OLCPU

Please note that when the European Commission allocates HFC quotas for 2026 this year, companies will be required to pay EUR 3 per tonne of CO₂ equivalent for the first time for the quota they wish to receive.

In mid-September 2025, the Commission plans to upload detailed information for each bulk HFC importer/producer eligible for a 2026 quota allocation to the fluorinated greenhouse gases portal. Only these companies will receive an email notification to the email addresses registered on the fluorinated greenhouse gas portal once this information has been uploaded. This information will include:

· “calculated maximum quota in tons of CO₂ equivalent” for 2026, to which the company is eligible;

· “calculated maximum payment in EUR” corresponding to the calculated maximum quota in tons of CO₂ equivalent that the company may pay.

· exact payment period (planned for 4 weeks in September/October 2025);

· other payment details and bank details.

After the payment deadline, the Commission will calculate and load the final quota allocation for each eligible company in accordance with the method set out in Article 17(5) of Regulation (EU) 2024/573. This means, among other things:

· A company that has not made any payments during the payment period will receive a zero quota.

· An undertaking that has paid only part of the calculated maximum quota amount on time will receive a final quota allocation for 2026 corresponding to the amount paid, i.e., the amount paid in EUR divided by EUR 3 (rounded down).

· An undertaking that makes the full “calculated maximum payment in EUR” during the payment period is entitled to the “calculated maximum quota in tons of CO2 equivalent and the part of the calculated maximum quota that other undertakings have decided not to pay (see the two points above) if it also has a valid quota declaration (Article 17(5) of Regulation (EU) 2024/573).

For more information, please see the frequently asked questions. (EC websites can be machine-translated into another official EU language. To do this, scroll to the top of the website, click on the appropriate icon in the top bar, and select the language you want.)

(19 VII 2025)

Are you a service technician or operator of refrigeration equipment? Be careful. Counterfeit refrigerants are a real and increasingly common threat!

Refrigerants with falsified composition are increasingly appearing on the market, particularly those labeled as R449A, R448A, and R452A. Although they are offered as genuine products, in reality they are often mixtures of gases with unverified composition and significantly higher GWP, which do not meet quality requirements and are banned from use in the EU.

Their use may lead to system failure, loss of warranty, and even criminal liability.

What are the consequences?

For service technicians:

• Financial and criminal liability for damage to installations
• Criminal liability for the use of prohibited substances
• Loss of customer trust and company reputation

For operators:

• Refrigeration system failures
• Bearing the costs of disposal of counterfeit refrigerant ·
• Environmental fees for emissions

What can you do?

• Work only with trusted suppliers of materials and services.
• Be cautious if the price is suspiciously low.
• Report unreliable sources – you’re helping the entire industry

If you have serious concerns about the quality or legality of the origin, you can report it anonymously at: www.bezpiecznehfc.pl

Don’t be fooled. Don’t take risks. Check.

Act consciously – for your own safety, your business, and the environment.

(7 VII 2025)

In 2025, we will celebrate the 40th anniversary of the Vienna Convention for the Protection of the Ozone Layer – a landmark international agreement adopted in 1985 that launched global efforts to protect the atmosphere.

The Vienna Convention, followed by the Montreal Protocol (1987), are examples of effective international cooperation based on scientific evidence and the precautionary principle. Thanks to their implementation, 99% of ozone-depleting substances have been phased out, contributing to the gradual recovery of the ozone layer.

In addition to the benefits for human health and the environment, these measures also had a huge impact on climate protection – billions of tons of CO₂ equivalent emissions were avoided and the first ice-free summer in the Arctic was delayed by around 15 years.

In 2024, during a joint meeting of the Parties to the Vienna Convention and the Montreal Protocol, decisions were adopted to strengthen atmospheric monitoring and improve the detection of unexpected emissions. Another important direction is cooperation with other environmental conventions (Basel, Rotterdam, Stockholm), as well as with programs on energy efficiency and sustainable refrigeration.

The upcoming anniversaries—the 10th anniversary of the Kigali Amendment to the Montreal Protocol (2026) and the 40th anniversary of the Montreal Protocol (2027)—provide an opportunity to further strengthen global and national climate and environmental protection efforts.

(23 VI 2025)

Please be advised that a document in the form of FAQs, prepared by the European Commission, is now available. It contains answers to frequently asked questions concerning the interpretation of the provisions of Regulation (EU) 2024/573 of the European Parliament and of the Council on fluorinated greenhouse gases in relation to electrical switchgear.

(13 VI 2025)

The European Commission has announced that due to unforeseen delays in the launch of the new electronic report verification system, the current verification system, which has also been used in previous years, will be used for the current reporting year (2024). The new system will not be available until 2026, for the verification of reports for 2025.

(24 IV 2025)

In order to facilitate annual reporting to the BDR system maintained by the European Commission, we provide instructions and supporting materials:

F-gas reporting

The data reporting instructions are available here.

Under the link: FAQ – F-gases, you will find a document with frequently asked questions about submitting annual reports.

Reporting on SZWO

The data reporting instructions are available here.

Under the link: FAQ – SZWO, you will find a document with frequently asked questions about submitting annual reports.

(13 III 2025)

The European Commission has announced that reports on fluorinated greenhouse gases (F-gases) referred to in Article 26 of Regulation (EU) 2024/573 of the European Parliament and of the Council may be submitted from March 4, 2025.

Who should submit the report?

• A manufacturer, importer, or exporter who, in the previous calendar year, manufactured, imported, or exported HFCs or more than one metric ton or 100 tons of CO2 equivalent of other F-gases.
• A manufacturer or importer who has been allocated quotas pursuant to Article 17(4) or to whom quotas have been transferred pursuant to Article 21(1) of Regulation (EU) 2024/573 of the European Parliament and of the Council (EU) 2024/573, but who did not place any quantities of HFCs on the market in the previous calendar year, shall submit a so-called declaration of no reporting obligation.
• An entity that destroyed HFCs or more than one metric ton or 100 tons of CO2 equivalent of other F-gases in the previous calendar year.
• An entity that, in the previous calendar year, used at least 1,000 tons of CO2 equivalent of F-gases specified in Annex I to Regulation (EU) 2024/573 of the European Parliament and of the Council as a substrate.
• An entity that placed at least 10 tons of CO2 equivalent of HFCs or at least 100 tons of CO2 equivalent of other F-gases contained in products or equipment on the market in the previous calendar year.
• An entity that has received any quantities of HFCs referred to in Article 16(2) of Regulation (EU) 2024/573 of the European Parliament and of the Council
• A manufacturer or importer who has placed HFCs on the market for the purpose of manufacturing pressurized metered-dose inhalers for the delivery of pharmaceutical ingredients.
• An entity that has recycled quantities exceeding one metric ton or 100 tons of CO2 equivalent of F-gases

Who should submit the independent auditor’s report verifying the report to the BDR?

• An importer of equipment who has placed on the market pre-filled equipment referred to in Article 19 of Regulation (EU) 2024/573 of the European Parliament and of the Council containing at least 1,000 tons of CO2 equivalent HFCs, where those HFCs were not placed on the market before being contained in the equipment.

A verification report is required for the placing on the market of pre-filled equipment containing at least 10 tons of CO2 equivalent HFC, but the obligation to submit it only applies to quantities of at least 1,000 tons of CO2 equivalent HFC.

• An entity that placed at least 1,000 tons of CO2 equivalent HFCs on the market in the previous calendar year.

When should the reports be submitted?

The report for 2024 must be submitted by March 31, 2025, via the Business Data Repository (BDR) system – an online reporting system managed by the European Environment Agency, available at https://bdr.eionet.europa.eu/.

The independent auditor’s verification report must be submitted by April 30, 2025.

In order to submit a report, the entity must first register on the F-gas Portal available at https://fgas-licensing.ec.europa.eu.

For more information on registering with the F-gas Portal, please visit the following link:

https://climate.ec.europa.eu/eu-action/fluorinated-greenhouse-gases/f-gas-portal_en

(6 III 2025)

The European Commission has published updated guidelines on the registration of entities based in the European Union on the F-Gas Portal [download here].

Guidelines on the registration process for independent auditors on the F-gas Portal are also available [here].

(26 II 2025)

In order to ensure the timely and effective implementation of the amended reporting and verification obligations under Regulation (EU) 2024/573, independent auditors should register on the F-gas Portal as soon as possible. This registration is a prerequisite for verifying companies’ annual reports in accordance with Articles 19(3) and 26(8) of Regulation (EU) 2024/573.

The registration process should be completed as soon as possible, as it may take several days, or even longer in the case of incomplete or incorrect applications. Only auditors with a VALID registration on the F-gas Portal will be able to carry out the verification, which expires on 30 April.

The European Commission has published a document containing a detailed description of the auditor registration process on the F-Gas Portal, available at the following link: https://climate.ec.europa.eu/eu-action/fluorinated-greenhouse-gases/documentation/guidance_en#paragraph_3298

The process of verifying reports by independent auditors:

· By 31 March – companies must submit their annual reports to the Business Data Repository (BDR) system.

· After submitting the report, the company selects a pre-agreed auditor by entering their ID in the F-gas Portal (the auditor must already be registered).

· The BDR system generates a link to the report, which the company forwards to the auditor.

· The auditor uses the link provided to access the report and verifies it.

· By 30 April – the company must submit a report on the verification of the report to the BDR.

(24 II 2025)

To mark Valentine’s Day, the Ozone Secretariat has prepared a special series of posters under the slogan ‘Love for Our Planet’. The aim of this initiative is to promote care for our planet and raise environmental awareness.

The posters can be downloaded below:

Poster 1 2 Poster 3 Poster 4 Poster 5

(14 II 2025)

Please be advised that a presentation on the obligations of entities related to registration on the fluorinated greenhouse gases portal (F-gas Portal) is now available. This presentation discusses the provisions contained in Regulation (EU) 2024/573 of the European Parliament and of the Council and Commission Implementing Regulation (EU) 2024/2473, which was presented during a webinar organised by the PROZON Climate Protection Foundation [download here].

(11 XII 2024)

Please be advised that a document in the form of FAQs prepared by the European Commission is available, containing answers to questions regarding the interpretation of Regulation (EU) No 2024/573 of the European Parliament and of the Council on fluorinated greenhouse gases (Document 1) and a derogation diagram for electrical switchgear (Document 2).

Document 1

Document 2

(25 X 2024)

AREA has prepared a guide on the application of the new Regulation of the European Parliament and of the Council (EU) 2024/573 on fluorinated gases in the refrigeration, air conditioning and heat pump sector [download here], which presents the main changes compared to the previous Regulation (EU) No 517/2014 of the European Parliament and of the Council, explains the new provisions and their practical application.

(15 X 2024)

16 September 2024 marks International Day for the Preservation of the Ozone Layer, established in honour of the signing of the Montreal Protocol (MP) on Substances that Deplete the Ozone Layer (ODS) in 1987.

This year, the theme of the anniversary is ‘Advancing Climate Action’. This theme emphasises the need to raise awareness not only in the context of protecting the ozone layer, but also of the important role of the MP provisions in combating climate change. Another anniversary reminds us of what we have achieved so far and allows us to look to the future to plan what else we can do.

The withdrawal of SZWO under the PM has effectively contributed to limiting the greenhouse effect, including by delaying the first ice-free Arctic summer by up to 15 years. The Kigali Amendments to the MP could prevent global temperatures from rising by up to 0.5°C by the end of the century. This is achievable provided that all countries ratify the Kigali Amendments, fully implement them and take measures to improve energy efficiency. This effect can be achieved by phasing out hydrofluorocarbons (HFCs), greenhouse gases used as substitutes for CFCs. HFCs have a high or very high global warming potential (GWP), which makes them dangerous to the climate.

Work to achieve climate benefits is already underway. 80% of countries have ratified the Kigali Amendment, including the US, China and India – the main producers and consumers of HFCs. Developed countries began phasing out HFCs in 2019, and many developing countries began this year.

Detailed information and materials on the celebration of the International Day for the Protection of the Ozone Layer, prepared by the UNEP Ozone Secretariat, are available at https://ozone.unep.org/ozone-day/montreal-protocol-advancing-climate-action

(13 IX 2024)

We would like to remind you that according to Regulation 2024/573, as of March 11 this year, only “old importers” of HFCs (reference value holders) have the right to transfer all or part of their quota to other entities registered on the F-gas portal as importers of HFCs in bulk. At the same time, we would like to inform you that according to the European Commission’s interpretation, entities receiving quota by transfer do not need to demonstrate 3 years of experience in the chemical trade or in servicing refrigeration, air conditioning or heat pump equipment or fire protection equipment.

(18 VII 2024)

The European Commission has published another draft implementing regulation for the new Regulation (EU) 2024/573 of the European Parliament and of the Council on fluorinated greenhouse gases for registration on the F-gas portal and repeal of implementing Regulation 2019/661.

The draft regulation is available at:

F-gases – amendment of the rules for the functioning of the F-gas portal (europa.eu).

We would like to inform you that you can provide comments on the above-mentioned draft regulation to the European Commission until 11.07.2024.

(14 VI 2024)

We would like to inform you that a new Environmental Penalty Directive No. 2024/1203, dated April 11, 2024, has been published, available at the link https://eur-lex.europa.eu/legal-content/PL/ALL/?uri=CELEX:32024L1203 , which, among other things, includes provisions on penalties for non-compliance with certain provisions of the new EU Regulations on HAPs (No. 2024/590) and on F-gases (No. 2024/573).

Incompatible with the provisions of the regulations of the aforementioned. the following activities: The production, marketing, import, export, use or release of HAPs or F-gases, either singly or in mixtures, as well as the production, marketing, import, export or use of products and equipment and parts thereof containing HAPs or F-gases or whose operation depends on these substances or gases, and the putting into use of products and equipment containing or dependent on F-gases constitute (if committed unlawfully and intentionally) an offense punishable by a maximum term of imprisonment of at least five years. Individuals committing such an offense will be subject to additional criminal or non-criminal sanctions or measures. For legal entities, there is a fine of either 5% of the total worldwide turnover of such legal entity in the fiscal year preceding the year of the offense or in the fiscal year preceding the year of the decision to impose the fine, or an amount equivalent to €40,000,000.

(15 V 2024)

→In the case of transit, it is not necessary to have a quota or authorization to use the quota, while registration of the entity on the F-gas Portal is required. An error in F-gas Regulation No. 2024/573 Article 23(2) t.i.e. requiring in the case of transit of F-gases in bulk or in equipment to have a quota or authorization to use the quota, respectively, will be corrected.

→ Registration on the F-gas Portal (equivalent to holding a license) is required for the import, export and transit of any quantity of any F-gas in bulk or in a device.

(9 IV 2024)

Due to the entry into force of EP and Council Regulation (EU) No. 2024/573 on fluorinated greenhouse gases, amending Directive (EU) 2019/1937 and repealing Regulation (EU) No. 517/2014 on March 11, it is from this date:

→ importers of any quantity of HFCs in bulk are required to have a quota for importing HFCs from outside the EU,

→ importers of HFCs in refrigeration, air-conditioning and heat pump equipment are required to have quota utilization authorization if they import 10 t CO2 eq HFCs or more in such equipment during a given calendar year.

(12 III 2024)

20. On 2 February 2024, Regulation (EU) No 2024/573 of the European Parliament and of the Council on fluorinated greenhouse gases, amending Directive (EU) 2019/1937 and repealing Regulation (EU) No 517/2014, was published in the Official Journal of the EU.

This regulation contains the following key NEW obligations for equipment operators, which will come into force on 11 March 2024, i.e. on the date of entry into force of this regulation, namely:

– the obligation for operators to ensure leak testing of stationary refrigeration and air conditioning equipment, heat pumps, and refrigeration units in refrigerated lorries (with a mass of >3.5 t) and refrigerated trailers, as well as stationary fire protection equipment containing:

→ 1 kg or more of HFO substances (unsaturated HFCs) – e.g. HFC-1234yf, HFC-1234ze and HCFO substances (unsaturated HCFCs) – e.g. HCFC-1233zd or HCFC-1233xf) or mixtures containing the above substances but not containing HFCs or PFCs,

→ 2 kg or more of these substances or mixtures if they are devices labelled by the manufacturer as hermetically sealed.

– the obligation for operators to ensure that the above equipment is checked for leaks by persons holding an F-gas certificate (Article 5) and to keep appropriate records (Article 7)^[1].

Leak tests on these devices are carried out according to the following schedule:

→ for equipment containing these substances or mixtures in quantities of less than 10 kg: at least once every 12 months, or at least once every 24 months if the equipment is fitted with a leak detection system;

→ for equipment containing these substances or mixtures in quantities of at least 10 kg but less than 100 kg: at least once every 6 months or at least once every 12 months if a leak detection system is installed in such equipment;

→ for equipment containing these substances or mixtures in quantities of at least 100 kg: at least once every 3 months, or at least once every 6 months if a leak detection system is installed in such equipment.

– the obligation for operators to ensure that leak detection systems are installed in the above-mentioned equipment if it contains 100 kg or more of the substances or mixtures referred to above, and to ensure that leak detection systems are checked at least once every 6 years to ensure that they are functioning properly – Article 6

– the obligation of recovery operators to ensure that the substances or mixtures referred to above are recovered and, after the equipment has been dismantled, that these substances or mixtures are recycled, reclaimed or destroyed – Article 8

– the obligation of operators to ensure that, in the event of a leak from the above-mentioned equipment, the equipment is repaired without undue delay and checked by an F-gas certified person to verify that the repair was effective, at the earliest after 24 hours of operation of the equipment, but no later than within one month of the repair – Art. 4.

– The above obligation to check by a person holding an F-gas certificate gas certificate to verify whether the repair was effective at the earliest after 24 hours of operation of the equipment, but no later than within one month of the repair, also applies to operators of equipment containing HFCs or PFCs or mixtures containing these substances subject to mandatory leak checks and record keeping under Regulation 517/2014 – Art. 4. Previously, verification of whether the repair was effective for such equipment had to be carried out within 30 days of the repair.

Pursuant to Article 5 of the Regulation, by way of derogation from the obligation to check the tightness of equipment containing HFCs or PFCs, as well as HFOs or HCFCs, if hermetically sealed equipment is installed in residential buildings, they shall not be checked for leaks if they contain less than 3 kg of fluorinated greenhouse gases, provided that they are labelled as hermetically sealed.

Furthermore, pursuant to Article 13(19) of the Regulation, it is prohibited to put into service any equipment using F-gases after the relevant date of prohibition of placing them on the market, unless the operator can provide evidence that:

1. a) the relevant safety requirements at the site do not allow the installation of equipment using F-gases below the global warming potential specified in the relevant prohibitions; or
2. (b) the device was placed on the market before the relevant date of prohibition specified in Annex IV.

¹ Documentation for these devices should be kept in the form of Device Cards, as referred to in the Act on SZWO and F-gases of 15 May 2015 (consolidated text in Journal of Laws of 2020, item 2065), but until the Central Register of Operators is adapted to the provisions of the new regulation, Equipment Cards should be kept in paper or electronic form and stored for a period of 5 years. In accordance with the provisions of Regulation 2024/573, if any quantity of refrigerant was added during the installation of the equipment, the quantity of refrigerant in the equipment should be broken down in the Card into the quantity present in the equipment before installation and the quantity added during installation.

2 The term ‘commissioning’ is not defined in Regulation 2024/573, but it can be understood to mean the start-up of a device.

3 Regulation 2024/573/ F-gases covers not only HFCs, PFCs and SF6 and mixtures containing them (as was previously the case), but also other fluorinated substances specified in the annexes to the Regulation, including HFO and HCFO and mixtures containing them.

4 In Regulation 2024/573, the term ‘safety requirements’ is defined as follows: ‘requirements relating to the safe use of F-gases and natural refrigerants or products and equipment containing them or whose functioning relies upon them, prohibiting the use of certain F-gases or alternatives, including when they are contained in a product or equipment at a specific place of intended use, due to the specific nature of the place and applications as defined in:

1. a) union law or national law, or
2. (b) a non-legally binding act containing technical documentation or standards to be applied in order to ensure safety in a specific location, provided that they comply with the relevant Union or national law.

[1] Documentation for these devices should be kept in the form of Device Cards referred to in the Act on SZWO and F-gases of 15 May 2015 (consolidated text in Journal of Laws of 2020, item 2065), but until the Central Register of Operators is adapted to the provisions of the new Regulation, Equipment Cards should be kept in paper or electronic form and stored for a period of 5 years. In accordance with the provisions of Regulation 2024/573, if any quantity of refrigerant was added during the installation of the equipment, the quantity of refrigerant in the equipment should be broken down in the Card into the quantity present in the equipment before installation and the quantity added during installation.

(7 III 2024)

20. On 2 February 2024, Regulation (EU) No 2024/573 of the European Parliament and of the Council on fluorinated greenhouse gases, amending Directive (EU) 2019/1937 and repealing Regulation (EU) No 517/2014, was published in the Official Journal of the EU.

The regulation contains the following NEW obligation for sellers of the above-mentioned equipment, which comes into force on 11 March 2024, i.e. on the date of entry into force of this regulation, i.e. the previously applicable provision that equipment containing HFCs or PFCs or mixtures containing these substances may be sold to the end user only if evidence is provided that the installation is to be carried out by a person or company holding an F-gas certificate or a company employing a person with such a certificate has been extended to equipment containing HFO (unsaturated HFCs) – e.g. HFC-1234yf, HFC-1234ze and HCFO substances (unsaturated HCFCs) – e.g. HCFC-1233zd or HCFC-1233xf) or mixtures containing the above substances but not containing HFCs or PFCs (Art. 11(7). Sellers are required to keep records concerning buyers.

(7 III 2024)

20. On 2 February 2024, Regulation (EU) No 2024/573 of the European Parliament and of the Council on fluorinated greenhouse gases, amending Directive (EU) 2019/1937 and repealing Regulation (EU) No 517/2014, was published in the Official Journal of the EU.

The regulation contains the following NEW obligation for equipment manufacturers, which comes into force on 11 March 2024, i.e. on the date of entry into force of this regulation, namely the obligation (Article 5) for manufacturers to ensure that stationary refrigeration equipment, air conditioning and heat pumps, as well as refrigeration units in refrigerated lorries (with a mass of >3.5 t) and refrigerated trailers, as well as stationary fire protection equipment and electrical switchgear containing:

→ 5 tonnes CO2 eq or more of HFCs, PFCs or 6 kg or more of SF6 (in the case of switchgear) or mixtures containing these substances

→ 10 tonnes of CO2 eq or more of HFCs or PFCs or mixtures containing these substances, if the equipment is labelled by the manufacturer as hermetically sealed

→ 1 kg or more of HFO substances (unsaturated HFCs) – e.g. HFC-1234yf, HFC-1234ze and HCFO substances (unsaturated HCFCs) – e.g. HCFC-1233zd or HCFC-1233xf) or mixtures containing the above substances but not containing HFC, PFC or SF6

→ 2 kg or more of these substances or mixtures, if they are devices labelled by the manufacturer as hermetically sealed.

If a leak is detected, the appliance should be repaired without undue delay (Art. 4).

The regulation does not specify at what stage of the manufacturing process manufacturers are required to ensure that equipment is leak-proof, but it can be assumed that such checks should take place before the equipment is placed on the EU market or exported, i.e. in practice, it should be part of the quality control procedure.

(7 III 2024)

20. On 2 February 2024, Regulation (EU) No 2024/573 of the European Parliament and of the Council on fluorinated greenhouse gases, amending Directive (EU) 2019/1937 and repealing Regulation (EU) No 517/2014, was published in the Official Journal of the EU.

This regulation contains new provisions concerning various entities, including provisions concerning importers of bulk F-gases, which will enter into force on 11 March 2024, i.e. on the date of entry into force of the new regulation, namely:

– Regulations concerning the sale of F-gases for purposes requiring an F-gas certificate or training completion certificate, and the obligation for F-gas sellers to keep records of purchasers of these gases, which previously only covered HFCs, PFCs and SF6 or mixtures containing these substances, have been extended (Art. 7) to include HFOs (unsaturated HFCs, e.g. HFC-1234yf, HFC-1234ze) and HCFO (e.g. HCFC-1233zd or HCFC-1233xf) or mixtures containing the above substances but not containing HFC, PFC or SF6 (the term ‘F-gases’ also includes, among others, HFO and HCFO).

– Prohibition on the import, export, supply or making available to other entities in the Union, whether for payment or free of charge, of empty, fully or partially filled, non-refillable containers intended for HFCs, PFCs, SF6, as well as HFO and HCFO or mixtures containing these substances, except for containers intended for disposal or for laboratory and analytical purposes [Art. 11(3)]. This prohibition also applies to reusable containers if they have been placed on the market without first ensuring that they can be returned for refilling.

– The above assurance is a declaration of compliance issued by the entity placing the container on the market, containing evidence that there are binding arrangements for the return of these containers for refilling, and specifying the relevant participants in this transaction, their obligations and the relevant logistical arrangements [Article 11(4)]. This evidence shall be kept by entities placing F-gases on the market for 5 years after placing them on the market and made available to the Commission and the competent authorities of the PCz upon request.

– A ban on placing F-gases on the market if the importer fails to provide customs authorities with evidence at the time of placing on the market that any trifluoromethane produced as a by-product in the production of F-gases, including during the production of the substrate for the production of these gases (primarily HFCFC-22), has been destroyed or recovered for subsequent use using the best available techniques. For the purposes of providing this evidence, the importer shall draw up a declaration of conformity and attach supporting documentation containing the information specified in Article 4(6) of the Regulation. The importer shall keep this declaration and supporting documentation for 5 years after placing the product on the market and make it available to the Commission and the competent authorities of the PCz upon request.

(7 III 2024)

20. On 2 February 2024, Regulation (EU) No 2024/573 of the European Parliament and of the Council on fluorinated greenhouse gases, amending Directive (EU) 2019/1937 and repealing Regulation (EU) No 517/2014, was published in the Official Journal of the EU.

The regulation contains new provisions concerning various entities, including provisions concerning F-gas distributors, which will enter into force on 11 March 2024, i.e. on the date of entry into force of this regulation, namely:

– Regulations concerning the sale of F-gases for purposes requiring an F-gas certificate or training completion certificate, and the obligation for F-gas sellers to keep records of purchasers of these gases, which previously only covered HFCs, PFCs and SF6 or mixtures containing these substances, have been extended (Article 7) to include HFOs (unsaturated HFCs, e.g. HFC-1234yf, HFC-1234ze) and HCFO (e.g. HCFC-1233zd or HCFC-1233xf) or mixtures containing the above substances but not containing HFCs, PFCs or SF6 (the term ‘F-gases’ also includes, among others, HFOs and HCFOs.

– Prohibition on supplying or making available to other entities in the EU, whether for payment or free of charge, empty, fully or partially filled containers that are not suitable for refilling, intended for HFCs, PFCs, SF6, as well as HFO and HCFO or mixtures containing these substances, except for containers intended for disposal or for laboratory and analytical purposes [Article 11(3)]. This prohibition also applies to reusable containers if they were placed on the market without first ensuring that they could be returned for refilling – see below.

– The above assurance is a declaration of compliance issued by the entity placing the container on the market, containing evidence that there are binding arrangements in place for the return of these containers for refilling, and specifying the relevant participants in this transaction, their obligations and the relevant logistical arrangements [Article 11(4)], which also apply to distributors. Entities supplying F-gases to end users shall keep this evidence for 5 years after the delivery of the F-gas to the end user and make it available to the Commission and the competent authorities of the PCz upon request.

(7 III 2024)

On 20 February 2024, Regulation (EU) 2024/573 of the European Parliament and of the Council on fluorinated greenhouse gases (downloadable here) amending Directive (EU) 2019/1937 and repealing the existing Regulation (EU) No 517/2014 of the European Parliament and of the Council. The new Regulation, which enters into force on 11 March 2024 (with the exception of a few articles), contains a number of very important changes compared to Regulation No 517/2014.

(27 II 2024)

The European Commission has announced that from May 1 until 11:59 p.m. on June 1, 2024, declarations will be available on the F-gas portal for obtaining the 2025-2027 quota for bulk HFC imports, or (for importers with reference values allocated for that period) declarations for any increase in the quota resulting from those reference values. The Commission will no longer advertise the call for declarations in the Official Journal of the EU.

According to the new EP and Council Regulation (EU) 2024/573, which enters into force on March 11, 2024, and which replaces EP and Council Regulation (EU) 517/2014, the quota allocated for 2025 is not subject to a fee, while the fee beyond the quota allocated for 2026 will be €3/ton of CO2 eq. New importers (i.e., entities without reference values for the time being) will not be able to transfer their HFC bulk import quotas to other HFC bulk importers or to importers of HFCs in equipment.

Quotas shall be allocated only to manufacturers or importers who are established in the territory of the Union or who have appointed an exclusive representative established in the territory of the Union, who shall bear full responsibility beyond compliance with this Regulation and the requirements of Title II of Regulation (EC) No. 1907/2006 (REACH Regulation).

An exclusive representative may be a representative designated under Article 8 of Regulation (EC) No. 1907/2006. Only importers who have experience in trading chemicals or servicing refrigeration, air conditioning, or fire protection or heat pump equipment for 3 consecutive years prior to the quota allocation period may make the declaration referred to above or receive a quota allocation on that basis. Producers and importers shall submit evidence of this fact upon request by the Commission. For registration on the F-gas portal, importers shall provide the address of their registered office where they operate. Only one entity may be registered at the same address. For the purpose of submitting the quota declaration and receiving the quota allocation, and for the purpose of determining the reference value, all entities having the same beneficial owner shall be considered other than one entity. Only the one entity that is registered in the F-gas portal first shall be entitled to the reference value and the quota allocation unless the real beneficiary indicates otherwise.

(27 II 2024)