Regulation (EU) 2024/573 of the European Parliament and of the Council of 7 February 2024 on fluorinated greenhouse gases, amending Directive (EU) 2019/1937 and repealing Regulation (EU) No 517/2014 (Text with EEA relevance)

CHAPTER I General provisions

Article 1

Subject matter

This Regulation:

• (a) lays down rules on containment, use, recovery, recycling, reclamation and destruction of fluorinated greenhouse gases and on related ancillary measures, such as certification and training, which includes the safe handling of fluorinated greenhouse gases and of alternative substances that are not fluorinated;

• (b) imposes conditions on the production, import, export, placing on the market, subsequent supply and use of fluorinated greenhouse gases, and of specific products and equipment containing fluorinated greenhouse gases or whose functioning relies upon those gases;

• (c) imposes conditions on specific uses of fluorinated greenhouse gases;

• (d) establishes quantitative limits for the placing on the market of hydrofluorocarbons;

• (e) establishes rules on reporting.

Article 2

Scope

This Regulation applies to:

• (a) the fluorinated greenhouse gases listed in Annexes I, II and III, whether alone or as mixtures; and

• (b) products and equipment, and parts thereof, containing fluorinated greenhouse gases or whose functioning relies upon those gases.

Article 3

Definitions

For the purposes of this Regulation, the following definitions apply:

• (1) ‘global warming potential’ or ‘GWP’ means the climatic warming potential of a greenhouse gas relative to that of carbon dioxide (CO2), calculated in terms of the 100-year global warming potential, unless otherwise specified, of one kilogram of a greenhouse gas relative to one kilogram of CO2, as set out in Annexes I, II, III and VI or in the case of mixtures, calculated in accordance with Annex VI;

• (2) ‘mixture’ means a substance composed of two or more substances, at least one of which is a substance listed in Annex I, II or III;

• (3) ‘tonne of CO2 equivalent’ means a quantity of greenhouse gases expressed as the product of the weight of the greenhouse gases in metric tonnes and of their global warming potential;

• (4) ‘hydrofluorocarbons’ or ‘HFCs’ means the substances listed in Section 1 of Annex I or mixtures containing any of those substances;

• (5) ‘operator’ means the undertaking exercising actual power over the technical functioning of products, equipment or facilities covered by this Regulation, or the owner designated by a Member State as being responsible for the operator’s obligations in specific cases;

• (6) ‘placing on the market’ means the customs release for free circulation in the Union or the supplying or making available to another person within the Union, for the first time, for payment or free of charge, or the use of substances produced, or of products or equipment manufactured, for own use;

• (7) ‘import’ means the entry of substances, products and equipment into the customs territory of the Union, in so far as the territory is covered by a ratification of the 1987 Montreal Protocol on Substances that Deplete the Ozone Layer (the ‘Protocol’), and includes temporary storage and the customs procedures referred to in Articles 201 and 210 of Regulation (EU) No 952/2013;

• (8) ‘export’ means the exit of substances, products and equipment from the customs territory of the Union, in so far as the territory is covered by a ratification of the Protocol;

• (9) ‘hermetically sealed equipment’ means equipment of which all parts containing fluorinated greenhouse gas are made tight during the manufacturing process at the premises of the manufacturer by welding, brazing or a similar permanent connection, which may include capped valves or capped service ports that allow proper repair or disposal, and of which the joints in the sealed system have a tested leakage rate of less than 3 grams per year under a pressure of at least a quarter of the maximum allowable pressure;

• (10) ‘container’ means a receptacle which is designed primarily for transporting or storing fluorinated greenhouse gases;

• (11) ‘recovery’ means the collection and storage of fluorinated greenhouse gases from containers, products and equipment during maintenance or servicing or prior to the disposal of the containers, products or equipment;

• (12) ‘recycling’ means the reuse of a recovered fluorinated greenhouse gas following a basic cleaning process, including filtering and drying;

• (13) ‘reclamation’ means the reprocessing of a recovered fluorinated greenhouse gas to the equivalent performance of a virgin substance, taking into account its intended use, in authorised reclamation facilities that have the appropriate equipment and procedures in place to enable the reclamation of such gases and that can assess and attest to the level of the required quality;

• (14) ‘destruction’ means the process of transforming or decomposing, permanently and as completely as possible, a fluorinated greenhouse gas into one or more stable substances that are not fluorinated greenhouse gases;

• (15) ‘decommissioning’ means the permanent removal from operation or usage of a product or of equipment that contains fluorinated greenhouse gases, including the final shutdown of a facility;

• (16) ‘repair’ means the restoration of damaged or leaking products or equipment that contain fluorinated greenhouse gases or whose functioning relies upon those gases, involving a part containing or designed to contain such gases;

• (17) ‘installation’ means the process of joining two or more pieces of equipment or circuits containing or designed to contain fluorinated greenhouse gases, with a view to assembling a system in the location where it will be operated, that entails joining together gas-carrying conductors of a system to complete a circuit irrespective of the need to charge the system after assembly;

• (18) ‘maintenance or servicing’ means all activities, excluding recovery in accordance with Article 8 and leak checks in accordance with Article 4 and Article 10(1), first subparagraph, point (b), that entail opening the circuits or other subparts containing or designed to contain fluorinated greenhouse gases, supplying the system with fluorinated greenhouse gases, removing one or more pieces of circuit or equipment, reassembling two or more pieces of circuit or equipment, as well as repairing leaks, or adding fluorinated greenhouse gas;

• (19) ‘virgin substance’ means a substance which has not previously been used;

• (20) ‘stationary’ means not normally in transit during operation and covers room air conditioning equipment which is moveable between rooms;

• (21) ‘mobile’ means normally in transit during operation;

• (22) ‘one-component foam’ means a foam composition contained in a single aerosol dispenser in unreacted or partly reacted liquid state and that expands and hardens when it leaves the dispenser;

• (23) ‘refrigerated truck’ means a motor vehicle with a mass of more than 3,5 tonnes that is designed and constructed primarily to carry goods and that is equipped with a refrigeration unit;

• (24) ‘refrigerated trailer’ means a vehicle that is designed and constructed to be towed by a road vehicle or a tractor, primarily to carry goods and that is equipped with a refrigeration unit;

• (25) ‘refrigerated light-duty vehicle’ means a motor vehicle with a mass of 3,5 tonnes or less that is designed and constructed primarily to carry goods and that is equipped with a refrigeration unit;

• (26) ‘leakage detection system’ means a calibrated mechanical, electrical or electronic device for detecting leakage of fluorinated greenhouse gases which, on detection, alerts the operator;

• (27) ‘undertaking’ means any natural or legal person which carries out an activity referred to in this Regulation;

• (28) ‘feedstock’ means any fluorinated greenhouse gas listed in Annex I or II, that undergoes chemical transformation in a process in which it is entirely converted from its original composition and whose emissions are insignificant;

• (29) ‘commercial use’ means use for the storage, display or dispensing of products, for sale to end users, in retail and food services;

• (30) ‘fire protection equipment’ means the equipment and systems utilised in fire prevention or suppression applications and includes fire extinguishers;

• (31) ‘organic Rankine cycle’ means a cycle containing condensable substances converting heat from a heat source into power for the generation of electric or mechanical energy;

• (32) ‘military equipment’ means arms, munitions and material intended specifically for military purposes which are necessary for the protection of the essential interests of the security of Member States;

• (33) ‘electrical switchgear’ means switching devices and the combination of such devices with associated control, measuring, protective and regulating equipment, and assemblies of such devices and equipment with associated interconnections, accessories, enclosures and supporting structures, intended for usage in connection with the generation, transmission, distribution and conversion of electric energy;

• (34) ‘multipack centralised refrigeration systems’ means systems with two or more compressors operated in parallel, which are connected to one or more common condensers and to a number of cooling devices such as display cases, cabinets and freezers, or to chilled store rooms;

• (35) ‘primary refrigerant circuit of cascade systems’ means the primary circuit in indirect medium temperature systems where a combination of two or more separate refrigeration circuits are connected in series such that the primary circuit absorbs the condenser heat from a secondary circuit for the medium temperature;

• (36) ‘use’ means, in relation to fluorinated greenhouse gases, their utilisation in the production, maintenance or servicing, including refilling, of products and equipment, or in other activities and processes referred to in this Regulation;

• (37) ‘establishment within the Union’ means, in relation to a natural person, for that person to have his or her habitual residence in the Union and, in relation to a legal person, for that person to have a permanent business establishment as referred to in Article 5, point (32), of Regulation (EU) No 952/2013 in the Union;

• (38) ‘self-contained’ means a complete factory-made system which is in a suitable frame or casing, is fabricated and transported complete or in two or more sections, can contain isolation valves and in which no gas-containing parts are connected on site;

• (39) ‘split system’ means a system consisting of a number of refrigerant piped units that form a separate but interconnected unit, requiring the installation and connection of refrigerant circuit components at the point of use;

• (40) ‘air-conditioning’ means the process of treating air to meet the requirements of a conditioned space by controlling its temperature, humidity, cleanliness or distribution;

• (41) ‘heat pump’ means a piece of equipment capable of using ambient heat or waste heat from air, water or ground sources to provide heat or cooling and is based on the interconnection of one or more components forming a closed cooling circuit in which a refrigerant circulates to extract and release heat;

• (42) ‘safety requirements’ means requirements on the safety of using fluorinated greenhouse gases and natural refrigerants or products and equipment containing or relying on them, prohibiting the use of certain fluorinated greenhouse gases or their alternatives, including when contained in a product or in equipment at a specific place of intended utilisation due to site and application specificities that are set out in:
• (a) Union or national law; or
• (b) a non-legally binding act containing technical documentation or standards that have to be applied to ensure safety at the specific location, provided that they are in accordance with relevant Union or national law;

• (43) ‘refrigeration’ means the process of maintaining or lowering the temperature of a product, substance, system or other item;

• (44) ‘chiller’ means a single system whose primary function is to cool a heat transfer fluid (such as water, glycol, brine or CO2) for refrigeration, process, preservation or comfort purposes;

• (45) ‘foam panel’ means a structure made of layers containing a foam and a rigid material, such as wood or metal, bound to one or both sides;

• (46) ‘laminated board’ means a foam board that is covered by a thin layer of a non-rigid material, such as plastic.

CHAPTER II Containment

Article 4

Prevention of emissions

If an intentional release is technically necessary for the intended use, operators of equipment that contains fluorinated greenhouse gases or of facilities where fluorinated greenhouse gases are used shall take all measures that are technically and economically feasible to prevent, to the extent possible, their release into the atmosphere, including by recapturing the gases emitted.

Where the equipment is subject to leak checks under Article 5(1) and a leak in the equipment has been repaired, the operators of the equipment shall ensure that the equipment is checked by a natural person who is certified in accordance with Article 10 at the earliest after an operating time of 24 hours has elapsed but not later than 1 month after the repair to verify that the repair has been effective. For mobile equipment listed in Article 5(3), points (a), (b) and (c), a leak check may be carried out directly after a repair.

For the purpose of providing that evidence, producers and importers shall draw up a declaration of conformity, accompanied by supporting documentation:

• (a) establishing the origin of the fluorinated greenhouse gases to be placed on the market;

• (b) identifying the production facility of origin of the fluorinated greenhouse gases to be placed on the market, including an identification of those facilities of origin of any precursor substances that involve the generation of chlorodifluoromethane (R-22) as part of the production process to produce the fluorinated greenhouse gases to be placed on the market;

• (c) proving the availability and operation of the abatement technology at the facilities of origin equivalent to UNFCCC-approved baseline methodology AM0001 for incineration of trifluoromethane waste streams or proving the capture and destruction methodology that ensured that emissions of trifluoromethane are destroyed in accordance with the requirements under the Protocol;

• (d) on any additional information facilitating the tracking of the fluorinated greenhouse gas prior to import.

Producers and importers shall keep the declaration of conformity and supporting documentation for a period of at least 5 years from the placing on the market and make them 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 detailed arrangements relating to the declaration of conformity and supporting documentation referred to in the second subparagraph. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 34(2).

Legal persons carrying out the installation, maintenance or servicing, repair or decommissioning of the equipment listed in Article 5(2), points (a) to (e), and Article 5(3), points (a) and (b), shall be certified in accordance with Article 10 and shall take precautionary measures to prevent leakage of fluorinated greenhouse gases listed in Annex I and Section 1 of Annex II.

Natural persons carrying out the maintenance or servicing and repair of air-conditioning equipment containing fluorinated greenhouse gases in motor vehicles falling within the scope of Directive 2006/40/EC of the European Parliament and of the Council ([^E0001]) and of mobile equipment listed in Article 5(3), point (c), of this Regulation shall hold at least a training attestation in accordance with Article 10(1), second subparagraph, of this Regulation.

Article 5

Leak checks

Hermetically sealed equipment shall not be checked for leaks provided that it is labelled as hermetically sealed equipment and that it complies with one of the following conditions:

• (a) it contains less than 10 tonnes of CO2 equivalent of fluorinated greenhouse gases listed in Annex I; or

• (b) it contains less than 2 kilograms of fluorinated greenhouse gases listed in Section 1 of Annex II.

By way of derogation from the second subparagraph, where hermetically sealed equipment is installed in residential buildings, it shall not be checked for leaks where that equipment contains less than 3 kilograms of fluorinated greenhouse gases provided that it is labelled as hermetically sealed.

Electrical switchgear shall not be checked for leaks provided that it complies with one of the following conditions:

• (a) it has a tested leakage rate of less than 0,1 % per year as set out in the technical specification of the manufacturer and is labelled accordingly;

• (b) it is equipped with a pressure or density monitoring device with an automatic alert system while in operation;

• (c) it contains less than 6 kilograms of fluorinated greenhouse gases listed in Annex I.

• (a) refrigeration equipment;

• (b) air-conditioning equipment;

• (c) heat pumps;

• (d) fire protection equipment;

• (e) organic Rankine cycles;

• (f) electrical switchgear.

• (a) refrigeration units of refrigerated trucks and refrigerated trailers;

• (b) refrigeration units of refrigerated light-duty vehicles, intermodal containers, including reefers, and train wagons;

• (c) air-conditioning equipment and heat pumps in heavy duty vehicles, vans, non-road mobile machinery used in agriculture, mining and construction operations, trains, metros, trams and aircraft.

As regards the equipment referred to in paragraph 2, points (a) to (e), and points (a) and (b) of this paragraph, the checks shall be carried out by natural persons certified in accordance with Article 10.

• (a) for equipment that contains less than 50 tonnes of CO2 equivalent of fluorinated greenhouse gases listed in Annex I or less than 10 kilograms of fluorinated greenhouse gases listed in Section 1 of Annex II: at least every 12 months; or where a leakage detection system is installed in such equipment, at least every 24 months;

• (b) for equipment that contains 50 tonnes of CO2 equivalent or more, but less than 500 tonnes of CO2 equivalent of fluorinated greenhouse gases listed in Annex I or 10 kilograms or more, but less than 100 kilograms of fluorinated greenhouse gases listed in Section 1 of Annex II: at least every 6 months or, where a leakage detection system is installed in such equipment, at least every 12 months;

• (c) for equipment that contains 500 tonnes of CO2 equivalent or more of fluorinated greenhouse gases listed in Annex I or 100 kilograms or more of fluorinated greenhouse gases listed in Section 1 of Annex II: at least every 3 months or, where a leakage detection system is installed in such equipment, at least every 6 months.

• (a) the existing inspection regime meets ISO 14520 or EN 15004 standards; and

• (b) the fire protection equipment is inspected as often as is required under paragraph 6.

The obligations set out in paragraph 1, for mobile air-conditioning equipment and heat pumps, as referred to in paragraph 3, point (c), shall be deemed to be fulfilled provided that the mobile air-conditioning equipment and the heat pumps are subject to a regular inspection regime that includes leak checks.

Article 6

Leakage detection systems

Article 7

Record-keeping

• (a) the quantity and type of gases contained in the equipment, indicating separately, if applicable, the quantity added during installation;

• (b) the quantities of gases added during maintenance or servicing or due to leakage, including the date of such addition;

• (c) the quantity of gases recovered;

• (d) where gases have been added, the quantity and type of those gases and whether they have been recycled or reclaimed, and the name and address in the Union of the recycling or reclamation facility and, where applicable, the certificate number;

• (e) the identity of the undertaking which installed, serviced, maintained and, where applicable, recovered, repaired, checked for leaks or decommissioned the equipment, including, where applicable, the number of its certificate and where the undertaking responsible for carrying out those operations is a legal person, both the identifying details of the undertaking and of the natural person performing the operations;

• (f) the dates and results of the checks carried out under Article 5(1), as well as the dates and results of any leak repairs;

• (g) if the equipment was decommissioned, the measures taken to recover and dispose of the gases.

• (a) the operators referred to in paragraph 1 shall keep the records referred to in that paragraph for at least 5 years;

• (b) undertakings carrying out the activities referred to in paragraph 1, point (e), for operators shall keep copies of the records referred to in paragraph 1 for at least 5 years.

The records referred to in paragraph 1 shall be made available, upon request, to the competent authority of the Member State concerned or to the Commission.

• (a) the certificate number of each purchaser;

• (b) the respective quantities of the gases purchased.

The undertakings supplying the gases shall keep the records for at least 5 years and make those records available, upon request, to the competent authority of the Member State concerned or to the Commission.

• (a) name of the substance or mixture containing such substance;

• (b) quantity produced, imported, exported, reclaimed or destroyed during the given calendar year;

• (c) quantity supplied and received during the given calendar year, per individual supplier or receiver;

• (d) names and contact details of the suppliers or receivers;

• (e) quantity used, during the given calendar year and specifying the actual use; and

• (f) quantity stored on 1 January and 31 December of the given calendar year.

The undertakings shall keep the records referred to in the first subparagraph for at least 5 years after production, placing on the market, supply or receipt, and shall make them available, upon request, to the competent authorities of the Member State concerned or to the Commission. Those competent authorities and the Commission shall ensure the confidentiality of information contained in those records.

Article 8

Recovery and destruction

The recovery of those substances shall be carried out by natural persons who hold the relevant certificates provided for in Article 10.

• (a) the cooling circuits of refrigeration, air-conditioning equipment and heat pumps;

• (b) equipment that contains fluorinated greenhouse gas-based solvents;

• (c) fire protection equipment;

• (d) electrical switchgear.

• (a) the cooling circuits of refrigeration units of refrigerated trucks and refrigerated trailers;

• (b) the cooling circuits of refrigeration units of refrigerated light-duty vehicles and intermodal containers, including reefers, and train wagons;

• (c) the cooling circuits of air-conditioning equipment and heat pumps in heavy duty vehicles, vans, non-road mobile machinery used in agriculture, mining and construction operations, trains, metros, trams and aircraft.

Where removal of the foams referred to in the first subparagraph is not technically feasible, the building owner or contractor shall draw up documentation providing evidence on the infeasibility of the removal in the specific case. Such documentation shall be kept for 5 years and shall be made available, upon request, to the competent authority of the Member State concerned or to the Commission.

The recovery of fluorinated greenhouse gases listed in Annex I and in Section 1 of Annex II from air-conditioning equipment in road vehicles outside the scope of Directive 2006/40/EC shall be carried out only by natural persons holding at least a training attestation in accordance with Article 10(1), second subparagraph, of this Regulation.

Other fluorinated greenhouse gases for which the destruction technology has not been approved shall be destroyed only by destruction technology that complies with Union and national law on waste and where additional requirements under such law are met.

Article 9

Extended producer responsibility schemes

Without prejudice to existing extended producer responsibility schemes, Member States shall ensure that by 31 December 2027, the financing obligations for waste electrical and electronic equipment referred to in Articles 12 and 13 of Directive 2012/19/EU include the financing of the recovery, and the recycling, reclamation or destruction, of fluorinated greenhouse gases listed in Annexes I and II to this Regulation from the products and equipment, containing those gases, which are electrical and electronic equipment within the meaning of Directive 2012/19/EU and that have been placed on the market from 11 March 2024.

Member States shall inform the Commission about the actions undertaken.

Article 10

Certification and training

• (a) installation, maintenance or servicing, repair or decommissioning of the equipment listed in Article 5(2), points (a) to (f), and in Article 5(3), points (a) and (b);

• (b) leak checks of the equipment referred to in Article 5(2), points (a) to (e), and in Article 5(3), points (a) and (b);

• (c) recovery from equipment listed in Article 8(2), and in Article 8(3), point (a).

Natural persons shall hold at least a training attestation to carry out the following activities involving fluorinated greenhouse gases within the meaning of Article 4(7), Article 5(1), Article 8(1), and Article 8(10), covering the fluorinated greenhouse gases specified therein, or involving relevant alternatives to fluorinated greenhouse gases, including natural refrigerants, where relevant:

• (a) maintenance or servicing, or repair of air-conditioning equipment in motor vehicles falling within the scope of Directive 2006/40/EC, and recovering of fluorinated greenhouse gases from such equipment;

• (b) recovering fluorinated greenhouse gases from equipment listed in Article 8(3), points (b) and (c), and in Article 8(10), second subparagraph;

• (c) maintenance or servicing, repair and leak checks of equipment listed in Article 5(3), point (c).

• (a) applicable regulations and technical standards;

• (b) emission prevention;

• (c) recovery of fluorinated greenhouse gases listed in Annex I and in Section 1 of Annex II;

• (d) safe handling of equipment of the type and size covered by the certificate;

• (e) safe handling of equipment containing flammable or toxic gases or operating under high-pressure or involving other relevant risks;

• (f) the measures for improving or maintaining the energy efficiency of equipment during installation, or maintenance or servicing.

Member States shall recognise certificates and training attestations issued in another Member State in accordance with this Article. They shall not restrict the freedom to provide services or the freedom of establishment because a certificate was issued in another Member State.

Member States which apply the first subparagraph shall inform the Commission. The Commission shall thereafter inform the other Member States.

CHAPTER III Restrictions and control of use

Article 11

Restrictions on placing on the market and sale

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.

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.

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).

• (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).

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.

Article 12

Labelling and product and equipment information

• (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.

• (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 CO2 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.

• (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.

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).

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.

Article 13

Control of use

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).

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.

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.

• (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.

• (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 more than 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.

• (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.