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.
By way of derogation from the first subparagraph, the placing on the market of parts of products and equipment required for repair and servicing of existing equipment listed in Annex IV is allowed provided that the repair or servicing does not result in:
(a)
an increase in the capacity of the product or equipment;
(b)
an increase in the amount of fluorinated greenhouse gas contained in the product or equipment; or
(c)
a change in the type of fluorinated greenhouse gas used that would lead to an increase of the global warming potential of the fluorinated greenhouse gas used.
Products and equipment, including parts thereof, unlawfully placed on the market after the date referred to in the first subparagraph, shall not be subsequently used, supplied, or made available to other persons within the Union for payment or free of charge, or exported. Re-export of such products and equipment is allowed when the non-compliance with this Regulation has been established prior to the release for free circulation of goods for the purpose of import, in accordance with the measures referred to in Article 23(12). Such products and equipment may only be stored or transported for subsequent disposal and for the recovery of the gas prior to the disposal pursuant to Article 8 or for their re-export.
The re-export of products and equipment for which the non-compliance with this Regulation has been established prior to their release for free circulation is allowed. In such cases, Article 22(3) shall not apply.
One year following the individual dates listed in Annex IV, the subsequent supply or making available to another person in the Union for payment or free of charge of products or equipment lawfully placed on the market prior to the date referred to in the first subparagraph shall be allowed only if evidence is provided that the product or equipment was placed lawfully on the market prior to that date.
2. The prohibition set out in paragraph 1, first subparagraph, shall not apply to equipment for which it has been established, pursuant to ecodesign requirements adopted under Directive 2009/125/EC, that its lifecycle CO 2 equivalent emissions would be lower than those of equivalent equipment which meets those relevant ecodesign requirements.
3. In addition to the placing on the market prohibitions set out in point 1 of Annex IV, the import, any subsequent supply or making available to other persons within the Union for payment or free of charge, use or export of non-refillable containers for fluorinated greenhouse gases listed in Annex I and in Section 1 of Annex II empty, or fully or partially filled, shall be prohibited. Such containers may only be stored or transported for subsequent disposal. This paragraph does not apply to containers for laboratory or analytical uses of fluorinated greenhouse gases.
The first subparagraph shall apply to non-refillable containers, namely:
(a)
containers which cannot be refilled without being adapted for that purpose; and
(b)
containers which could be refilled but are imported or placed on the market without provision having been made for their return for refilling.
4. Undertakings which place on the market refillable containers for fluorinated greenhouse gases shall produce a declaration of conformity that includes evidence confirming that there are binding arrangements in place for the return of those containers for the purpose of refilling, in particular identifying the relevant actors, their obligatory commitments and the relevant logistical arrangements. Those arrangements shall be made binding on the distributors of the refillable containers for fluorinated greenhouse gases to the end user.
The undertakings referred to in the first subparagraph shall keep the declaration of conformity for a period of at least 5 years from the placing on the market of the refillable containers for fluorinated greenhouse gases and shall make that declaration available, upon request, to the competent authority of the Member State concerned or to the Commission. Suppliers of refillable containers for fluorinated greenhouse gases to end users shall keep evidence of compliance with the binding arrangements referred to in the first subparagraph for a period of at least 5 years from supply to the end user and shall make that evidence available, upon request, to the competent authority of the Member State concerned or to the Commission.
The Commission may, by means of implementing acts, determine the requirements for including the elements that are essential for the binding arrangements referred to in the first subparagraph of this paragraph in the declaration of conformity. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 34(2).
5. Following a substantiated request by a competent authority of a Member State and taking into account the objectives of this Regulation, the Commission may, exceptionally, by means of implementing acts, authorise an exemption for up to 4 years to allow the placing on the market of products and equipment listed in Annex IV, or, by way of derogation from Article 13(9), the putting into operation of new or extended electrical switchgear, including parts thereof, containing fluorinated greenhouse gases or whose functioning relies upon those gases, where it is demonstrated that:
(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 technically feasible and safe alternatives would entail disproportionate costs.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 34(2).
6. Only natural persons who hold a certificate required under Article 10(1), first subparagraph, point (a), or undertakings that employ natural persons who hold a certificate required under Article 10(1), first subparagraph, point (a), or a training attestation required under Article 10(1), second subparagraph, shall be allowed to purchase fluorinated greenhouse gases listed in Annex I or in Section 1 of Annex II for the purpose of carrying out the installation, maintenance or servicing, or repair of the equipment containing those gases, or whose functioning relies upon those gases, referred to in Article 5(2), points (a) to (f), and Article 5(3), points (a) and (b), and covered by Article 10(1), second subparagraph. Sellers shall sell or offer for sale, directly or indirectly, such gases exclusively to the undertakings referred to in this paragraph.
This paragraph shall not prevent non-certified undertakings that do not carry out the activities referred to in the first subparagraph from collecting, transporting or delivering fluorinated greenhouse gases listed in Annex I and in Section 1 of Annex II.
7. Non-hermetically sealed equipment charged with fluorinated greenhouse gases listed in Annex I and in Section 1 of Annex II may only be sold to an end user where evidence is provided that the installation is to be carried out by an undertaking certified in accordance with Article 10.
8. Only undertakings with an establishment within the Union, or that have appointed an only representative with an establishment within the Union that assumes full responsibility for compliance with this Regulation, shall be allowed to place on the market and subsequently supply bulk fluorinated greenhouse gases. The only representative may be the representative appointed pursuant to Article 8 of Regulation (EC) No 1907/2006.
Labelling and product and equipment information
1. The following products and equipment that contain fluorinated greenhouse gases or whose functioning relies upon those gases shall only be placed on the market, subsequently supplied or made available to any other person, if they are labelled as:
(a)
refrigeration equipment;
(b)
air-conditioning equipment;
(c)
heat pumps;
(d)
fire protection equipment;
(e)
electrical switchgear;
(f)
aerosol dispenser that contain fluorinated greenhouse gases, including metered dose inhalers;
(g)
all fluorinated greenhouse gas containers;
(h)
fluorinated greenhouse gas-based solvents; or
(i)
organic Rankine cycles.
2. Products or equipment that are subject to an exemption as referred to in Article 11(5) as well as products or equipment containing fluorinated greenhouse gases listed in Section 1 of Annex I that are subject to an exemption as referred to in Article 16(4) shall be labelled accordingly, specifying the end date of the exemption, 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 indicate the following information:
(a)
an indication that the product or equipment contains fluorinated greenhouse gases or that its functioning relies upon such gases;
(b)
the accepted industry designation for the fluorinated greenhouse gases concerned or, if 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 for 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.
Where products or equipment have been retrofitted and the fluorinated greenhouse gases have been changed, those products or equipment shall be relabelled with updated information as referred to in this paragraph.
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 written in the official languages of the Member State in which the good is to be placed on the market, made available or supplied.
5. Foams and pre-blended polyols that contain fluorinated greenhouse gases listed in Annexes I and II shall not be placed on the market, made available or supplied 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 panels and laminated boards, that information shall be clearly and indelibly stated on the panels or boards.
6. Where relevant, refilled containers containing fluorinated greenhouse gases shall be relabelled with updated information as referred to in the first subparagraph of paragraph 3.
7. Containers containing reclaimed or recycled fluorinated greenhouse gases listed in Annexes I and II shall be labelled with an indication that the substance has been reclaimed or recycled. In the case of reclamation, information on the batch number and the name and address of the reclamation facility in the Union shall be included.
8. Containers containing fluorinated greenhouse gases listed in Annex I and placed on the market, made available or supplied for destruction shall be labelled with an indication that the contents of the container are for destruction only.
9. Containers containing fluorinated greenhouse gases listed in Annex I and intended for direct export shall be labelled with an indication that the contents of the container are for direct export only.
10. Containers containing fluorinated greenhouse gases listed in Annex I and placed on the market, made available or supplied for use in military equipment shall be labelled with an indication that the contents of the container are to be used for that purpose only.
11. Containers containing fluorinated greenhouse gases listed in Annexes I and II and placed on the market, made available or supplied for etching of semiconductor material or cleaning of chemicals vapour deposition chambers within the semiconductor manufacturing sector shall be labelled with an indication that the contents of the container are to be used for that purpose only.
12. Containers containing fluorinated greenhouse gases listed in Annex I and placed on the market, made available or supplied for feedstock use shall be labelled with an indication that the contents of the container are to be used as feedstock only.
13. Containers containing fluorinated greenhouse gases listed in Section 1 of Annex I and placed on the market, made available or supplied for producing metered dose inhalers for the delivery of pharmaceutical ingredients shall be labelled with an indication that the contents of the container are to be used for that purpose only.
14. In the case of containers containing fluorinated greenhouse gases listed in Section 1 of Annex I, the label referred to in paragraphs 8 to 12 shall include the indication ‘exempted from quota under Regulation (EU) 2024/573 of the European Parliament and of the Council’.
In the absence of the labelling requirements referred to in the first subparagraph of this paragraph and in paragraphs 8 to 12, the hydrofluorocarbons shall be subject to the quota requirements pursuant to Article 16(1).
15. In the cases referred to in points 2(b), 4, 5(c), 7(b), (c) and (d), 8(b) to (e), 9(b) to (f), 11(c), 16, 17(a), (b) and (c), and 19(a) and (b) of Annex IV, the product or equipment shall be labelled with an indication that it shall be used only where required by the safety requirements or national safety standards, as applicable. Those requirements or standards shall be specified on the label. In the cases referred to in points 19 and 21 of Annex IV, the product or equipment shall be labelled with an indication that the product or equipment is to be used only where required by the medical application specified on the label.
16. The information referred to in paragraphs 3 and 5 shall be included in instruction manuals for the products and equipment concerned.
In the case of products and equipment that contain fluorinated greenhouse gases listed in Annexes I and II with a global warming potential of 150 or more, that information shall also be included in descriptions used for advertising.
17. The Commission may, by means of implementing acts, determine the format of the labels referred to in paragraph 1 and paragraphs 4 to 15 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 34(2).
18. The Commission is empowered to adopt delegated acts in accordance with Article 32 to amend the labelling requirements set out in paragraphs 4 to 15 of this Article where appropriate in view of commercial or technological development.
Control of use
1. The use of SF 6 in magnesium die-casting and in the recycling of magnesium die-casting alloys shall be prohibited.
2. The use of SF 6 to fill vehicle tyres shall be prohibited.
3. The use of fluorinated greenhouse gases, with a global warming potential of 2 500 or more, for the maintenance or servicing of refrigeration equipment with a charge size of 40 tonnes of CO 2 equivalent or more, shall be prohibited. From 1 January 2025, the use of fluorinated greenhouse gases, with a global warming potential of 2 500 or more, for the maintenance or servicing of any refrigeration equipment shall be prohibited.
The prohibitions referred to in the first subparagraph shall not apply to military equipment or equipment intended for applications designed to cool products to temperatures below – 50 °C.
The prohibitions referred to in the first subparagraph shall not apply to the following categories of fluorinated greenhouse gases until 1 January 2030:
(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 containers containing those gases have been labelled in accordance with Article 12(7);
(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 that they have been recovered from such equipment; such recycled gases shall only be used by the undertaking which carried out their recovery as part of maintenance or servicing or by the undertaking for which the recovery was carried out as part of maintenance or servicing.
The prohibitions referred to in the first subparagraph shall not apply to refrigeration equipment for which an exemption has been authorised in accordance with Article 11(5).
4. From 1 January 2026, the use of fluorinated greenhouse gases listed in Annex I, with a global warming potential of 2 500 or more, for the maintenance or servicing of air-conditioning equipment and heat pumps shall be prohibited.
The prohibition referred to in the first subparagraph shall not apply to the following categories of fluorinated greenhouse gases until 1 January 2032:
(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 air-conditioning equipment and heat pumps, provided that containers containing those gases have been labelled in accordance with Article 12(7);
(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 air-conditioning equipment and heat pumps, provided those gases have been recovered from such equipment; such recycled gases shall only be used by the undertaking which carried out their recovery as part of maintenance or servicing or by the undertaking for which the recovery was carried out as part of maintenance or servicing.
5. From 1 January 2032, the use of fluorinated greenhouse gases listed in Annex I, with a global warming potential of 750 or more, for the maintenance or servicing of stationary refrigeration equipment, with the exclusion of chillers, shall be prohibited.
The prohibition referred to in the first subparagraph shall not apply to military equipment or equipment intended for applications designed to cool products to temperatures below – 50 °C or equipment intended for applications designed to cool nuclear power stations.
The prohibition referred to in the first subparagraph shall not apply to the following categories of fluorinated greenhouse gases:
(a)
reclaimed fluorinated greenhouse gases listed in Annex I with a global warming potential of 750 or more used for the maintenance or servicing of existing stationary refrigeration equipment, with the exclusion of chillers, provided that containers containing those gases have been labelled in accordance with Article 12(7);
(b)
recycled fluorinated greenhouse gases listed in Annex I with a global warming potential of 750 or more used for the maintenance or servicing of existing stationary refrigeration equipment, with the exclusion of chillers, provided such gases have been recovered from such equipment; such recycled gases shall only be used by the undertaking which carried out their recovery as part of maintenance or servicing or by the undertaking for which the recovery was carried out as part of maintenance or servicing.
6. Following a substantiated request by a competent authority of a Member State and taking into account the objectives of this Regulation, the Commission shall assess the availability of reclaimed and recycled fluorinated greenhouse gases falling within the scope of paragraphs 4 and 5. Where the Commission’s assessment points to a verified shortage of a reclaimed and recycled fluorinated greenhouse gas, the Commission may, exceptionally, by means of implementing acts, authorise an exemption from the prohibitions set out in paragraph 4 or 5, for up to 4 years, to the extent needed to address the shortage identified.
7. From 1 January 2035, the use of SF 6 for the maintenance or servicing of electrical switchgear equipment shall be prohibited unless it is reclaimed or recycled, except if it is proved that reclaimed or recycled SF 6 :
(a)
cannot be used on technical grounds; or
(b)
are not available in the event of an emergency repair situation.
In such cases, the user shall provide evidence, upon request, setting out the justification for use to the competent authority of the Member State concerned or to the Commission.
This paragraph shall not apply to military equipment.
8. The use of desflurane as an inhalation anaesthetic shall be prohibited from 1 January 2026, except where such use is strictly required and no other anaesthetic can be used on medical grounds. The healthcare institution shall keep evidence of the medical justification, and provide it, upon request, to the competent authority of the Member State concerned or to the Commission.
9. The putting into operation of the following electrical switchgear using, or whose functioning relies upon, fluorinated greenhouse gases in insulating or breaking medium shall be prohibited as follows:
(a)
from 1 January 2026, medium voltage electrical switchgear for primary and secondary distribution up to and including 24 kV;
(b)
from 1 January 2030, medium voltage electrical switchgear for primary and secondary distribution from more than 24 kV up to and including 52 kV;
(c)
from 1 January 2028, high voltage electrical switchgear from 52 kV up to and including 145 kV and up to and including 50 kA short circuit current, with a global warming potential of 1 or more;
(d)
from 1 January 2032, high voltage electrical switchgear of more than 145 kV or more than 50 kA short circuit current, with a global warming potential of 1 or more.
10. The taking out of operation of an electrical switchgear which is operating within the Union and the subsequent putting into operation of that electrical switchgear at a different site in the Union shall not be considered as putting into operation for the purposes of this Article.
11. By way of derogation from paragraph 9, the putting into operation of electrical switchgear using or whose functioning relies upon insulating or breaking medium with a global warming potential lower than 1 000 is allowed if, following a procurement procedure that considers the technical specificities of the equipment required for the specific use concerned one of the following situations applies:
(a)
during the first 2 years after the relevant dates referred to in paragraph 9, points (a) and (b), no bids or only bids offering equipment from one manufacturer of electrical switchgear with insulating or breaking medium not using fluorinated greenhouse gases were received;
(b)
during the first 2 years after the relevant dates referred to in paragraph 9, points (c) and (d), no bids or only bids offering equipment from one manufacturer of electrical switchgear with insulating or breaking medium with a global warming potential of less than one was received;
(c)
after the 2-year period referred to in point (a), no bids were received offering equipment from one manufacturer of electrical switchgear with insulating or breaking medium not using fluorinated greenhouse gases; or
(d)
after the 2-year period referred to in point (b), no bids were received offering equipment from one manufacturer of electrical switchgear with insulating or breaking medium with a global warming potential of less than one.
12. By way of derogation from paragraph 11, the putting into operation of electrical switchgear with insulating or breaking medium with a global warming potential of 1 000 or more is allowed if, following a procurement procedure that considers the technical specificities of the equipment required for the specific use concerned, no bid was received for electrical switchgear with insulating or breaking medium with a global warming potential of less than 1 000.
13. Paragraph 9 shall not apply to electrical switchgear for which it has been established pursuant to ecodesign requirements adopted under Directive 2009/125/EC that its life cycle CO 2 equivalent emissions would be lower than those of equivalent equipment which meets the relevant ecodesign requirements and would comply with the global warming potential limits in paragraph 9.
14. Paragraph 9 shall not apply where the operator can provide evidence that the order for the electrical switchgear has been placed before 11 March 2024.
15. Paragraph 9 shall not apply where the devices to extend existing electrical switchgear that use fluorinated greenhouse gases with a lower global warming potential than the fluorinated greenhouse gases used in the existing electrical switchgear are not compatible with the existing electrical switchgear, and the use of those devices would require the replacement of the existing entire electrical switchgear.
16. Where a derogation listed in paragraph 10, 11, 12, 13, 14 or 15 applies, the operator shall keep documentation establishing the evidence for the derogation for at least 5 years and shall make it available, upon request, to the competent authority of the Member State concerned or to the Commission.
17. The operator shall notify the competent authority in the Member State where the electrical switchgear is put into operation when applying a derogation listed in paragraph 11, 12, 14 or 15.
18. Parts of equipment may be installed for repair or servicing of existing electrical switchgear provided that there is no change of the type of fluorinated greenhouse gas used that leads to an increase of the global warming potential of the fluorinated greenhouse gas used or an increase in the amount of fluorinated greenhouse gases contained in the equipment.
19. The putting into operation of any equipment or utilisation of any product listed in points 2(b), 4, 5(c), 7(b), (c) and (d), 8(b) to (e), 9(b) to (f), 11(c), 17(c) and 19(b) of Annex IV after the respective prohibition date specified in those points shall be prohibited unless the operator can provide evidence that:
(a)
the relevant safety requirements at the particular location do not permit the installation of equipment using fluorinated greenhouse gases below the global warming potential value specified in the respective prohibitions; or
(b)
the equipment was placed on the market before the relevant prohibition date set out in Annex IV.
20. The operator shall keep documentation establishing the evidence referred to in paragraph 19 for at least 5 years and shall make it available, upon request, to the competent authority of the Member State concerned or to the Commission.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
