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New European F-Gas Regulation

The contents of the new European Fgas Regulation n° 2024/573 with effect from 2025

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

Here is the full text of the new Regulation (EU) No. 2024/573

Reducing emissions
The new rules

While existing European legislation has already significantly restricted the use of F-gases, the new rules will further reduce their emissions into the atmosphere and help limit the increase in global temperature, in line with the Paris Agreement.

The quota of Fgas on the European Union market is 42.9 million tons CO2eq. in the two-year period 2025-2026 (corresponding to a 48% phase-down compared to the 2023 value, which was 82.3 million tons CO2eq.).

For the following three-year period, 2027-2029, the total quota available will be further halved, reaching about 21.7 million tons CO2eq., and then reaching about 9 million tons CO2eq. in the three-year period 2030-2032.

Important: as required by art. 19 of the new Regulation, from 1 January 2025 even dosed medical inhalers (for asthma and respiratory diseases), filled with HFCs - mainly R134a pharma grade - will not be able to be placed on the market, unless HFCs are accounted for under the quota system (this specific application, so far exempted from the CO2 quota system, as a rough estimate impacts about 8 million tons of CO2eq.).

Consequently, the real phase-down of CO2 quota available for the RACHP sector (2025 Vs 2023) will be in the range 55-60%.

F-gas quota (Ton CO2 eq.) available
for regular placing on the EU market
Expand image

New Fgas Regulation 2024/573
The new features introduced

The text introduces a ban on placing on the market for certain categories of products and equipment containing Fgas, including domestic refrigerators and freezers (ban on the use of Fgas from 1 January 2026, even if with GWP <150). As far as foams are concerned (extruded polystyrene, XPS and other types), bans have been introduced on the use of Fgas with a GWP equal to or more than 150, except if necessary to comply with national safety standards. As far as technical aerosols are concerned, the ban on the use of Fgas has been set for 1 January 2030, also in this case except if necessary to comply with safety requirements or if used for medical applications.

The new Regulation also anticipates some time limits that were provided for by the old Reg. (EU) 517/2014 and extends the ban on use to certain types of equipment that use fluorinated gases, limiting the threshold GWP value and making it more challenging.

However, there are exemptions from the ban in the event of objective safety problems, related to installation, for example in civil/residential environments (think of the outdoor units of heat pumps installed on the balconies of an apartment building).

The new regulation introduces a ban on the use of refrigerant gases with GWP equal to or more than 150 on mono-block heat pumps and small air conditioners (<12kW), starting in 2027, and a complete phase-out in 2032. For similar systems, larger than 12 kW, the use of Fgas with a GWP of less than 150 will be possible, without time limits.
As for single split air conditioning systems and heat pumps, the use of Fgas will be allowed without time limits, provided that the GWP of the refrigerant gas is less than 750.

For multi-split air-to-water (hydronic) and air-to-air (VRV-VRF) systems, the use of Fgas with a GWP of less than 150 will be allowed until 1 January 2035 (without time limits if the power is equal to or greater than 12 kW).

Again, exemptions are provided when the safety requirements at the installation site do not allow the use of alternatives to fluorinated greenhouse gases with a GWP equal to or less than 150 (the max GWP limit is still 750).

The agreement provides for the possibility of limited release of additional allowances for heat pumps, if the proposed bans jeopardize the achievement of the REPowerEU deployment target.

New European Fgas Regulation n° 2024/573 with effect from 2025

Summary of contents

NEW SYSTEMS

NEW SYSTEMS
Stationary refrigeration

Domestic chillers and freezers - par. 2 Annex IV
Total ban on the use of F-gases from 1 January 2026 (except when required to comply with installation safety requirements)

Refrigerators and freezers for commercial use only (self-contained equipment) – par. 3 Annex IV
Ban on the use of F-gases with GWP equal to or greater than 150 from 2022

Any self-contained refrigeration equipment, excluding chillers – par. 4 Annex IV
Ban on the use of F-gases with GWP equal to or more than 150 from 2025 (except when required to comply with installation safety requirements)

NOTE: Definition of self-contained equipment
By "equipment or self-contained system" we mean a refrigeration apparatus that contains an evaporator and condenser inside the machine itself, i.e. a complete (non-split) refrigeration circuit, which therefore does not require a connection of the refrigerant gas to an external line (pipe).

NOTE: Commission Implementing Regulation (EU) 2024/2729 of 22 October 2024
By way of derogation from point 4 of Annex IV to Regulation (EU) 2024/573, the placing on the market of the following equipment containing fluorinated greenhouse gases with a GWP of 150 or more shall be authorized from 1 January 2025 to 31 December 2028, provided that the equipment is labelled in accordance with Article 12(2) of that Regulation:
a) environmental simulation devices consisting of a test chamber used to reproduce different environmental conditions, such as temperature and humidity as a function of time, for applications below – 50 °C;
b) laboratory equipment used to dry liquid samples, either by spray drying or freeze-drying;
c) laboratory centrifuges, i.e. equipment that separates fluids of different densities from solids in a rapidly rotating container.

NOTE: Commission Implementing Regulation (EU) 2024/3120 of 16 December 2024
By way of derogation from point 4 of Annex IV to Regulation (EU) 2024/573, the placing on the market of mechanical cryogenic freezers (–150°C) containing fluorinated greenhouse gases with a GWP of 150 or more shall be authorized from 1 January 2025 to 31 December 2028, provided that the equipment is labelled in accordance with Article 12(2) of that Regulation.

NOTE: Commission Implementing Regulation (EU) 2024/3122 of 16 December 2024
By way of derogation from point 4 of Annex IV to Regulation (EU) 2024/573, the placing on the market of blood containers and rapid contact blood plasma freezers containing fluorinated greenhouse gases with a GWP of 150 or more shall be authorized from 1 January 2025 to 31 December 2026, provided that the equipment is labelled in accordance with Article 12, paragraph 2 of that regulation.

NOTE: On December 20, 2024, the Foodservice Equipment Association (FEA), in collaboration with its European partners in EFCEM, (the European Federation of Catering Equipment Manufacturers) have been successful in their attempt to gain a temporary exemption to certain types of refrigeration equipment covered by new EU regulations covering F-gases, due to come into force on the 1st January 2025.The implementing regulation will be published soon in the Official Journal of the European Union (OJEU).

The exemption means that specific types of self-contained refrigeration equipment that contains fluorinated greenhouse gases with a GWP of 150 or more can continue to be sold until the 30th June 2026, provided they are labelled pursuant to Article 12(2) of Regulation (EU) 2024/573.
The exemption applies to:
• Ice makers with a production capacity from 200 to 2000kg per 24 hours
• Blast cabinets with a load capacity between 25 to 100kg
• Retarder prover cabinets with an absorbed power between 1kW and 2kW
• Chilled trolleys with a rated power input from 1.5 kW to 10.5 kW
• Frozen drink dispensers or cold ice(?) cream dispensers with a capacity greater than 3 litres and
• Artisanal ice cream makers with a cooling capacity greater than 2kW

Single-stage refrigeration systems (excluding chillers), self-contained equipment and multipack centralized refrigeration systems – par. 5 Annex IV
Ban on the use of F-gases with a GWP of 2,500 or more from 1 January 2025, and of F-gases with a GWP of 150 or more from 1 January 2030.

Multipack centralized refrigeration systems for commercial use, with a nominal power equal to or greater than 40 kW – par. 6 annex IV
Primary Circuit:
Ban on the use of F-gases with GWP equal to or greater than 1,500 from 1 January 2022.

Secondary Circuit:
Ban on the use of F-gases with GWP equal to or greater than 150 from 1 January 2022.

NOTE: Multipack Central Refrigeration Systems: A "multipack" is a system with two or more compressors operated in parallel, connected to one or more common condensers and a range of cooling devices such as display cases, cabinets and freezers, or to refrigerated warehouses.

NEW SYSTEMS
Chillers for refrigeration, process, storage and human comfort (A/C) - par. 7 Annex IV

Chillers with rated power up to 12 kW
Prohibition of the use of F-gases with GWP equal to or more than 150 from 1 January 2027 (except when required and necessary to meet safety requirements).

NOTE: The current version of the Regulation provides for the prohibition of the use of any fluorinated gas from 1 January 2032 (a possible revision is however planned in 2030, with the possibility of allowing the use of fluorinated gases with a GWP of less than 150, without time limits).

Chiller with rated power above 12 kW
Ban on the use of F-gases with GWP equal to or more than 150 from 1 January 2027 (except when required and necessary to meet safety requirements)

NOTE: Chiller means a single system whose main function is to cool a heat transfer fluid (such as water, glycol, brine or CO2) for refrigeration, process, conservation or human comfort purposes.

NEW SYSTEMS
Self-contained air conditioning and heat pump systems (excluding chillers) - par. 8 Annex IV

Plug-in room air conditioners, which can be moved between rooms by the end user
Ban on the use of F-gases with GWP 150 or more from 2020 (unchanged)

Plug-in room air conditioning equipment, mono-block air conditioning equipment and other self-contained A/C equipment and self-contained heat pumps, with a maximum rated capacity of up to and including 12 kW
Ban on the use of F-gases with GWP equal to or more than 150 from 1 January 2027 (except when required and necessary to meet safety requirements)

Ban on the use of all F-gases from 2032 (except when required and necessary to meet safety requirements)

NOTE: a "mono-block" air conditioner is an air conditioning unit that contains all the typical components of an air conditioning system (refrigeration circuit, evaporator, compressor, condenser, fan, etc.).

NOTE: When the safety requirements at the installation site do not allow the use of alternatives to fluorinated greenhouse gases with a GWP equal to or less than 150, the GWP limit is still 750.

Mono-block and other self-contained air-conditioning equipment and heat pumps, with a maximum rated power exceeding 12 kW but not exceeding 50 kW
Ban on the use of F-gases with GWP equal to or greater than 150 from 1 January 2027 (except when required and necessary to meet safety requirements)

NOTE: When the safety requirements at the installation site do not allow the use of alternatives to fluorinated greenhouse gases with a GWP equal to or less than 150, the GWP limit is still 750.

Other self-contained air conditioning and heat pump equipment
Ban on the use of F-gases with GWP equal to or greater than 150 from 1 January 2030 (except when required and necessary to meet safety requirements)

NOTE: When safety requirements at the installation site do not allow the use of alternatives to fluorinated greenhouse gases with a GWP of 150 or less, the GWP limit is still 750.

NEW SYSTEMS
Split systems for air conditioning and heat pumps - par. 9 Annex IV

Single split systems, containing less than 3 kg of HFCs (listed in Annex I)
Ban on the use of F-gases with GWP equal to or more than 750 from 1 January 2025

Air-to-water multi-split systems with a maximum rated power of up to 12 kW (hydronic systems)
Ban on the use of F-gases with GWP equal to or more than 150 from 1 January 2027 (except when required and necessary to meet safety requirements)

Ban on the use of all F-gases from 1 January 2035 (except when required and necessary to meet safety requirements)

NOTE: When safety requirements at the installation site do not allow the use of alternatives to fluorinated greenhouse gases with a GWP of 150 or less, the GWP limit is still 750.

Air-to-air multi-split systems with a maximum rated power of up to 12 kW (VRF-VRV systems)
Ban on the use of F-gases with GWP equal to or greater than 150 from 1 January 2029 (except when required and necessary to meet safety requirements).

Ban on the use of all F-gases from 1 January 2035 (except when required and necessary to meet safety requirements).

NOTE: When safety requirements at the installation site do not allow the use of alternatives to fluorinated greenhouse gases with a GWP of 150 or less, the GWP limit is still 750.

Air-to-air and air-to-water multi-split systems with a rated power of more than 12 kW (hydronic and VRF-VRV systems)
Prohibition of the use of F-gases with GWP equal to or more than 750 from 1 January 2029 (except when required and necessary to meet safety requirements)

Prohibition of the use of F-gases with GWP equal to or morer than 150 from 1 January 2033 (except when required and necessary to meet safety requirements)

NOTE on safety requirements:
The safety requirements are established, depending on the specificities of the site and the application:
European Union Law or Member State Law;
By a non-legally binding act containing technical documentation or standards that must be applied to ensure safety at the specific location, provided that they are in line with the relevant European Union law or Member State Law.

Download the complete presentation on Regulation (EU) 2024/573 at this link which illustrates in graphic form the prohibitions on use on new plants, divided by sector and individual application.

TECHNICAL FOAMS / AEROSOLS

FOAMS

Extruded Polystyrene (XPS)

- Ban on the use of F-gases with GWP equal to or more than 150 from 2020 (unchanged)
- Ban on the use of all F-gases from 2033 (except when required and necessary to meet safety requirements)

FOAMS

Foams other than extruded polystyrene (XPS)

- Ban on the use of F-gases with GWP equal to or more than 150 from 2023 (unchanged)
- Ban on the use of all F-gases from 1 January 2033 (except when required and necessary to meet safety requirements)

Technical aerosols

- Ban on the use of F-gases with GWP equal to or more than 150 from 2018 (unchanged)
- Ban on the use of all F-gases from 1 January 2030 (except when required and necessary to meet safety requirements or when used for medical applications)

MAINTENANCE

Regulation (EU) 2024/573 also introduces a ban on refrigerant gases used for the repair and maintenance of existing refrigeration systems.

Starting from 2025, the use of virgin fluorinated refrigerants with a GWP equal to or more than 2,500 will be prohibited (the old limit of 40 tons CO2eq., or about 10 kg of total system charge, in the case of R404A, disappears), unless these gases are reclaimed or recycled, in which case they will benefit from a derogation until 1 January 2030.

A similar ban is introduced for air-conditioning equipment and heat pumps for 2026, with a derogation for reclaimed or recycled gases until 2032.

The above prohibitions do not apply to military equipment or equipment designed to cool products to temperatures below -50 °C.

Maintenance
Refrigeration

As of January 1, 2025, the use of Annex I listed fluorinated greenhouse gases (HFCs), with a GWP of more than 2,500, for the service or maintenance of all refrigeration equipment is prohibited.

  • This limit does not apply to military equipment or equipment intended for applications designed to cool products to temperatures below -50 °C
  • The above prohibition does not apply to the following categories of fluorinated greenhouse gases until 1 January 2030:
    • reclaimed fluorinated greenhouse gases listed in Annex I with a GWP equal to or more than 2,500 used for the maintenance or service of existing refrigeration equipment, provided that the containers of such gases have been labelled in accordance with Article 12(7) of the Regulation;
    • recycled fluorinated greenhouse gases listed in Annex I with a global warming potential of 2,500 or more and used for the maintenance or repair of existing refrigeration equipment, provided that they have been recovered from such equipment; These recycled gases are used exclusively by the company that carried out or on whose behalf the recovery was carried out for maintenance or service.


IMPORTANT NOTE: As clearly specified in Article 12(7) of the Regulation, containers filled with reclaimed Fgases must clearly show the batch number, company name and full address of the reclamation facility. This reclamation facility must be mandatorily located in the European Union.

As of January 1, 2032, the use of fluorinated greenhouse gases listed in Annex I, with a GWP greater than 750, for the service or maintenance of stationary refrigeration equipment, with the exception of chillers, will be prohibited.

  • This limit does not apply to military equipment or equipment intended for applications for cooling products at temperatures below -50 °C or equipment intended for applications for cooling nuclear power plants.
  • The above prohibition does not apply to the following categories of fluorinated greenhouse gases:
    • reclaimed fluorinated greenhouse gases listed in Annex I with a GWP equal to or more than 750 used for the maintenance or servicing of existing stationary refrigeration equipment, excluding chillers, provided that the containers of such gases have been labelled in accordance with Article 12(7) of the Regulation.
    • recycled fluorinated greenhouse gases listed in Annex I with a global warming potential of 750 or more and used for the maintenance or repair of existing stationary refrigeration equipment, excluding chillers, provided that such gases have been recovered from such equipment; These recycled gases may only be used by the company that carried out or on whose behalf the recovery was carried out for maintenance or service.


IMPORTANT NOTE: As clearly specified in Article 12(7) of the Regulation, containers filled with reclaimed Fgases must clearly show the batch number, company name and full address of the reclamation facility. This reclamation facility must be mandatorily located in the European Union.

NOTE: Upon a reasoned request from a competent authority of a Member State and taking into account the objectives of the Regulation, the Commission shall assess the availability of regenerated and recycled fluorinated greenhouse gases falling within the scope of paragraphs 4 and 5. Where the Commission's assessment reveals a verified shortage of regenerated and recycled fluorinated greenhouse gases, the Commission may, exceptionally, by means of implementing acts, authorise a derogation from the prohibitions referred to in paragraph 4 or 5, for a maximum period of four years, to the extent necessary to address the identified shortage.






Maintenance
Air conditioning and heat pumps
  • As of 1 January 2026, the use of fluorinated greenhouse gases listed in Annex I (HFCs), with a GWP of more than 2,500, for the service or maintenance of air conditioning equipment and heat pumps is prohibited.
  • This ban does not apply to the following categories of fluorinated greenhouse gases until 1 January 2032:
    • reclaimed fluorinated greenhouse gases listed in Annex I with a GWP equal to or greater than 2,500 used for the maintenance or servicing of existing air-conditioning equipment and heat pumps, provided that the containers of such gases have been labelled in accordance with Article 12(7) of the Regulation;
    • recycled fluorinated greenhouse gases listed in Annex I with a global warming potential of 2,500 or more and used for the maintenance or repair of existing air-conditioning equipment and heat pumps, provided that such gases have been recovered from such equipment; These recycled gases are used exclusively by the company that carried out or on whose behalf the recovery was carried out for maintenance or service.


IMPORTANT NOTE: As clearly specified in Article 12(7) of the Regulation, containers filled with reclaimed Fgases must clearly show the batch number, company name and full address of the reclamation facility. This reclamation facility must be mandatorily located in the European Union.

Consequently, the reclaimed Fgas commonly used in air conditioning (e.g. R410A, R32), being all with a GWP of less than 2,500, can be used without being subject to a time limit.

LEAK MONITORING AND LEAK DETECTION SYSTEMS (ARTICLE 5 OF THE REGULATION)

Maintenance: Stationary Refrigeration, A/C, Heat Pumps, Mobile Refrigeration (refrigerated trucks and trailers):

No periodic checks necessary :

  • Up to 5 Ton CO2 eq. if the system is filled with HFCs (Annex I) – e.g. 2.39 kg of R410a or 7.4 kg of R32
  • Up to 1 kg of gas if the system is filled with HFOs (Annex II, i.e. R1234yf, R1234ze etc.)

Hermetically sealed equipment, if so marked, is not subject to periodic leak testing if:

  • The system is filled with less than 10 tonnes of CO2 equivalent HFCs (Annex I)
  • The system is filled with less than 2 kg of HFOs (Annex II)
  • For the category of residential buildings only, the charge limit is extended to 3 kg

NOTE: From 13/3/2027 the above also applies to:

  • refrigeration units for refrigerated light vehicles, intermodal containers, including reefers, and railway wagons;
  • A/C equipment and heat pumps in heavy-duty vehicles, vans, non-road mobile machinery used in agriculture, mining and construction, trains, subways, trams and aircraft (a regular inspection regime including leak checks is required to comply with the obligations)

Equipment containing less than 50 tonnes of CO2eq. of HFCs or less than 10 kg of HFOs

  • at least every 12 months or, if a leak detection system is installed in such equipment, at least every 24 months;

Equipment containing more than 50 tonnes of CO2eq. and less than 500 tonnes of CO2eq. of HFCs, or more than 10 kg of HFOs and less than 100 kg of HFOs

  • at least every 6 months or, if a leak detection system is installed in such equipment, at least every 12 months;

Equipment containing more than 500 tons of CO2eq. of HFCs, or more than 100 kg of HFOs

  • at least every 3 months or, if a leak detection system is installed in said equipment, at least every 6 months.

CONTAINERS

Non-refillable containers (art. 11)

From 2025, the import, placing on the market, any subsequent supply or making available to other persons within the Union for consideration or free of charge, the use or export of non-refillable containers for fluorinated greenhouse gases listed in Annex I (HFC) and Annex II, section 1 - HFO R1234yf, R1234ze, R1336mzz(E), R1336mzz(Z) - empty or fully or partially filled - shall be prohibited.

Such containers may only be stored or transported for later disposal.

Refillable containers (art. 11)

Companies placing refillable containers for fluorinated greenhouse gases on the market are obliged to submit a declaration of compliance including evidence confirming the existence of binding agreements for the return of the container for refilling, in particular identifying the parties concerned, their mandatory commitments and related logistical arrangements. Such agreements must be made binding on the distributors of the containers to the end-user. In the absence of the above, the placing on the market of refillable containers is in fact equivalent to that of non-refillable containers, and therefore subject to sanctions (Annex IV, point 1 - note b).

TAXATION

The text also sets the price for the allocation of the HFC quota at 3.00 euros/Ton CO2eq., adjustable according to inflation. Part of the revenue will be used to cover the administrative costs of implementing the F-Gas Regulation, while the rest will be allocated to the general budget of the EU. This level of taxation, by way of example, will impact about € 6.00 / kg on R410A gas. The lower the GWP, the lower the impact of taxation, confirming that, even on "dated" plants, it is good to accelerate the transition from high-impact gases, such as R452A, to more current solutions (e.g. R455A, R454C).

The revenue generated by the allocation of allowances shall constitute external assigned revenue within the meaning of Article 21 (5) of Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council (26). Revenue shall be allocated to the LIFE Programme and to heading 7 of the multiannual financial framework (European Public Administration), to cover the costs of external staff responsible for managing the allocation of quotas, IT services and licensing systems for the implementation of this Regulation, and to ensure compliance with the Protocol. The revenue used to cover those costs shall not exceed a maximum annual amount of EUR 3 million. Any revenue remaining after those costs have been covered shall be entered in the general budget of the Union.

Export

Exports to non-EU countries of stationary refrigeration and air conditioning equipment and heat pumps (art. 22 par. 3):

As of 12 March 2025, the export of foams, technical aerosols, stationary refrigeration and air-conditioning equipment and stationary heat pumps, referred to in Annex IV of the Regulation, which contain or whose operation depends on fluorinated greenhouse gases with a GWP equal to or greater than 1000, is prohibited. That prohibition shall not apply to military equipment and to products and equipment that may be placed on the Union market in accordance with Annex IV.

Export and Import of HFCs with States that have not acceded to the Montreal Protocol and its Kigali amendment (art. 25 par. 1):

As of 1 January 2028, the import and export of hydrofluorocarbons and products and equipment containing or operating on hydrofluorocarbons to and from a State or regional economic integration organization that has not agreed to be bound or bound by the provisions of the Protocol applicable to such gases (Montreal Protocol and Kigali Amendment) shall be prohibited.

Fluorinated Gas Portal for Fgas quota control (art. 20)

In order to ensure continuous and real-time monitoring of the correct use of the CO2 quota by holders, and to prevent the quota from being overused or used multiple times, the Commission shall establish and ensure the operation of an electronic system for the management of the CO2 quota system, the granting of import and export licences and reporting. This portal will be interconnected with the European Union Single Window Environment for Customs; Member States will ensure the interconnection of their national Single Window Environments for Customs with the European Union Single Window for Customs.

Measures to monitor illegal trade (Art. 24)

On the basis of the regular monitoring of trade in fluorinated greenhouse gases and the assessment of the potential risks of illegal trade related to movements of fluorinated greenhouse gases, products and equipment containing such gases or the operation of which depend on such gases, the Commission is empowered to adopt delegated acts in accordance with Article 32 to:

• supplement the Regulation by specifying the criteria to be taken into account by the competent authorities of the Member States when carrying out checks, in accordance with Article 29, to ensure that undertakings comply with the obligations imposed by this Regulation;

• supplement the Regulation by specifying the requirements to be monitored in the context of the surveillance, in accordance with Article 23, of fluorinated greenhouse gases and products and equipment containing such gases or the operation of which are subject to temporary storage or customs procedure, including customs warehousing or free zone, or in transit through the customs territory of the Union;

• amend the Regulation by adding methodologies for tracking fluorinated greenhouse gases placed on the market for the purpose of monitoring, in accordance with Article 22, imports and exports of fluorinated greenhouse gases and products and equipment containing such gases or the operation of which are subject to temporary storage or customs procedure.

Penalties - art. 31

Without prejudice to the obligations of Member States under Directive 2008/99/EC of the European Parliament and of the Council, Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure the application of those penalties.

Before 1 January 2026, Member States shall notify those rules and measures to the Commission and shall then notify immediately of any subsequent amendments.

The penalties shall be effective, proportionate and dissuasive and shall be determined with due regard to the following, as applicable:

  • the nature and seriousness of the violation;
  • the human population or environment affected by the breach, taking into account the need to ensure a high level of protection of human health and the environment;
  • any previous violations of this regulation by the company held responsible;
  • the financial situation of the company held liable.

 

Penalties include:

  • administrative fines in accordance with paragraph 4 of the Regulation; however, Member States may also, or alternatively, have recourse to criminal sanctions, provided that they are as effective, proportionate and dissuasive as administrative fines;
  • confiscation or seizure, withdrawal or removal from the market, or the seizure by the competent authorities of the Member States of illegally obtained goods;
  • a temporary ban on the use, production, import, export or placing on the market of fluorinated greenhouse gases or products and equipment containing or operating on fluorinated greenhouse gases, in the event of a serious infringement or repeated infringement.

The administrative fines referred to above are proportionate to the environmental damage, where applicable, and effectively deprive those responsible of the economic benefits resulting from the violations. The level of administrative fines gradually increases in the event of a repeat offence.

In the case of the unlawful production, import, export, placing on the market or use of fluorinated greenhouse gases or products and equipment containing such gases or the operation of which depends on such gases, the maximum amount of the fine shall be at least five times the market value of the gases or products and equipment concerned. In the event of a repeat offence within a period of five years, the maximum amount of the fine shall be at least eight times the market value of the gases or products and equipment concerned.