Key changes for importers and producers in the new regulation
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- Importers and producers supplying bulk HFCs intended for use in metered dose inhalers are no longer exempt from the quota system (from 1 January 2025). They need sufficient quota prior to the release for free circulation.
- New entrant companies, namely companies without a reference value, can no longer authorise their quota to equipment importers.
- The pre-conditions for obtaining quota are 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.
- 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.
- 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).
- Importers and producers supplying bulk HFCs intended for use in metered dose inhalers are no longer exempt from the quota system (from 1 January 2025). They need sufficient quota prior to the release for free circulation.
- New entrant companies, namely companies without a reference value, can no longer authorise their quota to equipment importers.
- The pre-conditions for obtaining quota are 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.
- The minimum threshold for reporting on HFCs will no longer apply from 2025, meaning that all quantities must be reported. All companies that received quota must report, even if they have not placed anything on the market (this is known as a “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.
- Starting from 2025, the threshold for submitting a verification report for activities relating to HFCs has been established at 1000t CO2eq. This applies to both bulk and equipment. The verification report must be uploaded through the reporting system (Article 26(8)) by 30 April.
- The independent auditor verifying the report must be registered in the F-gas Portal (Article 20).
- From 2025, production of HFCs in the EU requires production rights allocated by an Implementing Act (Articles 14, 15 and Annex V).
Importer of bulk F-gases including HFCs
Main obligations
- Avoid emissions (Article 4).
- Have an import license, which isalid registration as bulk importer in the F-gas Portal, prior to the import. This also applies to all customs procedures, except temporary storage (Articles 20 and 22).
- Have sufficient HFC quota in the F-gas Portal prior to release for free circulation (HFC quota system Article 16 to 19, Article 21 and Annexes VII and VIII).
- Draw up a declaration of conformity which includes evidence confirming the binding arrangements for the return of the container for the purpose of refilling (Article 11).
- Non-refillable containers cannot be imported, except for laboratory uses.
- Draw up a declaration of conformity with additional supporting documents proving that any R23 (trifluoromethane) by-production has been destroyed or recovered using best available technologies (Article 4).
- 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.
- Have an independent verification report submitted by an auditor in case the placing on the market of HFCs amounts to 1000t CO2eq or more for the previous year, due by 30 April from 2025. The independent auditor verifying the report must be registered in the F-gas Portal and the auditor must submit the verified report through the reporting tool (Article 26).
Exporter of bulk F-gases including HFCs
Main obligations
- Avoid emissions (Article 4).
- Have an export license (=valid registration as bulk exporter in the F-gas Portal) prior to the export (Articles 20 and 22).
- Ensure correct labelling of container (Article 12).
- May not export non-refillable containers (Article 11).
- Respect export prohibitions to states that have not ratified the Montreal Protocol by 2028 (Articles 22 and 25).
- 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). The minimum threshold for reporting on HFCs will no longer apply from 2025, meaning that 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 (Article 4).
- Be registered as producer in the F-gas Portal. (Article 20)
- Have sufficient production rights from the Commission, starting from 2025 (Articles 14, 15 and Annex V).
- Ensure correct labelling of container (Article 12).
- Ensure that all HFCs are covered by sufficient HFC quota in the F-gas Portal when placing them on the EU market (HFC quota system Article 16 to 19, Article 21 and Annexes VII and VIII).
- 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 (Article 11). Non-refillable containers cannot be imported, except for laboratory uses.
- Draw up a declaration of conformity with additional supporting documents proving that any R23 (trifluoromethane) by-production has been destroyed or recovered using best available technologies (Article 4).
- 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 (Article 4).
- Be registered in the F-gas Portal (Article 20).
- 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 (Article 4).
- Be registered in the F-gas Portal (Article 20).
- 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 (Article 4).
- Be registered in the F-gas Portal and HFC Licensing System (Article 20). .
- Report on 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.
Distributor of bulk F-gases
Main obligations
- Avoid emissions (Article 4).
- Keep evidence of the return arrangements for refillable F-gas containers (Article 11).
- May sell exclusively to undertakings holding an F-gas certificate or a training attestation, as relevant.