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)

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.

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:

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.

For the purposes of this Article, Article 15 and Annex V, the production of hydrofluorocarbons is the amount of hydrofluorocarbons produced minus the amount destroyed by technology approved by the Parties to the Protocol, and minus the amount entirely used as feedstock in the manufacture of other chemicals, but including hydrofluorocarbons generated as a by-product, unless not captured or unless that by-product is destroyed as part of or after the production process by the producer or handed over to another undertaking for destruction. No amount of reclaimed hydrofluorocarbons shall be considered in the calculation of the production of hydrofluorocarbons.

The production of hydrofluorocarbons shall be allowed to the extent that producers have been allocated production rights by the Commission in accordance with this Article.

Before 1 January 2025, the Commission shall, by means of implementing acts, allocate production rights on the basis of Annex V for producers that produced hydrofluorocarbons in 2022, based on data reported under Article 19 of Regulation (EU) No 517/2014. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 34(2).

The Commission may, by means of implementing acts, at the request of the competent authority of a Member State, amend the implementing acts referred to in paragraph 3 in order to allocate additional production rights to the producers referred to in paragraph 3 or any other undertakings established in the Union, unless the production limits of the Member State under the Protocol are exceeded. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 34(2).

In the absence of an implementing act being effective before 1 January 2025, producers may continue to produce hydrofluorocarbons without production rights being allocated. The hydrofluorocarbons produced during such period shall count towards the allocation of production rights once issued in accordance with the implementing act referred to in paragraph 3.

Three years following the adoption of the implementing acts referred to in paragraph 3, and every 3 years thereafter, the Commission shall review and, if needed, amend those implementing acts, taking into account the changes to the production rights pursuant to Article 15 during the preceding 3 years. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 34(2).

For the purpose of industrial rationalisation within a Member State, producers may transfer totally or partially their production rights to any other undertaking in that Member State, provided that the calculated levels of production of Parties to the Protocol are respected. Transfers shall be approved by the Commission and the relevant competent authorities and carried out via the F-gas Portal.

For the purpose of industrial rationalisation between Member States, the Commission may, in agreement with both the competent authority of the Member State in which a producer’s relevant production is situated, and the competent authority of the Member State in which excess calculated levels of production under the Protocol are available, authorise via the F-gas Portal that producer to exceed its production rights referred to in Article 14(3) by a specified amount, considering the conditions set out in the Protocol.

The Commission may, in agreement with both the competent authority of the Member State in which a producer’s relevant production is situated and the competent authority of the third country Party concerned, authorise a producer to combine the production rights referred to in Article 14 with the calculated levels of production allowed to a producer in a third country Party under the Protocol and that producer’s national law for the purpose of industrial rationalisation with a third country Party, provided that the combined production by the two producers do not lead to an exceedance of calculated levels of production of the two Parties to the Protocol and any relevant national law is respected.

The placing on the market of hydrofluorocarbons shall be allowed only to the extent that producers and importers have been allocated quota by the Commission as set out in Article 17.

Paragraph 1 shall not apply to hydrofluorocarbons that are:

The Commission is empowered to adopt delegated acts in accordance with Article 32 to amend paragraph 2 and exclude from the quota requirement laid down in paragraph 1 hydrofluorocarbons in accordance with decisions of the Parties to the Protocol.

Following a substantiated request by a competent authority of a Member State and taking into account the objectives of this Regulation, and in light of any data provided by the European Medicines Agency, the Commission may, exceptionally, by means of implementing acts, authorise an exemption for up to 4 years to exclude from the quota requirement laid down in paragraph 1 hydrofluorocarbons for use in specific applications, or specific categories of products or equipment, where it is demonstrated in the request that:

The emission of hydrofluorocarbons during production shall be considered as being placed on the market the year in which they occur.

This Article and Articles 17, 20 to 29 and 31 shall also apply to hydrofluorocarbons contained in pre-blended polyols.

By 31 October 2024 and at least every 3 years thereafter, the Commission shall determine reference values for producers and importers in accordance with Annex VII for the placing on the market of hydrofluorocarbons.

An producer or importer may notify the Commission of a permanent succession or acquisition of the part of its business relevant to this Article that results in a change of the attribution of its reference values and those of its legal successor.

By 1 June 2024 and by 1 April 2027 and at least every 3 years thereafter, producers and importers may make a declaration for receiving quota from the reserve referred in Annex VIII via the F-gas Portal.

By 31 December 2024 and every year thereafter, the Commission shall allocate quota for each producer and importer for placing on the market of hydrofluorocarbons, pursuant to Annex VIII. Quota shall be notified via the F-gas Portal to producers and importers.

The quota allocations shall be subject to the payment of the amount due which equals EUR 3 for each tonne of CO2 equivalent of quota to be allocated. Producers and importers shall be notified via the F-gas Portal of the total amount due for their calculated maximum quota allocation for the following calendar year and of the deadline for completing the payment. The Commission may, by means of implementing acts, determine the detailed arrangements for the payment of the amount due. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 34(2).

The Commission is empowered to adopt delegated acts in accordance with Article 32 to amend paragraph 5 of this Article as regards the amounts due for the quota allocation and the mechanism to allocate remaining quota, in order to compensate for inflation.

Every year, or more often following a substantiated request by a competent authority of a Member State, the Commission shall, after consultation of relevant stakeholders, assess the impact of the quota phase-down system laid down in Annex VII on the Union’s heat pump market considering relevant factors in particular, the development of prices of fluorinated greenhouse gases listed in Section 1 of Annex I the growth rate of heat pumps still requiring such gases, the market uptake of alternative technology and the state of the heat pump deployment rate target provided under the REPowerEU Plan. The Commission shall include the conclusions from those assessments in the relevant Annual Activity Report on Climate Action.

The revenue generated from the quota allocation amount shall constitute external assigned revenue in accordance with Article 21(5) of Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council ([^E0002]). That revenue shall be assigned to the LIFE programme and to Heading 7 of the multiannual financial framework (European Public Administration), to cover the costs of external staff working on the management of the quota allocation, IT services, and licensing systems for the purpose of implementation of this Regulation and for ensuring compliance with the Protocol. The revenue used to cover those costs shall not exceed the maximum annual amount of EUR 3 million. Any revenue remaining after covering these costs shall be entered into the general budget of the Union.

Quota shall be allocated only to producers or importers that have an establishment within the Union, or which have appointed an only representative with an establishment within the Union that assumes the full responsibility for compliance with this Regulation and with the requirements of Title II of Regulation (EC) No 1907/2006. The only representative may be the same as the one appointed pursuant to Article 8 of Regulation (EC) No 1907/2006.

Only producers and importers that have experience in trading activities of chemicals or in servicing refrigeration, air-conditioning or fire protection equipment or heat pumps for 3 consecutive years prior to the quota allocation period, may submit a declaration referred to in Article 17(3) or receive a quota allocation on that basis, pursuant to Article 17(4). The producers and importers shall submit evidence to that effect to the Commission, upon request.

For the purpose of registration in the F-gas Portal, producers and importers shall provide a physical address where the undertaking is located and from where it conducts its business. Only one undertaking shall be registered under the same physical address.

Refrigeration and air-conditioning equipment, heat pumps and metered dose inhalers pre-charged with substances listed in Section 1 of Annex I shall not be placed on the market unless those substances with which the products or equipment have been pre-charged are accounted for within the quota system referred to in this Chapter.

When placing on the market pre-charged products or equipment as referred to in paragraph 1, manufacturers and importers of products or equipment shall ensure that compliance with paragraph 1 is fully documented and shall draw up a declaration of conformity in this respect.

Where hydrofluorocarbons contained in the products or equipment referred to in paragraph 1 have not been placed on the market prior to the charging of the products or equipment, importers of those products or equipment shall ensure that, by 30 April 2025 and every year thereafter, the accuracy of the documentation, the declaration of conformity and the veracity of their report pursuant to Article 26(7) is confirmed, for the preceding calendar year, at a reasonable level of assurance by an independent auditor registered in the F-gas Portal.

The Commission shall, by means of implementing acts, determine the detailed arrangements relating to the declaration of conformity referred to in paragraph 2, the verification by the independent auditor and the accreditation of auditors. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 34(2).

An importer of products or equipment referred to in paragraph 1, which has no establishment in the Union, shall appoint an only representative with an establishment within the Union that assumes the full responsibility of complying with this Regulation. The only representative may be the same as the one appointed pursuant to Article 8 of Regulation (EC) No 1907/2006.

This Article shall not apply to undertakings that placed on the market less than 10 tonnes of CO2 equivalent of hydrofluorocarbons, per year, contained in the products or equipment referred to in paragraph 1.

The Commission shall set up and ensure the operation of an electronic system for the management of the quota system, licensing requirements of imports and exports, and reporting obligations on fluorinated greenhouse gases (the ‘F-gas Portal’).

The Commission shall ensure the interconnection of the F-gas Portal with the EU Single Window Environment for Customs through the European Union Customs Single Window – Certificates Exchange System (EU CSW-CERTEX) established by Regulation (EU) 2022/2399.

Member States shall ensure the interconnection of their national single window environments for customs with the EU CSW-CERTEX for the purpose of exchanging information with the F-gas Portal.

Undertakings shall have a valid registration in the F-gas Portal prior to carrying out any of the following activities:

A valid registration in the F-Gas Portal at the moment of import or export constitutes a licence required under Article 22.

The Commission shall, to the extent necessary, by means of implementing acts, clarify the rules of registration in the F-gas Portal to ensure the smooth functioning of the F-gas Portal and compatibility with the EU Single Window Environment for Customs. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 34(2).

The competent authorities, including customs authorities, of the Member States shall have access to the F-gas Portal to enable the implementation of the relevant requirements and controls. Access to the F-gas Portal by customs authorities shall be ensured via the EU Single Window Environment for Customs.

Any requests by producers and importers to correct the information they recorded in the F-gas Portal concerning transfers of quota referred to in Article 21(1), authorisations to use quota referred to in Article 21(2) or delegations of authorisations referred to in Article 21(3), shall be communicated, with the consent of all undertakings involved in the transaction, to the Commission without undue delay and at the latest by 31 March of the year following that of the recording of the transfer of quota or the authorisation to use quota, or the delegation of the authorisation, as appropriate. The request shall be substantiated with evidence establishing that it concerns a clerical error.

Any producer or importer for whom a reference value has been determined pursuant to Article 17(1) may transfer in the F-gas Portal its quota allocation on the basis of Article 17(4), for all or any quantities, to another producer or importer in the Union or to another producer or importer which is represented in the Union by an only representative referred to in Article 18(1).

Any producer or importer for whom a reference value has been determined pursuant to Article 17(1), may authorise in the F-gas Portal an undertaking in the Union or represented in the Union by an only representative referred to in Article 19(5), to use all or part of its quota for the purpose of importing pre-charged equipment referred to in Article 19.

Any undertaking receiving authorisations may delegate that authorisation to use quota received in accordance with paragraph 2 in the F-gas Portal to an undertaking for the purpose of importing pre-charged equipment referred to in Article 19. A delegated authorisation shall not be delegated a second time.

Transfers of quota, authorisations to use quota and delegations of authorisations carried out via the F-gas Portal shall only be valid if the receiving undertaking accepts it via the F-gas Portal.

The import and export of fluorinated greenhouse gases, and products and equipment containing fluorinated greenhouse 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.

Fluorinated greenhouse gases imported into the Union shall be considered as virgin gases.

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.

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.

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.

Customs authorities and market surveillance authorities shall enforce the prohibitions and other restrictions set out in this Regulation with regard to imports and exports.

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.

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:

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.

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.

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.

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).

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.

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.

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:

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.

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.

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.

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:

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.

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.

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.

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).

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.

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).

By 31 March 2025 and every year thereafter, each producer, importer and exporter that produced, imported or exported hydrofluorocarbons or quantities exceeding one metric tonne or 100 tonnes of CO2 equivalent of other fluorinated greenhouse gases during the preceding calendar year shall report to the Commission the data specified in Annex IX on each of those substances for that calendar year. This paragraph shall also apply to all undertakings receiving quota pursuant to Article 21(1).

By 31 March 2025 and every year thereafter, each undertaking that destroyed hydrofluorocarbons or quantities of other fluorinated greenhouse gases exceeding one metric tonne or 100 tonnes of CO2 equivalent during the preceding calendar year shall report to the Commission the data specified in Annex IX on each of those substances for that calendar year.

By 31 March 2025, each undertaking that used 1 000 tonnes of CO2 equivalent or more of fluorinated greenhouse gases listed in Annex I as feedstock during the preceding calendar year shall report to the Commission the data specified in Annex IX on each of those substances for that calendar year.

By 31 March 2025, each undertaking that placed 10 tonnes of CO2 equivalent or more of hydrofluorocarbons, or 100 tonnes of CO2 equivalent or more of other fluorinated greenhouse gases, contained in products or equipment on the market during the preceding calendar year shall report to the Commission the data specified in Annex IX on each of those substances for that calendar year.

By 31 March 2025 and every year thereafter, each undertaking that received any quantities of hydrofluorocarbons referred to in Article 16(2) shall report to the Commission the data specified in Annex IX on each of those substances for that calendar year.

By 31 March 2025 and every year thereafter, each undertaking that reclaimed quantities exceeding 1 metric tonne or 100 tonnes of CO2 equivalent of fluorinated greenhouse gases shall report to the Commission the data specified in Annex IX on each of those substances for that calendar year.

By 30 April 2025, each importer of equipment that placed on the market pre-charged equipment as referred to in Article 19 containing at least 1 000 tonnes of CO2 equivalent hydrofluorocarbons, and where those hydrofluorocarbons have not been placed on the market prior to the charging of the equipment, shall submit to the Commission a verification report issued pursuant to Article 19(3).

By 30 April 2025 and every year thereafter, each undertaking which, under paragraph 1, reports on the placing on the market of 1 000 tonnes of CO2 equivalent or more of hydrofluorocarbons during the preceding calendar year shall, in addition, ensure that the veracity of its report is confirmed, at a reasonable level of assurance, by an independent auditor. The auditor shall be registered in the F-gas Portal and shall be accredited:

All reporting and verification referred to in this Article shall be carried out via the F-gas Portal.

Where required to ensure compliance with this Regulation, the competent authorities of each Member State, including customs authorities, market surveillance authorities, environmental authorities and any other competent authority with inspection functions, shall cooperate with each other, with the competent authorities of other Member States, with the Commission and, if necessary, with administrative authorities of third countries.

Where the customs authorities, the market surveillance authorities or any other competent authority of a Member State detect an infringement of this Regulation, that competent authority shall notify the environmental authority or, if not relevant, any other authority responsible for the enforcement of penalties in accordance with Article 31.

Member States shall ensure that their competent authorities are able to efficiently have access to and exchange between them any information necessary for the enforcement of this Regulation. Such information shall include customs related data, information on ownership and financial status, any violation of environmental law, as well as data recorded in the F-gas Portal.

Competent authorities shall alert competent authorities of other Member States when they detect an infringement of this Regulation that may affect more than one Member State. Competent authorities shall, in particular, inform competent authorities of other Member States when they detect a relevant product on the market that does not comply with this Regulation, to enable that it is seized, confiscated, withdrawn or recalled from the market for disposal.

The competent authorities of Member States shall carry out checks to establish whether undertakings comply with their obligations under this Regulation.

The checks shall be carried out following a risk-based approach, which takes into consideration, in particular, the history of compliance of undertakings, the risk of non-compliance of a specific product with this Regulation, and any other relevant information received from the Commission, customs authorities, market surveillance authorities, environmental authorities and other authorities with inspection functions of the Member States, or from competent authorities of third countries.

The checks referred to in paragraphs 1 and 2 shall include:

The competent authorities of Member States shall keep records of the checks, indicating in particular their nature and results, and of the measures taken in the event of non-compliance. Records of all checks shall be kept for at least 5 years.

At the request of another Member State, a Member State may carry out checks or other formal investigations of undertakings suspected of being engaged in the illegal movement of gases, products or equipment covered by this Regulation and which are operating on the territory of that Member State. The requesting Member State shall be informed about the result of the check or of the investigation.

In carrying out the tasks assigned to it by this Regulation, the Commission may request all necessary information from competent authorities of Member States and from undertakings. When requesting information from an undertaking, the Commission shall at the same time forward a copy of the request to the competent authority of the Member State within the territory of which the undertaking’s seat is situated.

The Commission shall take appropriate steps to promote an adequate exchange of information and cooperation between competent authorities of Member States and between those competent authorities and the Commission. The Commission shall take appropriate steps to protect the confidentiality of information obtained under this Article.

Without prejudice to the obligations of Member States under Directive 2008/99/EC of the European Parliament and of the Council ([^E0006]), Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that those penalties are implemented. Before 1 January 2026, Member States shall notify the Commission of those rules and of those measures and shall notify it, without delay, of any subsequent amendment affecting them.

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

The penalties shall include:

Administrative financial penalties referred to in paragraph 3, point (a), shall be proportionate to the environmental damage, where applicable, and effectively deprive those responsible of the economic benefits derived from their infringements. The level of administrative financial penalties shall gradually increase for repeated infringements.

In addition to the penalties referred to in paragraph 1, undertakings that have exceeded their quota for placing hydrofluorocarbons on the market, allocated in accordance with Article 17(4), or transferred to them in accordance with Article 21(1), may only be allocated a reduced quota allocation for the allocation period after the excess has been detected.

The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

The power to adopt delegated acts referred to in Article 8(12), Article 12(18), Article 16(3), Article 17(6), Article 17(7), second subparagraph, Article 24(1), Article 25(2), Article 35(1) and Article 35(2) shall be conferred on the Commission for an indeterminate period of time from 11 March 2024.

The delegation of power referred to in Article 8(12), Article 12(18), Article 16 (3), Article 17(6), Article 17(7), second subparagraph, Article 24(1), Article 25(2), Article 35(1) and Article 35(2) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.

As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

A delegated act adopted pursuant to Article 8(12), Article 12(18), Article 16(3), Article 17(6), Article 17(7), second subparagraph, Article 24(1), Article 25(2), Article 35(1) and Article 35(2) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

The Commission shall be assisted by a committee on fluorinated greenhouse gases. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

The Commission is empowered to adopt delegated acts in accordance with Article 32 to amend Annexes I, II, III and VI as regards the global warming potential of the gases listed therein, where it is necessary in the light of new Assessment Reports adopted by the IPCC or new reports of the Scientific Assessment Panel (SAP) of the Protocol.

The Commission is empowered to adopt delegated acts in accordance with Article 32 to amend the lists of gases in Annexes I, II and III, where it has been found by the SAP or by another authority of equivalent stature that such gases have a significant impact on the climate and where such gases are exported, imported, produced or placed on the market in significant quantities.

By 1 July 2027, the Commission shall publish a report assessing whether cost-effective, technically feasible, energy-efficient and reliable alternatives exist, which make the replacement of fluorinated greenhouse gases possible in mobile refrigeration and mobile air-conditioning equipment, and where appropriate, put forward a legislative proposal to the European Parliament and to the Council to amend the list set out in Annex IV.

By 1 July 2028, the Commission shall publish a report assessing the impact of this Regulation on the health sector, particularly the availability of metered dose inhalers for the delivery of pharmaceutical ingredients, as well as the impact on the market of cooling equipment used in conjunction with batteries.

By 1 January 2030, the Commission shall publish a report on the effects of this Regulation.

Before 1 January 2040, the Commission shall review the needs for hydrofluorocarbons in the sectors where they are still used and the phase-out of HFC quota set out in Annex VII for the year 2050, in particular, taking into account technological developments, the availability of alternatives to hydrofluorocarbons for the relevant applications and the Union’s climate targets. Where appropriate, the review shall be accompanied by a legislative proposal to the European Parliament and Council.

The European Scientific Advisory Board on Climate Change, established under Article 10a of Regulation (EC) No 401/2009 of the European Parliament and of the Council ([^E0007]), may, on its own initiative, provide scientific advice and issue reports on the coherence of this Regulation with the objectives of Regulation (EU) 2021/1119 and the Union’s international commitments under the Paris Agreement.

Regulation (EU) No 517/2014 is repealed.

Article 12 of Regulation (EU) No 517/2014 as applicable on 10 March 2024 shall continue to apply until 31 December 2024.

Article 14(2), second subparagraph, and Article 19 of Regulation (EU) No 517/2014 as applicable on 10 March 2024 shall continue to apply with regard to the reporting period from 1 January 2023 to 31 December 2023.

The quota allocated in accordance with Article 16(5) of Regulation (EU) No 517/2014 shall remain valid for the purpose of compliance with this Regulation. The exemption of hydrofluorocarbons referred to in Article 15(2), second subparagraph, point (f), of Regulation (EU) No 517/2014 shall apply until 31 December 2024.

References to the repealed Regulation shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex X.