal  
1. The Commission shall set up and ensure the operation of an electronic system for the 
management of the quota system, licensing of imports and exports and reporting 
(‘the F -gas Portal’).  
2. The Commission shall ensure the interconnection of the F -gas Portal with the 
European Union Single Window Environment for Customs through the European 
Union Customs Single Window - Certificate Exchange System established by 
Regulation (EU) No …/… [ the full reference to be inserted once t hat Regulation has 
been adopted ].  
3. Member States shall ensure the interconnection of their national single window 
environments for customs with the European Union Customs Single Window - 
Certificate Exchange System for the purpose of exchanging information with the F -
gas Portal.  
4. Underta kings shall have a valid registration in the F-gas Portal prior to the import or 
export of fluorinated greenhouse gases and products and equipment containing 
fluorinated greenhouse gases  or whose functioning relies upon  those  gases except in 
cases of temporary storage and for the following activities:  
(a) submitting a declaration pursuant to Article 17(3);  
                                                 
44 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).  EN 30  EN (b) receiving a quota allocation for the placing on the market of 
hydrofluorocarbons in accordance with Article 17(4) or m aking 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);  
(c) supplying, or rec eiving hydrofluorocarbons for the purposes listed in points (a) 
to (e) of Article 16(2);  
(d) for carrying out the activities that require reporting under Article 26;  
(e) for 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 ; 
(f) for verifying reports referred to in Articles 19(3) and 26(8).  
Registration shall be valid only once the Commission validates it and for as long as it 
is not suspended or rev oked by the Commission or withdrawn by the undertaking.  
5. A valid registration in the F -Gas Portal at the moment of import or export constitutes 
a licence required under Article 22.  
6. The Commission shall, to the extent necessary, by means of implementi ng acts, 
ensure the smooth functioning of the F -gas Portal. Those implementing acts shall be 
adopted in accordance with the examination procedure referred to in Article 34(2).  
7. The competent authorities, including customs authorities, of the Member States shall 
have access to the F -gas Portal to enable the implementation of the relevant 
requirements and controls. Access to the F -gas Portal by customs authorities shall be 
ensured via the European Union Single Window Environments for Customs.   
The Commission and competent authorities of the Member States shall ensure the 
confidentiality of the data included in the F -gas Portal.  
8. Any requests by importers and producers for correct ions of the information recorded 
in the F -gas Portal, by themselves, concerning transfers of quota referred to in Article 
21(1), authorisations to use quota referred to in Article 21(2) or delegations of 
authorisations referred to in Article 21(3), shall b e communicated, with the consent 
of all undertakings involved in the transaction, to the Commission without undue 
delay and at the latest until 31 March of the year following the year of the recording 
of the transfer of quota or the authorisation to use qu ota and shall be substantiated 
with evidence establishing that it concerns a clerical error.   
Notwithstanding the conditions set out in the first subparagraph, requests for 
corrections of data that negatively affect the entitlements of other importers and  
producers not involved in the underlying transaction shall be refused.  
Article 21  
Transfer of quotas and authorisation to use quotas for the placing on the market of 
hydrofluorocarbons in imported equipment  
1. Any producer or importer for whom a reference value has been determined pursuant 
to Article 17(1) may transfer in the F -gas Portal its quota allocation on the basis of 
Article 17(4), for all or any quantities, to another producer or importer in the Union EN 31  EN or to another producer or importer which is represented in the Union by an only 
representative referred to in Article 18(1).  
Transferred quota as referred to in the first subparagraph shall not be transferred a 
second time.  
2. Any producer or importer for  whom a reference value has been determined pursuant 
to Article 17(1), may authorize in the F -gas Portal an undertaking in the Union or 
represented in the Union by an only representative referred to in Article 19(5), to use 
all or part of its quota for the  purpose of importing pre -charged equipment referred to 
in Article 19.  
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.  
3. Any undertaking receiving authorisations may delegate that authorisation to use 
quota received in accordance with paragraph 2 in the F -gas Portal to an undertaking 
for the purpose of importing pre -charged equipment referred to in Article 19. A 
delegated au thorisation shall not be delegated a second time.  
4. Transfers of quota, authorisations to use quota and delegations of authorisations 
carried out via the F -gas Portal shall only be valid if the receiving undertaking 
accepts it via the F -gas Portal.  
CHAP TER V  
TRADE  
Article 22  
Imports and exports  
The import and export of fluorinated greenhouse gases and products and equipment 
containing  those gases  or whose functioning relies upon  those  gases except in cases of 
temporary storage, is subject to the presentation of a valid licence to customs authorities 
pursuant to Article 20(4).  
Fluorinated greenhouse gases imported into the Union shall be considered as virgin gases.  
Article 23  
Controls  of trade  
1. Customs authorities and market surveillance authorities shall enforce the prohibitions 
and other restrictions set out in this Regulation with regards to imports and exports.  
2. For the purpose of release for free circulation, the undertaking h olding quota or 
authorisations to use quota as required under this Regulation and registered in the F -
gas Portal pursuant to Article 20 shall be the importer indicated in the customs 
declaration.  
For the purpose of imports, other than release for free circ ulation, the undertaking 
registered in the F -gas Portal pursuant to Article 20 shall be the declarant indicated in 
the customs declaration.  
For the purpose of exports, the undertaking registered in the F -gas Portal pursuant to 
Article 20 shall be the expo rter indicated in the customs declaration.  EN 32  EN 3. In cases of imports of fluorinated greenhouse gases and of 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 in the declaration the 
following, where relevant:  
(a) the F -gas Portal registration identification number;  
(b) the Economic Operators Registration and Identification (EORI) number;  
(c) the net mass of bulk gases and of gases charged in products and equipment;  
(d) the commodity code under which the goods are classified;  
(e) the tonnes of CO 2 equivalent of bulk gases and of gases contained in products 
or equipment, and parts thereof.  
4. Customs authorities shall verify, in particular, that in cases of release for f ree 
circulation, the importer indicated in the customs declaration has quota or 
authorisations to use quota as required by this Regulation before releasing the goods 
for free circulation. Customs authorities shall also ensure that in cases of imports the 
importer indicated in the customs declaration, or where not available the declarant, 
and in cases of exports the exporter, indicated in the customs declaration is registered 
in the F -gas Portal pursuant to Article 20.  
5. Where relevant, customs authorities  shall communicate information regarding the 
customs clearance of goods to the F -gas Portal via the E uropean Union  Single 
Window Environment for Customs.   
6. Importers of  fluorinated greenhouse gases listed in Annex I and Annex II, Section 1, 
in refillabl e containers shall make available to customs authorities, at the time the 
customs declaration related to the release for free circulation is submitted, a 
declaration of conformity including evidence confirming the arrangements in place 
for the return of th e container for the purpose of refilling.   
7. Importers of fluorinated greenhouse gases shall make available to customs 
authorities, at the time the customs declaration related to the release for free 
circulation in the Union is submitted, the evidence ref erred to in Article 4(5).  
8. The declaration of conformity and the documentation referred to in Article 19(2) 
shall be made available to customs authorities at the time the customs declaration 
related to the release for free circulation in the Union is sub mitted.  
9. Customs authorities shall verify compliance with the  rules on imports and exports set 
out in this Regulation when carrying out the controls based on risk analysis in the 
context of Customs Risk Management Framework and in accordance with Articl e 46 
of Regulation (EU) No 952/2013. The risk analysis shall take into account, in 
particular, any available information on the likelihood of illegal trade of fluorinated 
greenhouse gases,  and the compliance history of the undertaking concerned.  
10. Based on risk analysis, when carrying out  physical customs controls of the gases and 
products covered under this Regulation, the customs authority shall, in particular, 
verify the following on imports and exports:  
(a) that the goods presented correspond to those  described in the licence and  in the 
customs declaration;  EN 33  EN (b) that the product or equipment presented does not fall under the restrictions 
referred to in Article 11(1) and (3);  
(c) that the goods are appropriately labelled in accordance with Article 12 before 
releasing the goods for free circulation.   
The importer, or where not available the declarant, or exporter shall make their 
licence available to customs authorities during cont rols in accordance with Article 15 
of Regulation (EU) No 952/2013.    
11. Customs authorities  or market surveillance authorities shall take all necessary 
measures to prevent attempts to import or export the substances and the products 
covered under this Regulation that were already not allowed to enter or exit the 
territory.  
12. Customs authorities shall confiscate or seize non -refillable containers prohibited by 
this Regulation for disposal in accordance with Articles 197 and 198 of Regulation 
(EU) 952/2 013. Market surveillance authorities shall also withdraw or recall from the 
market such containers in accordance with Article 16 of Regulation (EU) No 
2019/1020 of the European Parliament and the Council45. 
For other substances and products and equipment co vered by this Regulation, 
alternative measures may be taken to prevent unlawful import, further supply, or 
export, in particular in cases of hydrofluorocarbons 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.  
The re -export of gases and products and equipment that do not comply with this 
Regulation is prohibited.  
13. Member States customs authorities shall designate or approve customs offices or 
other place s and shall specify the route to those offices and places, in accordance 
with Articles 135 and 267 of Regulation (EU) No 952/2013, for the presentation to 
customs of the fluorinated greenhouse gases listed in Annex I and of the products 
and equipment refer red to in Article 19 at their entry into or at their exit from the 
customs territory of the Union. Those customs offices or places shall be sufficiently 
equipped to carry out the relevant physical controls based on risk analysis, and shall 
be knowledgeable  on matters related to the prevention of illegal activities by this 
Regulation.  
Only the designated or approved places and customs offices referred to in the first 
subparagraph shall be authorised to open or end a transit procedure of the gases and 
product s or equipment covered by this Regulation.  
Article 24  
Measures to monitor illegal trade  
The Commission is empowered to adopt delegated acts in accordance with  Article 32 to 
supplement this Regulation by establishing additional measures to those set out in this 
Regulation for the monitoring of fluorinated greenhouse gases and of products and equipment 
containing  those gases or whose functioning relies upon  those  gases placed under temporary 
                                                 
45 Regulation (EU) 2019/1020 of the European Parliament and  of the Council of 20 June 2019 on market 
surveillance and compliance of products and amending Directive 2004/42/EC and Regulations (EC) No 
765/2008 and (EU) No 305/2011  (OJ L 169, 25.6.2019, p. 1).  EN 34  EN storage, or a customs procedure including customs warehousing or fre e zone procedure or in 
transit through the customs territory of the Union, on the basis of an evaluation of the 
potential risks of illegal trade linked to such movements, including tracing methodologies for 
gases placed on the market, taking into account t he environmental benefits and socio -
economic impacts of such measures.  
Article 25  
Trade with states or regional economic integration organisations and territories not 
covered by the Protocol  
1. Import and export of hydrofluorocarbons and of products and equipment containing, 
hydrofluorocarbons or whose functioning relies upon  those  gases from and to any 
state or regional economic integration organisation that has not agreed to be bound 
by the pro visions of the Protocol applicable to those gases shall be prohibited as from 
1 January from 2028.   
2. The Commission is empowered to adopt delegated acts in accordance with  Article 32 
to supplement this Regulation by establishing the rules applicable to t he release for 
free circulation in the Union and export of products and equipment imported from 
and exported to any State or regional economic integration organisation subject to 
paragraph 1, which were produced using hydrofluorocarbons but do not contain 
gases which can be positively identified as hydrofluorocarbons , as well as rules on 
the identification of such products and equipment. When adopting those delegating 
acts the Commission shall take into account the relevant decisions taken by the 
Parties to  the Protocol and, as regards the rules on the identification of such products 
and equipment, periodical technical advice given to the Parties to the Protocol.  
3. By way of derogation from paragraph 1, trade with any state or regional economic 
integration organisation subject to paragraph 1 in hydrofluorocarbons and equipment 
containing  hydrofluorocarbons  or whose functioning replies upon those gases  or 
which are produced by means of one or more such gases may be authorised by the 
Commission, by means of im plementing acts, to the extent that the state or regional 
economic integration organisation is determined by a meeting of the Parties to the 
Protocol pursuant to Article 4(8) of the Protocol to be in full compliance with the 
Protocol and has submitted data  to that effect as specified in Article 7 of the 
Protocol. Those implementing acts shall be adopted in accordance with the 
examination procedure referred to in  Article 34 (2).  
4. Subject t o any decision taken under paragraph 2, paragraph 1 shall apply to any 
territory not covered by the Protocol in the same way as such decisions apply to any  
state or regional economic integration organisation subject to paragraph 1.  
5. Where the authoritie s of a territory not covered by the Protocol are in full compliance 
with the Protocol and have submitted data to that effect as specified in Article 7 of 
the Protocol, the Commission may decide, by means of implementing acts, that some 
or all of the provis ions of paragraph 1 of this Article shall not apply in respect of that 
territory. Those implementing acts shall be adopted in accordance with the 
examination procedure referred to in  Article 34 (2). EN 35  EN CHAPTER  VI 
REPORTING AND COLLECTION OF EMISSION DATA  
Article 26  
Reporting by undertakings  
1. By 31 March [ OP: Please insert the year of application of this Regulation ], and 
every year thereafter, each producer, importer and exporter that produced, imported 
or exported hydrofluorocarbons or quantities exceeding one metric tonne or 100 
tonnes of CO 2 equivalent of other fluorinated greenhouse gases during the preceding 
calendar year shall report to the Commission the data specified in Annex I X on each 
of those substances for that calendar year. This paragraph shall also apply to all 
undertakings receiving quotas pursuant to Article 21(1).  
By 31 March [ OP: Please insert the year of application of this Regulation ], and 
every year thereafter, ea ch importer or producer that has been allocated quota 
pursuant to Article 17(4), or has received quotas 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’.  
2. By 31 March [ OP: Please insert the year of application of this Regulation ], and 
every year thereafter, each undertaking that destroyed hydrofluorocarbons or 
quantities exceeding one metric tonne or 100 tonnes of CO 2 equivalent of other 
fluorinated greenhouse gases during the preceding calendar year shall report to the 
Commission the data specified in Annex IX on each of those substances for that 
calendar year.  
3. By 31 March [[ OP: Please insert the year of applica tion of this Regulation ], each 
undertaking that used 1 000 tonnes of CO 2 equivalent or more of fluorinated 
greenhouse gases listed in Annex I as feedstock during the preceding calendar year 
shall report to the Commission the data specified in Annex IX on e ach of those 
substances for that calendar year.  
4. By 31 March [ OP: Please insert the year of application of this Regulation ], each 
undertaking that placed 100 tonnes of CO 2 equivalent or more of 
hydrofluorocarbons, or 500 tonnes of CO 2 equivalent or more of other fluorinated 
greenhouse gases, contained in products or equipment on the market during the 
preceding calendar year shall report to the Commission the data specified in Annex 
IX on each of those substances for that calendar year.  
5. By 31 March [ OP: Please insert the year of application of this Regulation ], and 
every year thereafter, each undertaking that received any quantities of 
hydrofluorocarbons referred to in Article 16(2) shall report to the Commission the 
data specified in  Annex IX on each of those substances for that calendar year.  
By 31 March  [OP: Please insert the year of application of this Regulation ], and 
every year thereafter, each producer or importer that placed on the market 
hydrofluorocarbons for the purpose of p roducing metered dose inhalers for the 
delivery of pharmaceutical ingredients shall report to the Commission the data 
specified in Annex IX . The manufactures of such metered dose inhalers shall report 
to the Commission the data specified in Annex IX on the  hydrofluorocarbons 
received.  EN 36  EN 6. By 31 March [ OP: Please insert the year of application of this Regulation ], and 
every year thereafter, each undertaking that reclaimed quantities exceeding 1 metric 
tonne or 100 tonnes of CO 2 equivalent of fluorinated greenhouse gases shall report to 
the Commission the data specified in Annex IX on each of those substances for that 
calendar year.  
7. By 30 April [ OP: Please insert the year of application of this Regulation ], each 
importer of equipment that placed on the market pre -charged equipment as referred 
to in Article 19 containing at least 1 000 tonnes of CO 2 equivalent 
hydrofluorocarbons, and where those hydrofluorocarbons have not been placed on 
the market prior to the charging of the equipment, shall submit to t he Commission a 
verification report issued pursuant to Article 19(3).   
8. By 30 April [ OP: Please insert the year of application of this Regulation ], and every 
year thereafter, each undertaking which under paragraph 1 reports on the placing on 
the market of 1 000 tonnes of CO 2 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 either:  
(a) accredited pursuant to Directive 2003/87/EC; or  
(b) accredited to verify financial statements in accordance with the legislation of 
the Member State concerned.  
Transactions referred to in Article 16(2), point (c), of shall be verified regardless of 
the quantities involved.  
The Commission may request an undertaking to ensure that the veracity of its report 
is confirmed at a reasonable level of assurance, by an independent auditor, regardless 
of the quantities involved, where needed to confirm its compliance with the rules 
under this Regulation.   
The Commission may, by means of implementing acts, specify the details of the 
verification of reports and of the accreditation of verifiers.  Those implementi ng acts 
shall be adopted in accordance with the examination procedure referred to in Article 
34(2).   
9. All reporting and verification referred to in this Article shall be carried out via the F -
gas Portal.  
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.  EN 37  EN CHAPTER  VII 
ENFORCEMENT  
Article 28  
Cooperation and exchange of information  
1. The competent authorities of Member States, including customs authorities, market 
surveillance authorities, environmental authorities and other authorities with 
inspection functions, shall cooperate with each other, with the competent authorities 
of other Mem ber States, with the Commission, and if necessary, with administrative 
authorities of third countries in order to ensure compliance with this Regulation.  
When cooperation with customs authorities is needed to ensure a proper 
implementation of the customs risk management framework, competent authorities 
shall provide all necessary information to customs in accordance with Article 47(2) 
of Regulation (EU) 952/2013.  
2. When customs authorities, market surveillance authorities or any other competent 
authority  of a Member State have detected an infringement of this Regulation, that 
competent authority shall notify the environmental authority or if not relevant any 
other authority responsible for the enforcement of penalties in accordance with 
Article 31.  
3. Member States shall ensure that their competent authorities are able to efficiently 
have access to and exchange between them any information necessary for the 
enforcement of this Regulation. Such information shall include customs related data, 
information on  ownership and financial status, any environmental violations, as well 
as data recorded in the F -gas Portal.    
That information shall also be made available to competent authorities of other 
Member States and to the Commission when needed to ensure the enf orcement of 
this Regulation. Competent authorities shall immediately inform the Commission of 
infringements of Article 16(1).  
4. Competent authorities shall alert competent authorities of other Member States when 
they detect infringement of this Regulation  that may affect more than one Member 
State. Competent authorities shall, in particular, inform competent authorities of 
other Member States when they detect a relevant product on the market that is not 
compliant with this Regulation, to enable that it is seized, confiscated, withdrawn or 
recalled from the market for disposal.   
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 
infringement of the provisions of this Regulation in accordance with Regulation (EC) 
No 515/97 of the European Parliament and of the Council46 and shall request 
assistance from the other Member States and the Commission where relevant.  
                                                 
46 Regulation (EC) No 515/97 of the European Parliament an d of the Council 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).  EN 38  EN Article 29  
Obligation t o carry out checks  
1. The competent authorities of Member States shall carry out checks to establish 
whether undertakings comply with their obligations under this Regulation.  
2. The checks shall be carried out following a risk -based approach,  which takes i nto 
consideration in particular, the history of compliance of undertakings, the risk of 
non-compliance of a specific product with this Regulation, and any other relevant 
information received from the Commission,  national customs authorities, market 
surveil lance authorities and environmental authorities or from competent authorities 
of third countries.  
Competent authorities shall also conduct checks when they are in possession of 
evidence or other relevant information, including based on substantiated concerns 
provided by third parties, concerning potential non -compliance with this Regulation.  
The compe tent authorities of the Member States shall also carry out the checks that 
the Commission considers necessary to ensure compliance with  this Regulation.  
3. Checks referred to in paragraphs 1 and 2, shall include on -site visits of 
establishments with the ap propriate frequency and verification of relevant 
documentation and equipment.  
Checks shall be carried out without prior warning of the undertaking, except where 
prior notification is necessary in order to ensure the effectiveness of the checks. 
Member Stat es shall ensure that undertakings afford the competent authorities all 
necessary assistance to enable those authorities to carry out  the checks provided for 
by this Article.  
4. The competent authorities shall keep records of the checks indicating in partic ular 
their nature and results, as well as on the measures taken in case of non -compliance. 
Records of all checks shall be kept for at least five years.  
5. At the request of another Member State, a Member State may conduct checks on 
undertakings suspected o f being engaged in the illegal movement of the gases and 
products and equipment covered by this Regulation and which are operating on the 
territory of that Member State. The requesting Member State shall be informed about 
the result of the check.  
6. In ca rrying out the tasks assigned to it by this Regulation, the Commission may 
request all necessary information from the competent authorities of the Member 
States and from undertakings. When requesting information from an undertaking the 
Commission shall at the same time forward a copy of the request to the competent 
authority of the Member State within the territory of which the undertaking’s seat is 
situated.   
7. The Commission shall take appropriate steps to promote an adequate exchange of 
information and cooperation between competent authorities of the Member States 
and between competent authorities of the Member States and the Commission. The 
Commission shall take appropriate steps to protect the confidentiality of information 
obtained under this Article.   
Article 30  
Reporting of breaches and protection of reporting persons  EN 39  EN 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 DELEGATION  
 
Article 31  
Penalties  
1. Member States shall lay down the rules on penalties applicable to infringements of 
this Regulation and shall take all measures necessary to ensure that they are 
implemented. The penalties provided for shall be effective, proportionate and 
dissuasive. Member States shall, by 1 January [ OP please insert the year =  1 year 
following the date of entry into force of this Regulation ] notify the Commission of 
those rules and of those meas ures and shall notify it, without delay, of any 
subsequent amendment affecting them.  
2. Without prejudice to the obligations of Member States under Directive 2008/99/EC, 
Member States shall, in accordance with national law, provide for competent 
authoriti es to have the power to impose appropriate administrative penalties and take 
other administrative measures in relation to those infringements.    
3. Member States shall ensure that level and type of penalties are appropriate and 
proportionate and are applie d considering at least to the following criteria:  
(a) the nature and gravity of the infringement;  
(b) the intentional or negligent character of the infringement;  
(c) any previous infringements of this Regulation by the undertaking held 
responsible;  
(d) the financial situation of the undertaking held responsible;  
(e) the economic benefits derived or expected to be derived from the infringement.  
4. The Member States shall ensure that their competent authorities  are able to at least 
impose the following penal ties in case of infringements of this Regulation:  
(a) fines;  
(b) confiscation or seizure of illegally obtained goods or of revenues gained by the 
undertaking from the infringement;  
(c) suspension or revocation of the authorisation to carry out activities where those 
fall under the scope of this Regulation.  
5. In cases 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 on  those gases, Member States shall envisage maximum 
administrative fines of at least five times the market value of the concerned gases or 
products and equipment  concerned . In case of a repeated infringement within a five -EN 40  EN year period, the Member States shall envis age maximum administrative fines of at 
least eight times the value of the gases or products and equipment concerned.  
In cases of infringements of Article 4(1), the potential impact on the climate shall be 
reflected by taking into account the carbon price in the determination of an 
administrative fine.  
6. In addition to the penalties referred to in paragraph 1, undertakings that have 
exceeded their quota for placing hydrofluorocarbons on the market, allocated in 
accordance with Article 17(4) or transferred  to them in accordance with Article 
21(1), may only be allocated a reduced quota allocation for the allocation period after 
the excess has been detected.  
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 f or that allocation period 
and the quota for the following allocation periods shall be reduced likewise until the 
full amount has been deducted. The reduction(s) shall be recorded in the F -gas 
Portal.  
Article 32  
Exercise of the delegation  
1. The power to a dopt delegated acts is conferred on the Commission subject to the 
conditions laid down in this Article.  
2. The power to adopt delegated acts referred to in Article 8(8), Article 12(17), Article 
16(3), 17(6), Article 24, Article 25(2) and Article 35 shall b e conferred on the 
Commission for an indeterminate period of time [from the date of application of the 
Regulation ].  
3. The delegation of power referred to in Article  8(8), Article 12(17), Article 16(3), 
Article 17(6), Article 24, Article 25(2) and Article  35 may be revoked at any time by 
the European Parliament or by the Council. A decision to revoke shall put an end to 
the delegation of the power specified in that decision. It shall take effect the day 
following the publication of the decision in the  Official Journal  of the European 
Union  or at a later date specified therein. It shall not affect the validity of any 
delegated acts already in force.  
4. Before adopting a delegated act, the Commission shall consult experts designated by 
each Member State in ac cordance with the principles laid down in the Inter -
institutional Agreement of 13 April 2016 on Better Law -Making.  
5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to 
the European Parliament and to the Council.  
6. A de legated act adopted pursuant to in Article  8(8), Article 12(17), Article 16(3), 
Article 17(6), Article 24, Article 25(2) and Article 35 shall enter into force only if no 
objection has been expressed either by the European Parliament or the Council 
within a  period of two  months of notification of that act to the European Parliament 
and the Council or if,  before the expiry of that period, the European Parliament and 
the Council have both informed the  Commission that they will not object. That EN 41  EN period shall be extended by two  months at the initiative of the European  Parliament 
or of the Council.  
Article 33  
Consultation Forum  
The Commission shall establish a Consultation Forum for providing advice and expertise in 
relation to the implementation of this Regulatio n. The rules of procedure of the Consultation 
Forum shall be established by the Commission and shall be published.  
Article 34  
Committee procedure  
1. The Commission shall be assisted by a committee on fluorinated greenhouse gases. 
That committee shall be a committee within the meaning of Regulation (EU) No 
182/2011.  
2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 
182/2011 shall apply.  
CHAPTER IX  
TRANSITIONAL AND FINAL PROVISIONS  
Article 35  
Review  
The Commission is empowered to adopt delegated acts in accordance with Article 32 to 
amend  Annexes I, II III and VI as regards the global warming potential of the listed gases, 
where it is necessary in the light of new Assessment Reports  adopted by the 
Intergovernmental Pa nel on Climate Change or new reports of the Scientific Assessment 
Panel (SAP) of the Montreal Protocol .   
By 1 January 2033, the Commission shall publish a report on the implementation of this 
Regulation.   
Article 36  
Repeal  
Regulation (EU) No 517/2014 is repealed.  
References to Regulation (EU) No 517/2014 shall be construed as references to this 
Regulation and shall be read in accordance with the correlation table in Annex X.  
Article 37  
 Amendment to Directive (EU) No 2019/1937  EN 42  EN In Part I, Section E, point  2, of the Annex to Directive (EU) No 2019/1937, the following 
point is added:  
Regulation (EU) No [ OP: please insert the number of this Regulation ] of the European 
Parliament and of the Council on fluorinated greenhouse gases, amending Directive (EU) 
2019 /1937 and repealing Regulation (EU) No 517/2014 [ OP: please insert the OJ reference 
to this Regulation ]’. 
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 . 
It shall apply from 1 January [ OP: Please insert the year following the year of entry  into force 
of this Regulation ]. 
Articles 20(2) , 20(3) and 23(5) shall apply from:  
(a) [[1 March 2023] date = the application date specified in Regulation of the European 
Parliament and of the Council establishing the European Union Single Window 
Environment for Customs and amending Regulation (EU) No 952/2013 in the Annex 
for the part concerning fluorinated greenhouse gases] for rele ase for free circulation 
referred to in Article 201 of Regulation (EU) 952/2013;  
(b) [[1 March 2025] date = the application date specified in Regulation of the European 
Parliament and of the Council establishing the European Union Single Window 
Environment  for Customs and amending Regulation (EU) No 952/2013 in the Annex 
for the part concerning fluorinated greenhouse gases] for import procedures other 
than the one referred to in point (a), and export.  
Article 17(5) shall apply  from [OP: Please insert the  year following the year of the 
application of this Regulation ]. 
This Regulation shall be binding in its entirety and directly applicable in all Member States.  
Done at Strasbourg,  
For the European Parliament  For the Council  
The President  The President  EN 43  EN LEGISLATIVE FINANCIAL STATEMENT  
Contents  
1. FRAMEWORK OF THE PROPOSAL/INITIATIVE  ................................ ...............  44 
1.1. Title of the proposal/initiative  ................................ ................................ ....................  44 
1.2. Policy area(s) concerned  ................................ ................................ ............................  44 
1.3. The proposal/initiative relates to:  ................................ ................................ ...............  44 
1.4. Objective(s)  ................................ ................................ ................................ ................  44 
1.4.1.  General objective(s)  ................................ ................................ ................................ ... 44 
1.4.2.  Specific (review) objective(s)  ................................ ................................ ....................  44 
1.4.3.  Expected result(s) and impact  ................................ ................................ ....................  45 
1.4.4.  Indicators of performance  ................................ ................................ ..........................  45 
1.5. Grounds  for the proposal/initiative  ................................ ................................ ............  46 
1.5.1.  Requirement(s) to be met in the short or long term including a detailed timeline for 
roll-out of the implementation of the initiative  ................................ ..........................  46 
1.5.2.  Added value of Union involvement (it may result from different factors, e.g. 
coordination gains, legal certainty, greater effectiveness or complementarities). For 
the purposes of this point 'added value of Union involvement' is the value resulting 
from Union int ervention, which is additional to the value that would have been 
otherwise created by Member States alone.  ................................ ...............................  48 
1.5.3.  Lessons learned from similar experiences in the past  ................................ ................  48 
1.5.4.  Compatibilit y with the Multiannual Financial Framework and possible synergies 
with other appropriate instruments ................................ ................................ .............  49 
1.5.5.  Assessment of the different available financing options, including scope for 
redeployment  ................................ ................................ ................................ ..............  49 
1.6. Duration and financial impact of the proposal/initiative  ................................ ...........  50 
1.7. Management mode(s) planned  ................................ ................................ ...................  50 
2. MANAGEMENT MEASURES ................................ ................................ .................  50 
2.1. Monitoring and reporting rules  ................................ ................................ ..................  50 
2.2. Management and control system(s)  ................................ ................................ ...........  51 
2.2.1.  Justification of the management mode(s), the funding implementation mechanism(s), 
the payment modalities and the control stra tegy proposed  ................................ ........  51 
2.2.2.  Information concerning the risks identified and the internal control system(s) set up 
to mitigate them ................................ ................................ ................................ ..........  51 
2.2.3.  Estimation and justification of the cost -effectiveness of the controls (ratio of "control 
costs ÷ value of the related funds managed"), and assessment of the expected levels 
of risk of error (at payment & at closure)  ................................ ................................ .. 51 
2.3. Measures to prevent fraud and irregularities  ................................ ..............................  51 
3. ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL/INITIATIVE  ............  52 EN 44  EN 3.1. Heading(s) of the multiannual financial framework and expenditure budget line(s) 
affected  ................................ ................................ ................................ .......................  52 
3.2. Estimated financial impact of the proposal on appropriations  ................................ ... 53 
3.2.1.  Summary of estimated impact on operational appropriations ................................ .... 53 
3.2.2.  Estimated output funded with operational appropriations  ................................ .........  55 
3.2.3.  Summary of estimated impact on administrative appropriations  ...............................  56 
3.2.4.  Compatibility with the current multiannual financial framework ..............................  58 
3.2.5.  Third -party contributions  ................................ ................................ ...........................  58 
3.3. Estimated impact on revenue  ................................ ................................ .....................  59 
TOC  
1. FRAMEWORK  OF THE  PROPOSAL/INITIATIVE   
1.1. Title of the proposal/initiative  
Proposal for a Regulation of the European Parliament and of the Council on 
fluorinated greenhouse gases repealing Regulation (EU) No 517/2014  
1.2. Policy area(s) concerned   
Climate Action  
Heading 3 Natural Resources and Environment  
Title 9 – Environment and Climate Action  
1.3. The proposal/initiative relates to:  
 a new action   
 a new action following a pilot project/preparatory action47  
 the extension of an existing action   
 a merger or redirection of one or more actions towards another/a new action   
1.4. Objective(s)  
1.4.1.  General objective(s)  
The proposed EU F -gas Regulation is having the general objective to:  
– Prevent F -gas emissions, thereby contributing to EU climate objectives;  
– Ensure compliance regarding obligations related to hydrofluorocarbons (HFCs) 
under the Montreal Protocol on substances that deplete the o zone layer . 
1.4.2.  Specific (review) objective(s)  
The specific objectives for the review of Regulation (EU) No 517/2014 on 
fluorinated greenhouse gases (the F -gas Regulation):  
– Achieve additional F -gas emission reductions to contribute more to reaching 
the at least minus 55% target by 2030 and carbon neutrality by 2050.  
                                                 
47 As referred to in Article 58(2)(a) or (b) of the Financial Regulation.  EN 45  EN – Fully align EU rules on F -gases with the Montreal Protocol to prevent non -
compliance.  
– Facilitate enhanced impl ementation and enforcement, the functioning of the 
quota system and promote training on F -gas alternatives.    
– Improve monitoring and reporting to fill existing gaps and improve process and 
data quality for compliance.  
– Improve clarity and internal coheren ce to support better implementation and 
understanding of the rules.  
1.4.3.  Expected result(s) and impact  
Specify the effects which the proposal/initiative should have on the beneficiaries/groups targeted.  
Specific review objective A:  
Cumulative emission savings of ca. 40 Million tonnes of CO 2 equivalent by 2030 and 
ca. 310 Million tonnes of CO 2 equivalent by 2050, in addition to those savings 
already anticipated by the current F -gas Regulation. The proposed changes will lead 
to cost savings overall and in  many sub -sectors of the economy and they will 
promote innovation and green technologies and some sectors will profit from higher 
output, research and employment in the long run.  
Specific review objective B:  
Full compliance with the Montreal Protocol as re gards obligations related to 
hydrofluorocarbons.  
Specific review objective C:  
Illegal activities will be reduced, notably due to more precise rules in relation to 
imports of hydrofluorocarbons as well as a shift from quota allocation for free to 
requiring a price for the quota allocated (€ 3/ per tonnes of CO 2 equivalent). Some of 
the new measures will moderately increase the administrative burden for industry 
and authorities in Member States. Furthermore, the implementation of quota price 
will reduce the b enefit obtained by quota holders from a price difference between the 
EU and the world market for hydrofluorocarbons. The implementation of the quota 
price will significantly increase the burden on the Commission on top of the already 
extensive efforts to h ost, develop, maintain and operate the quota system and 
implement the Montreal Protocol licencing requirements for both F -gases and Ozone 
depleting substances.  
Specific review objective D:  
The monitoring will be more comprehensive, making it possible to assess progress as 
well as identifying future threats. It will also be more efficient by aligning thresholds 
and dates on reporting and verification obligations, as well as digitising the process.  
Specific review objective No E:  
Better compliance with the  Regulation and synergies with other policies.  
1.4.4.  Indicators of performance  
Specify the indicators for monitoring progress and achievements.  
Objective A: Comparing the emission level modelled by 2030 with the actual 
emissions as reported under Regulati on (EU) No 525/2013;  EN 46  EN Objective B: Avoidance of any decision by the Implementing Committee of the 
Montreal Protocol regarding compliance of the EU and its Member States with 
Montreal Protocol’s rules regarding hydrofluorocarbons;  
Objective C: Data collect ed on the workings of the quota system as well as industry 
and Member States’ feedback, including their perceived level of illegal activities;  
Objective D: Stakeholder and Member States’ feedback on the reporting process and 
experience with compliance che cking;  
Objective E: Stakeholder and Member States’ feedback on the perceived clarity and 
coherence with other policies.  
1.5. Grounds for the proposal/initiative  
1.5.1.  Requirement(s) to be met in the short or long term including a detailed timeline for 
roll-out of the implementation of the initiative  
In 2021, the EU increased its climate ambition through Regulation (EU) 2021/1119  
(the European Climate Law ). This law establishes a binding overall net greenhouse 
gas (GHG) reduction target of at least 55% by  2030 compared to 1990 and climate 
neutrality by 2050. The law is based on the 2030 Climate Target Plan48 that 
underlines that climate action is required in all sectors and that all policy 
instruments relevant for the decarbonisation of our economy must wor k in 
coherence . To this end, the Commission has proposed to increase the binding annual 
GHG emission targets for Member States from 2021 to 2030 for sectors not covered 
by the existing EU Emissions Trading System (ETS) in its proposal to amend 
Regulation ( EU) 2018/842 ( the Effort Sharing Regulation).49  
F-gas emissions are highly warming greenhouse gases that count under the national 
GHG emission targets for Member States. Today F -gas emissions represent almost 
5% of all GHG emissions covered by their target s. The proposed F -gas Regulation 
will further support Member States in their efforts to reach their national 
greenhouse gas emission targets  in the most cost -effective way. The proposed 
Regulation is following the same approaches as the current Regulation because it is 
generally considered to be quite effective. Still it would be a missed opportunity to 
not exploit an unused potential to further reduce F - gas emissions at moderate costs. 
It is also necessary to ensure full compliance with the Kigali Amendme nt to the 
Montreal Protocol, which was agreed internationally after the adoption of the current 
F-gas Regulation. Finally, there is a need to ensure that the Regulation can be 
enforced more effectively and efficiently.  
The Regulation is directly appliable  in all  Member  States  and will require them to 
update training and certification programmes in line with the revised implementing 
acts within 1 years after the date of application of the Regulation. Member States will 
also have to adjust their penalties fo r infringments of the F -gas Regulation within 1 
year after the date of applicaton of the Regualtion. The obligations for competent 
authorities, including customs and surveillance authorities, are clarified in the 
reviewed Regulation to improve controls and  enforcement.  
                                                 
48 Communication from the Commission to the European Parliament, the Council, The European 
Economic and Social Committee and the Committee of the Regions Stepping  up Europe’s 2030 Climate 
ambition Investing in a climate -neutral future for the benefit of our future, COM(2020) 562 final.  
49 Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EU) 
2018/842 on binding annual green house gas emission reductions by Member States from 2021 to 2030 
contributing to climate action to meet commitments under the Paris Agreement, COM(2021) 555 final  EN 47  EN The European Environemental Agency (EEA)  must sligthly adapt their reporting 
tool for undertakings reporting on F -gases, due to changes in the reporting 
requirements.  
The Commission  must continue to ensure full implementation of the quota and  trade 
licencing system for hydrofluorocarbons, which currently covers around 5000 
undertakings. Assuming that the proposed Regulation will become applicable from 
2024 the Commission must ensure the following:    
2023 - 2024:  
– Continuous hosting, operation, maintenance of the F -gas Portal and HFC 
Licensing System and developments related to data exchanges between the F -
gas Portal and HFC Licensing System and Member States’ customs IT systems 
via DG TAXUD’s EU Customs Single Window Exchange System w hich is a 
central component of the European Union Single Window Environment for 
Customs as well as appropriate data security measures.  
– Ascertaining the interlinks with the reporting module hosted at EEA and 
further development as needed due to the review, in particular the electroning 
verification module.  
– Prepairing IT developments of the F -gas Portal and HFC Licensing System to 
complement the current IT system with new functionalites to implement the 
changes envisaged if the proposed Regulation and seconda ry legislation, 
notably the quota payment process and improving links with the ODS 
Regulation.  
– Operational and administrative efforts related to preparing changes in quota 
allocation and registration requirements, including the collection of revenues.   
– Adoption of the relevant implementing measures.  
– 2025:  
– Further development of the F -gas Portal and HFC Licensing System and entry 
into operation of the new functionalities.  
– Putting into operation and start of new verfication module.  
– Continuation of tasks r elated to the data exchanges with the European Union 
Single Window Environment for Customs and EEA reporting module.  
– Preparation of and implementation of the new proposed quota allocation and 
the process for collecting the revenue.  
– 2026 – and later:  
– Full implementation of the revised HFC quota system and F -gas Portal and 
HFC Licensing System.  
– IT maintaince of the F -gas Portal and HFC Licensing System.   
– A sufficient and stable level of resources is needed to ensure the proper 
implementation and functioning  of the systems that are required to ensure full 
compliance with the Montreal Protocol.  
Considering that quota holders are benefiting from the quota allocated to them, it 
appears appropriate that the revenue resulting from the quota price, once available,  is 
used to cover the costs of implementing the system. Moreover, due to the EN 48  EN requirements of the Montreal Protocol for both hydrofluorocarbons and ozone 
depleting substances (ODS), necessary links to the European Union Single Window 
Environment for Customs  and facilitation of better enforcement, it is proposed that 
the revenue from quota sale is being used to cover costs related to these required 
activities. The remaining revenue is proposed to be returned to the EU Budget as 
non-assigned revenue. Until a q uota allocation revenue has been generated, 
implementation costs will have to be carried by the Commission.  
1.5.2.  Added value of Union involvement (it may result from different factors, e.g. 
coordination gains, legal certainty, greater effectiveness or co mplementarities). For 
the purposes of this point 'added value of Union involvement' is the value resulting 
from Union intervention, which is additional to the value that would have been 
otherwise created by Member States alone.  
The measures in the Regulation relate to products and equipment which are traded in 
the EU single market. The measures also relate to the need to comply with Montreal 
Protocol obligations at EU level. It is not only most effective to take these measures 
at EU level but it wou ld practically be unfeasible to safeguard Montreal Protocol 
compliance through 27 different national rules and trade licensing systems. This is 
fully confirmed by the evaluation (Annex 5 of the impact assessment).  
1.5.3.  Lessons learned from similar experi ences in the past  
The current F -gas Regulation was adopted in 2014 and is building on the first F -gas 
Regulation from 2006. The evaluation of the current F -gas Regulation shows that it 
has been mostly effective.  
However, there are some challenges that nee d to be addressed (see specific review 
objectives above) . This proposal is targeting these issues with various measures 
based on lessons learned .  
As regards the implementation of the quota and licencing system, enforcement 
challenges and an unsatisfactory  level of illegal imports have been posing risks to the 
environmental integrity, the competitiveness of genuine traders and to the reputation 
of the EU. Moreover, the administration efforts needed by the Commission to 
implement the current Regulation were severely underestimated because:  
– There was an unforeseen steep increase in quota holders (from 100 to around 
2000 importers of hydrofluorocarbons).  
– Importers of equipment containing hydrofluorocarbons were included during 
the co -decision procedure (additional 3000 undertakings).  
– Illegal imports required many actions, including extensive work to prepare for 
links to the European Union Single Window En vironment for Customs.  
– Continuous need to step up IT security.  
The Commission has so far redeployed resources and relied on procurement of 
services from the market. However, this is not a sustainable long -term solution 
considering that new measures in this  proposal are demanding even more resources 
for the implementation by the Commission at EU level.  EN 49  EN 1.5.4.  Compatibility with the Multiannual Financial Framework and possible synergies 
with other appropriate instruments  
The proposal will not demand additiona l resources from the EU budget. On the 
contrary, once the quota price is being collected the quota system will start 
generating an annual revenue from the sale of quota that will largely exceed the 
amounts needed to cover all the expenses for the operation , maintenance and 
development of the quota system for hydrofluorocarbons and the trade licensing 
required by the Montreal Protocol as well as the necessary links to the European 
Union Single Window Environment for Customs.  
The substantial residual revenue after having covered these IT and administrative 
costs will be entered into the Union budget as non -assigned revenue.  
The maximum  revenue from the sale of quota (€ 3 per tonnes of CO 2 equivalent) is 
gradually being reduced from € 125 million in 2024 to € 2 0 million in 2036, see table 
in section 3.3.  
1.5.5.  Assessment of the different available financing options, including scope for 
redeployment  
It is proposed that until a revenue from the quota sale will materialise, the 
Commission will continue ensuring the implementation of the HFC quota system and 
the trade licencing systems for HFCs and ODS required under the Montreal Protocol 
through redeployment of resources. Once the revenue is available, part of the tasks 
relevant for the implementation will be fin anced by the sale of quota to the 
undertakings that are using and benefitting from the system.  
 EN 50  EN 1.6. Duration and financial impact of the proposal/initiative  
 limited duration  
–  in effect from [DD/MM]YYYY to [DD/MM]YYYY  
–  Financial impact from YYYY to YYYY for commitment appropriations and 
from YYYY to YYYY for payment appropriations.  
 unlimited duration  
 Implementation with a start -up period from 2023 to 2025,  
 followed by full -scale operation.  
1.7. Management mode(s) planned50  
 Direct management  by the Commission  
–  by its departments, including by its staff in the Union delegations;  
–  by the executive agencies  
 Shared management  with the Member States  
 Indirect management  by entrusting budget implementation tasks to:  
–  third countries or the  bodies they have designated;  
–  international organisations and their agencies (to be specified);  
–  the EIB and the European Investment Fund;  
–  bodies referred to in Articles 70 and 71 of the Financial Regulation;  
–  public law bodies;  
–  bodies governed by private law with a public service mission to the extent that 
they provide adequate financial guarantees;  
–  bodies governed by the private law of a Member State that are entrusted with 
the implementation of a public -private partnership and that provide adeq uate 
financial guarantees;  
–  persons entrusted with the implementation of specific actions in the CFSP 
pursuant to Title V of the TEU, and identified in the relevant basic act.  
– If more than one management mode is indicated, please provide details in the ‘Comments’ section.  
Comments  
For the reporting required in Article 26 of the proposal the EEA is tasked with the 
implementation.  
2. MANAGEMENT  MEASURES   
2.1. Monitoring and reporting rules  
Specify frequency and conditions.  
The rules on monitoring and evaluation are described in Articles 26 and 34 of the 
proposed F -gas Regulation.  
                                                 
50 Details of management modes and references to the Financial Regulation may be found on the 
BudgWeb site: 
https://myintracomm.ec.europa.eu/budgweb/EN/man/budgmanag/Pages/budgmanag.aspx   EN 51  EN The Commission will also continue to monitor and evaluate progress on the 
application of the F -gas Regulation, which requires undertakings subject to the 
reporting obligations  to submit to the Commission an annual report of their activities 
under certain thresholds.  
EEA will continue to run the Business Data Repository (BDR) through which both 
the companies' reports to the Commission are submitted and the Montreal reporting 
at EU level is carried out.  
Finally, the Commission regularly carries out studies on various pertinent aspects of 
EU climate policy.  
2.2. Management and control system(s)  
2.2.1.  Justification of the management mode(s), the funding implementation mechanism( s), 
the payment modalities and the control strategy proposed  
The implementation of this proposal will require the redeployment of human 
resources within the Commission (for the preparatory phase 2023 -2025) whereas 
following the implementation of the new pr oposed quota allocation, revenue 
collection process and collection of revenue, as well as potentially other related 
tasks, resources needed to cover the management costs should be funded by the 
revenues.  
2.2.2.  Information concerning the risks identified and the internal control system(s) set up 
to mitigate them  
Difficulties with timely upgrading of the IT systems.  
From the experience gained during the development and operations of the current F -
gas Portal and HFC Licencing System, it can be anticipated th at a crucial factor for a 
successful adjustment will be the timely further development of the system, 
including the set -up of the revenue collection system.  
To the degree possible, an outsourcing of the revenue collection and related tasks 
should be envis aged to minimise risks.  
The Commission will continue to ensure that procedures are in place to monitor the 
development of the F -gas Portal and HFC Licencing System in light of objectives 
relating to planning and costs and to monitor the functioning of the F -gas Portal and 
HFC Lic encing System, including its integration in the European Union Single 
Window Environment for Customs, in light of objectives relating to the technical 
output, cost -effectiveness, security and quality of  service.  
2.2.3.  Estimation and justification of the cost-effectiveness of the controls (ratio of "control 
costs ÷ value of the related funds managed"), and assessment of the expected levels 
of risk of error (at payment & at closure)  
This proposal does not bring about new significant controls/risks that wou ld not be 
covered be an existing internal control framework. No specific measures beyond the 
application of the Financial Regulation have been envisaged.  
2.3. Measures to prevent fraud and irregularities  
Specify existing or envisaged prevention and prote ction measures, e.g. from the Anti -Fraud Strategy.  
 
DG CLIMA’s fraud prevention and detection strategy will apply.  EN 52  EN 3. ESTIMATED  FINANCIAL  IMPACT  OF THE  PROPOSAL/INITIATIVE   
3.1. Heading(s) of the multiannual financial framework a nd expenditure budget 
line(s) affected  
 Existing budget lines  
In order  of multiannual financial framework headings and budget lines.  
Heading of 
multiannual 
financial 
framework  Budget line  Type of  Contribution  
Number  Diff./Non -
diff.[1]  from EFTA 
countries[2]  from 
candidate 
countries[3]  from third 
countries  within the 
meaning of 
Article  21(2)(b) 
of the Financial 
Regulation  
3 09 01 01 01  Non-diff. YES  NO NO NO 
3 09 02 03  Diff.  YES  NO NO NO 
7 20 02 06 01  Non-diff. NO NO NO NO 
7 20 02 06 02  Non-diff. NO NO NO NO 
 
 New budget lines requested : n/a   
EN 53  EN 3.2. Estimated financial impact of the proposal on appropriations  
3.2.1.  Summary of estimated impact on operational appropriations  
–  The proposal/initiative does not require the use of operational appropriations  
–  The proposal/initiative requires the use of operational appropriations, as explained below:  
         DG: CLIMA    2023   2024  2025  2026  2027  TOTAL  
Operational appropriations   
 09 02 03   Commitments   (1)                   
0,541                   
0,410                   
0,280                          
0,200                   
0,200                   
1,631  
 Payments   (2)                   
0,541                   
0,410                   
0,280                          
0,200                   
0,200                   
1,631  
Appropriations of an administrative nature financed from the envelope of specific programmes  
 09 01 01 01     (3)                   
0,560                   
0,840                   
0,840                          
0,840                   
0,560                   
3,640  
 TOTAL appropriations DG CLIMA   Commitments   = 1 + 3                   
1,101                   
1,250                   
1,120                          
1,040                   
0,760                   
5,271  
 Payments   = 2 + 3                   
1,101                   
1,250                   
1,120                          
1,040                   
0,760                   
5,271  
         
TOTAL operational appropriations  Commitments  (4)                  
0,541                   
0,410                   
0,280                          
0,200                   
0,200                   
1,631  
Payments  (5)                  
0,541                   
0,410                   
0,280                          
0,200                   
0,200                   
1,631  
TOTAL appropriations of an administrative nature 
financed from the envelope for specific programmes  (6)  0,560   0,840   0,840   0,840   0,560   3,640  
TOTAL appropriations under 
HEADING 3 of the multiannual 
financial framework   Commitments   = 4 + 6  1,101  1,250  1,120  1,04 0,76 5,271  
 Payments   = 5 + 6  1,101  1,250  1,120  1,04 0,76 5,271  
 
TOTAL appropriations under 
HEADINGS 1 to 6  
of the multiannual financial 
framework (Reference amount)  Commitments  = 4+ 6  1,101  1,250  1,120  1,040  0,760  5,271  
Payments  = 5+ 6  1,101  1,250  1,120  1,040  0,760  5,271  
  
EN 54  EN Heading of multiannual financial  
framework  7 ‘Administrative expenditure’  
This section should be filled in using the 'budget data of an administrative nature' to be firstly introduced in the Annex to the Legislative 
Financial Statement  (Annex V to the internal rules), which is uploaded to DECIDE for interservice consultation purposes.  
EUR million (to three decimal places)  
Heading of multiannual financial framework  7 ‘Administrative expenditure’  
               2023   2024  2025  2026  2027  TOTAL  
DG: CLIMA    
Human resources (voted budget)                                        
0,785                      
1,452                            
1,452                            
0,942                            
0,942                                      
5,573  
Human resources (external staff paid from 
assigned revenues)                                  
-                                    
-                                    
-    0,510  0,510  1,020  
Other administrative expenditure   0,008  0,008  0,004  -                           -                     0,020  
TOTAL DG CLIMA  Appropriations                   
0,793                   
1,460  1,456  1,452                   1,452                   6,613  
         TOTAL appropriations 
under HEADING  7 of the 
multiannual financial 
framework  (Total 
commitments = 
Total payments)  0,793  1,460  1,456  1,452                   1,452                   6,613  
EUR million (to three decimal places)  
   2023  2024  2025  2026  2027  TOTAL  
TOTAL appropriations 
under HEADINGS 1 to 
7 of the multiannual 
financial framework  Commitments                 1,894    2,710    2,576    2,492                   2,212                 11,884   
Payments                 1,894    2,710    2,576    2,492                   2,212                 11,884     
EN 55  EN  
 
3.2.2.  Estimated output funded with operational appropriations  
Commitment appropriations in EUR million (to three decimal places)  
      2023  2024  2025  2026  2027  total  
Indicate objectives and 
outputs  OUTPUTS                            
Type[1]  Average 
cost 
No Cost 
No Cost 
No Cost 
No Cost 
No Cost 
No Cost 
Design and further 
development of the IT system 
of the F -gas Portal and 
Licensing System  QTM or service 
contracts  0,140  
2  0,280  2 0,280    0,000    0,000    -      0,560  
Development of the F -gas 
Portal and HFC Licensing 
System and entry into 
operation of the new 
functionalities, including the 
implementation of the quota 
allocation and sale process  QTM or service 
contracts  0,140  
2  0,280  4 0,560  6 0,840  6 0,840  4 0,560     3,080  
EU CSW -CERTEX/EU Single 
Window Environment for 
Customs51 MoU TAXUD   
  0,541  
   0,410  
   0,280  
   0,200    0,200    1,631  
TOTALS  4 1,101  6 1,250  6 1,120  6 1,040  4 0,760  0 5,271  
 
                                                 
51 From 2026 onwards an annual maintenance costs of 0,200 EUR mil lion is envisaged to maintain the interconnection with the EU CSW -CERTEX/EU Single Window 
Environment for Customs  
  
EN 56  EN 3.2.3.  Summary of estimated impact on administrative appropriations  
–  The proposal/initiative does not require the use of appropriations of an 
administrative nature  
–  The proposal/initiative requires the use of appropriations of an administrative 
nature, as explained below:  
EUR million (to three decimal places)  
 2023  2024  2025  2026  2027  TOTAL  
HEADING 7  
of the multiannual 
financial framework        
Human resources 
(voted budget)                                        
0,785                      
1,452                            
1,452                            
0,942                            
0,942                                      
5,573  
Human resources 
(external staff paid 
from assigned 
revenues)                                  
-                                    
-                                    
-    0,510  0,510  1,020  
Other administrative 
expenditure                                        
0,008                      
0,008                            
0,004                                  
-                                    
-                                        
0,020  
Subtotal HEADING 
7 
of the multiannual 
financial framework                                        
0,793                      
1,460                            
1,456                            
1,452                            
1,452                                      
6,613  
 
Outside HEADING 
752 
of the multiannual 
financial framework  
       
Human resources                                              
-                              
-                                    
-                                    
-                                    
-                                             
-    
Other expenditure  
of an administrative 
nature                                        
0,560                      
0,840                            
0,840                            
0,840                            
0,560                                      
3,640  
Subtotal  
outside HEADING 
7 
of the multiannual 
financial framework                                        
0,560                      
0,840                            
0,840                            
0,840                            
0,560                                      
3,640  
 
TOTAL                                        
1,353                      
2,300                            
2,296                            
2,292                            
2,012                                    
10,253  
The appropriations required for human resources and other expenditure of an administrative nature will be met by 
appropriations from the DG that are already assigned to management of the action and/or have been redeployed within the 
DG, together if necessary with any additional allocation which may be granted to the managing DG under the annual 
allocation procedure and in the light of budgetary constraints.  
                                                 
52 Technical and/or administrative assistance and expenditure in support of the implementation of EU  programmes 
and/or actions (former ‘BA’ li nes), indirect research, direct research.   
EN 57  EN 3.2.3.1.  Estimated requirements of human resources  
–  The proposal/initiative does not require the use of human resources.  
–  The proposal/initiative requires the use of human resources, as explaine d 
below:  
Estimate to be expressed in full time equivalent units  
 2023  2024  2025  2026  2027  
 Establishment plan posts (officials and temporary staff)  
20 01 02 01  (Headquarters and Commission’s 
Representation Offices)  5 6 6 6 6 
20 01 02 03 (Delegations)       
01 01 01 01   (Indirect research)       
 01 01 01 11 (Direct research)       
Other budget lines (specify)       
 External staff (in Full Time Equivalent unit: FTE)53 
 
20 02 01  (AC, END, INT from the ‘global envelope’)  0 6 6   
20 02 01  (AC, END, INT from ‘assigned revenues’)     6 6 
20 02 03 (AC, AL, END, INT and JPD in the 
delegations)       
XX 01  xx yy zz  54 
 - at Headquarters  
      
- in Delegations       
01 01 01 02  (AC, END, INT - Indirect research)       
 01 01 01 12 (AC, END, INT - Direct research)       
Other budget lines (specify)       
TOTAL  5 12 12 12 12 
The human resources required will be met by staff from the DG who are already assigned to management of the 
action and/or have been redeployed within the DG, together if necessary with any additional allocation which 
may be granted to the managing DG under the annual allocation procedure and in the light of budgetary 
constraints.  
Description of tasks to be carried out:  
Officials and temporary sta ff Implementation of a tighter phase -down, including on production, alignment with 
international obligations and a more comprehensive and complex legislation on 
prohibitions  
External staff  Assisting on the operational management of the quota and licensing system including 
pricing  
                                                 
53 AC= Contract Staff; AL = Local Staff; END= Seconded National Expert; INT = agency staff; 
JPD=  Junior Professionals in Delegations.  
54 Sub-ceiling for external staff covered by operational appropriations (former ‘ BA’ lines).   
EN 58  EN 3.2.4.  Compatibility with the current multiannual financial framework  
The proposal/initiative:  
–  can be fully financed through redeployment within the relevant heading of the 
Multiannual Financi al Framework (MFF).  
The necessary financial resources will be found in the envelope of the LIFE 
programme and/or revenue generated by the quota allocation price.  
–  requires use of the unallocated margin under the relevant heading of the MFF 
and/or use of the special instruments as defined in the MFF Regulation.  
.. 
–  requires a revision of the MFF.  
.. 
3.2.5.  Third -party contributions  
The proposal/initiative:  
–  does not provide for co -financing by third parties  
–  provides for the co -financing by third parties estimated below:  
 
  
EN 59  EN 3.3. Estimated impact on revenue  
–  The proposal/initiative has no financial impact on revenue.  
–  The proposal/initiative has the following financial impact:  
–  on own resources  
–  on other revenue  
– please indicate, if the revenue  is assigned to expenditure lines x
  
     EUR million (to three decimal places)  
Budget revenue line:  Appropriations 
available for 
the current 
financial year  Impact of the proposal/initiative55 
2023 2024 2025 2026 2027 
Article 6 2 1 1  
Programme for the 
Environment and Climate 
Action - Assigned revenue  - - 125,000  125,000  125,000  53,000  
For assigned revenue, specify the budget expenditure line(s) affected.  
20 02 01 - (AC, END, INT from the ‘global envelope’)  
09 01 01 01 - Support expenditure for the Programme for the Environment and 
Climate Action (LIFE)  
09 02 03 – Climate action mitigation and adaptation  
Other remarks (e.g. method/formula used for calculating the impact on revenue or any other 
information).  
The budget shall include the revenue generated by the quota allocation price. It is 
proposed that the further development, operation, maintenance and IT security of the 
HFC quota system – including a new quota sale module – and the F -gas and ODS 
licencing system required under the Montreal Pr otocol as well as necessary links to 
the European Union Single Window Environment for Customs and facilitation of 
better enforcement will be financed by the revenue collected.  
The residual revenue after having covered these IT and administrative costs will  be 
entered into the Union budget as non -assigned revenue.  
The maximum  revenue from the sale of quota at a price of € 3 per tonne of CO 2 
equivalent is given in the table below. The actual revenue will be somewhat lower 
because a (minor) part of overall quo ta will still be allocated for free. The split 
between paid quota and free quota will not be known in advance, but still it is 
expected that a very high share of the maximum quota amount will be allocated 
against payment. It is proposed that the Commission  may change the fixed quota 
price if needed due to very specific circumstances.  
Maximum estimated annual revenue in million €:  
2025 - 2026   125 
2027 - 2029   53 
                                                 
55 As regards traditional own resources (customs duties, sugar levies), the amounts indicated must be net 
amounts, i.e. gross amounts after deduction of 20  % for collection costs.   
EN 60  EN 2030 - 2032   27 
2033 - 2035   25 
2036 - 2038   20