Key changes for importers and producers in the new regulation
- Prior to the import
An import licence (= valid registration in the F-gas Portal) is required for all customs procedures.
Any HFCs quantities released for free circulation requires sufficient quota (there is no minimum threshold anymore).
Sufficient quota to cover each imported quantity is required at the moment of release for free circulation (and not only in balance at the end of the year).
A declaration of conformity, showing that R23 by-production has been destroyed or appropriately recovered, is required prior to release for free circulation.
A declaration of conformity is required prior to release for free circulation to showing that arrangements for the return of the container for refilling are already at place, is required prior to release for free circulation of the container.
- Customs declaration
- New information must be provided in the customs declaration (Article 23), i.e. quantity in metric tonnes and in CO2 equivalent of the F-gas, F-gas Portal registration number.
- Registration in the F-gas Portal
- Undertakings must also provide a physical address where the undertaking is located and from where it conducts its business. Only one undertaking may be located under the same physical address (Article 18).
- Quota and reference value
Importers and producers supplying bulk HFCs intended for use in metered dose inhalers are no longer exempt from the quota system (from 1st January 2025). They need sufficient quota prior to the release for free circulation.
New entrant companies, i.e. companies without a reference value, are no longer permitted to authorise their quota to equipment importers.
Pre-conditions for obtaining quota are, in particular, 3 years of experience in trading chemicals or servicing relevant F-gas equipment. Also, undertakings with the same beneficial owner are considered as a single undertaking and will therefore get only one reference value and only one quota allocation (Article 18).
Declarations for (additional) quota needs will be possible at least every 3 years and remain valid for the same duration (Article 17(3)).
Reference values are determined only for those producers and importers that placed HFCs on the market during the previous 3 years (Article 17(1)).
A payment of 3 Euros per tonne CO2 equivalent of quota has been introduced, starting with 2026 quota, to be allocated and paid for in 2025 (Article 17(5)). Payment is required before any quota can be allocated.
- Reporting and verification
From 2025 there is no minimum threshold for reporting on HFCs anymore, all quantities must be reported. All companies that received quota must report, even if they have not placed anything on the market (“nil report”). For other F-gases the threshold remains at 100t CO2eq or 1 metric tonne (Article 26). For reporting in 2024 on 2023 activities, the rules under Regulation (EU) 517/2014 remain applicable.
From 2025 the threshold for submitting a verification report for activities relating to HFCs has been established at 1000t CO2eq, for both bulk and equipment. Deadline is 30 April. The verification report must be uploaded through the reporting system (Article 26(8)).
The independent auditor to verify the report must be registered in the F-gas Portal.
- Production
- From 2025, production of HFCs in the EU requires production rights allocated by an Implementing Act.
Importer of bulk F-gases including HFCs
- Main obligations
Avoid emissions
Have an import license (=valid registration as bulk importer in the F-gas Portal) prior to the import. This also applies to all customs procedures, except temporary storage
For HFCs must have sufficient HFC quota in the F-gas Portal prior to release for free circulation.
Draw up a declaration of conformity which includes evidence confirming the binding arrangements for the return of the container for the purpose of refilling. Non-refillable containers cannot be imported, except for laboratory uses.
Draw up a declaration of conformity with additional supporting documents proving that any R23 by-production has been destroyed or recovered using best available technologies.
Ensure correct labelling of the F-gas container (Article 12).
Provide the required information in the customs declaration document (Article 23).
Report on F-gas related activities by 31 March for the previous year (Article 26 and Annex IX). No minimum threshold for importers of HFCs, whereas thresholds apply for other F-gases. For reporting on 2023 activities in 2024, the rules under Regulation (EU) 517/2014 remain applicable with the exemption that quota holders that have not placed HFCs on the market in 2023 must submit a nil report 2024.
For placing on the market of HFCs have an independently verification report submitted by an auditor in case the placing on the market of HFCs is amounting to 1000t CO2eq or more for the previous year, due by 30 April from 2025. The independent auditor to verify the report must be registered in the F-gas Portal and the auditor must submit the verified report through the reporting tool.
Exporter of bulk F-gases including HFCs
- Main obligations
Avoid emissions
Have an export license (=valid registration as bulk exporter in the F-gas Portal) prior to the export.
Ensure correct labelling of container (Article 12).
May not export non-refillable containers.
Provide the required information in the customs declaration document (Article 23).
Report on the F-gas related activities by 31 March for the previous year (Article 26 and Annex IX). There is no minimum threshold for reporting on HFCs anymore, all quantities must be reported. For other F-gases the threshold remains at 100t CO2eq. For reporting in 2024 on 2023 activities, the rules under Regulation (EU) 517/2014 remain applicable.
Producer of bulk F-gases, incl. HFCs
- Main obligations
Avoid emissions
Be registered as producer in the F-gas Portal.
Have sufficient production rights from the Commission, starting from 2025 (Article 14).
Ensure correct labelling of container (Article 12).
As regards HFCs, ensure that all HFCs placed on the EU market are covered by sufficient HFC quota in the F-gas Portal at the time of placing on the market.
Draw up a declaration of conformity which includes evidence confirming the pre-established binding arrangements for the return of the container for the purpose of refilling. Non-refillable containers cannot be imported, except for laboratory uses.
Draw up a declaration of conformity with additional supporting documents proving that any R23 by-production has been destroyed or recovered using best available technologies.
From 2025 report on F-gas related activities by 31 March for the previous year (Article 26 and Annex IX). There is no threshold for HFCs, whereas a minimum threshold of 100t CO2eq applies for other F-gases. In 2024, for reporting on 2023 activities, the rules under Regulation (EU) 517/2014 remain applicable with the exception that quota holders that have not placed HFCs on the market in 2023 must submit a nil report in 2024.
Undertakings receiving HFCs directly from an importer or producer of HFCs
- For the following purposes:
Destruction.
Feedstock applications.
Direct export as bulk gases.
Military equipment.
Etching of semiconductor material or the cleaning of chemicals vapour deposition chambers within the semiconductor manufacturing sector.
Producing metered dose inhalers for the delivery of pharmaceutical ingredients.
- Main obligations:
Avoid emissions.
Be registered in the F-gas Portal.
Report on your F-gas related activities by 31 March for the previous year in accordance with Article 26 and Annex IX of the F-gas Regulation. For reporting on 2023 activities in 2024, the rules under Regulation (EU) 517/2014 remain applicable.
Undertakings destroying or reclaiming F-gases (including HFCs)
- Main obligations:
Avoid emissions.
Be registered in the F-gas Portal.
Ensure that HFCs are destroyed in accordance with approved methods under the Montreal Protocol (Article 4).
Report on destroyed HFCs and on reclaimed quantities exceeding 1 metric tonne or 100t of CO2eq of F-gases by 31 March for the previous year in accordance with Article 26 and Annex IX of the F-gas Regulation.
For reporting on 2023 activities in 2024, the rules under Regulation (EU) 517/2014 remain applicable.
Undertakings using F-gases (including HFCs) as feedstock
- Main obligations:
Avoid emissions.
Be registered in the F-gas Portal and HFC Licensing System.
Report on e.g., F-gases used as feedstock or imported for feedstock by 31 March for the previous year in accordance with Article 26 and Annex IX of the F-gas Regulation, for quantities of 1 metric ton or 1000t CO2eq or more. For reporting on 2023 activities in 2024, the rules under Regulation (EU) 517/2014 remain applicable.