Imports and exports
1. The import and export of fluorinated greenhouse gases, and products and equipment containing those gases or whose functioning relies upon those gases shall be subject to the presentation of a valid licence to customs authorities issued by the Commission pursuant to Article 20(4) and (5), except in the case of temporary storage.
This paragraph does not apply to products and equipment that are personal effects.
2. Fluorinated greenhouse gases imported into the Union shall be considered as virgin gases.
3. From 12 March 2025 the export of foams, technical aerosols, stationary refrigeration and stationary air-conditioning equipment and stationary heat pumps as referred to in Annex IV that contain, or whose functioning relies upon, fluorinated greenhouse gases with a GWP of 1 000 or more shall be prohibited.
The prohibition set out in the first subparagraph shall not apply to military equipment or to products and equipment that can be placed on the market in the Union in accordance with Annex IV.
4. By way of derogation from paragraph 3, the Commission may, by means of implementing acts, for cases of an exceptional nature, following a substantiated request by the competent authority of the Member State concerned, and taking into account the objectives of this Regulation, authorise the export of the products and equipment referred to paragraph 3, where it is demonstrated that in view of the economic value and the expected remaining lifetime of the specific good, the prohibition of export would impose a disproportionate burden on the exporter. Such exports shall only be allowed if they are in accordance with the national law of the country of destination.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 34(2).
5. Undertakings with an establishment within the Union shall take all necessary measures to ensure that the export of refrigeration and air-conditioning equipment and of heat pumps, does not violate import restrictions that the importing state has notified under the Protocol.
Trade controls
1. Customs authorities and market surveillance authorities shall enforce the prohibitions and other restrictions set out in this Regulation with regard to imports and exports.
2. For the purposes of release for free circulation, the undertaking holding 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 circulation, the undertaking registered in the F-gas Portal pursuant to Article 20 shall be the declarant indicated in the customs declaration who is the holder of the authorisation for a special procedure other than transit, unless there is a transfer of rights and obligations pursuant to Article 218 of Regulation (EU) No 952/2013 to allow another person to be the declarant. In the case of transit procedure, the undertaking holding quota or authorisations to use quota as required under this Regulation shall be the holder of the procedure.
For the purposes of exports, the undertaking registered in the F-gas Portal pursuant to Article 20 shall be the exporter indicated in the customs declaration.
3. In cases of imports of fluorinated greenhouse gases, and products and equipment containing those gases or whose functioning relies upon those gases, the importer or, where not available, the declarant, indicated in the customs declaration or in the temporary storage declaration, and in cases of exports the exporter indicated in the customs declaration, shall provide to customs authorities the following information, where relevant, in the customs declaration:
(a)
F-gas Portal registration identification number;
(b)
Economic Operators Registration and Identification (EORI) number;
(c)
net mass of bulk gases and of gases contained in products and equipment, and in parts thereof;
(d)
commodity code under which the goods are classified;
(e)
tonnes of CO 2 equivalent of bulk gases and of gases contained in products or equipment, and in parts thereof.
4. Customs authorities shall verify, in particular, whether in cases of release for free circulation the importer indicated in the customs declaration has quota or authorisations to use quota as required under this Regulation before releasing the goods for free circulation. Customs authorities shall 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 EU Single Window Environment for Customs.
6. Importers of fluorinated greenhouse gases listed in Annex I and in Section 1 of Annex II in refillable containers shall make available to customs authorities at the time when the customs declaration related to the release for free circulation is submitted a declaration of conformity as referred to in Article 11(4), including evidence confirming the arrangements in place for the return of the container for the purpose of refilling.
7. Importers of fluorinated greenhouse gases shall make available to customs authorities at the time when the customs declaration related to the release for free circulation is submitted the evidence referred to in Article 4(6).
8. The declaration of conformity and the documentation referred to in Article 19(2) shall be made available to customs authorities at the time when the customs declaration related to the release for free circulation is submitted.
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 the Customs Risk Management System and in accordance with Article 46 of Regulation (EU) No 952/2013. That risk analysis shall take into account, in particular, any available information on the likelihood of illegal trade in fluorinated greenhouse gases and the compliance history of the undertaking concerned.
10. Based on risk analysis, when carrying out physical customs controls on the substances, products and equipment covered by this Regulation, the customs authority shall, in particular, verify the following on imports and exports:
(a)
that the goods presented correspond to those described in the licence and in the customs declaration;
(b)
that the product or equipment presented does not fall under the prohibitions referred to in Article 11(1) and (3);
(c)
that the goods are appropriately labelled in accordance with Article 12 before those goods are released for free circulation.
The importer or where the importer is not available, the declarant, or the exporter, as appropriate, shall make the licence available to customs authorities during the controls in accordance with Article 15 of Regulation (EU) No 952/2013.
11. Customs authorities or market surveillance authorities shall take all necessary measures to prevent attempts to import or export the substances, products and equipment covered by this Regulation that were already not allowed to enter or exit the territory.
12. Customs authorities shall confiscate or seize non-refillable containers as referred to in Article 11(3), second subparagraph, point (a), of this Regulation, that are prohibited by this Regulation for disposal by destruction in accordance with Articles 197 and 198 of Regulation (EU) No 952/2013 or shall inform the competent authorities in order to ensure the confiscation and seizure of such containers for disposal by destruction. Market surveillance authorities shall also withdraw or recall from the market such containers in accordance with Article 16 of Regulation (EU) 2019/1020.
In other cases, not referred to in the first subparagraph, of unlawful import, subsequent supply, or export carried out in violation of this Regulation, in particular where fluorinated greenhouse gases listed in Section 1 of Annex I are placed on the market in bulk or charged in products and equipment in violation of the quota and authorisation requirements set out in this Regulation, customs authorities or market surveillance authorities may take alternative measures. Such measures may include auctioning provided that the subsequent placing on the market is in accordance with this Regulation.
The export of fluorinated greenhouse gases listed in Section 1 of Annex I for which the non-compliance has been established after their release for free circulation, shall be prohibited.
13. Member States shall designate or approve customs offices or other places 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 authorities of the fluorinated greenhouse gases listed in Annex I to, and of the products and equipment referred to in Article 19 of this Regulation, at their entry into or at their exit from the customs territory of the Union. Controls shall be carried out by customs office personnel or by other authorised persons in accordance with national rules, who are knowledgeable about matters related to the prevention of illegal activities covered by this Regulation and have access to suitable equipment to carry out the relevant physical controls based on risk analysis.
Only the designated or approved customs offices or other places referred to in the first subparagraph shall be authorised to open or end a transit procedure of the gases and products or equipment covered by this Regulation.
Measures to monitor illegal trade
1. On the basis of regular monitoring of trade in fluorinated greenhouse gases and assessment of the potential risks of illegal trade linked to the movements of fluorinated greenhouse gases, and products and equipment containing those gases or whose functioning relies upon those gases, the Commission is empowered to adopt delegated acts in accordance with Article 32 to:
(a)
supplement this Regulation by specifying the criteria to be taken into account by the competent authorities of Member States when carrying out checks, in accordance with Article 29, to establish whether undertakings comply with their obligations under this Regulation;
(b)
supplement this Regulation by specifying the requirements to be checked when monitoring, in accordance with Article 23, fluorinated greenhouse gases, and products and equipment containing those gases or whose functioning relies upon those gases, placed under temporary storage or under a customs procedure, including customs warehousing or the free zone procedure, or in transit through the customs territory of the Union;
(c)
amend this Regulation by adding tracing methodologies for fluorinated greenhouse gases placed on the market for the monitoring, in accordance with Article 22, of imports and exports of fluorinated greenhouse gases, and products and equipment containing those gases or whose functioning relies upon those gases, placed under temporary storage or under a customs procedure.
2. When adopting a delegated act under paragraph 1, the Commission shall take into account the environmental benefits and socio-economic impacts of the methodology to be established under points (a), (b) and (c) of that paragraph.
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 provisions of the Protocol applicable to those gases, shall be prohibited from 1 January 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 the release for free circulation and export of products and equipment imported from and exported to any State or regional economic integration organisation within the meaning of 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, any periodic 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 within the meaning of paragraph 1 in hydrofluorocarbons, and in products and equipment containing hydrofluorocarbons or whose functioning relies upon those gases or which are produced by means of one or more such gases, may be authorised by the Commission, by means of implementing 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 to any decision taken by the Parties to the Protocol, as referred to in 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 within the meaning of paragraph 1.
5. Where the authorities 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 provisions 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).
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
