Answers / F-Gas
F-Gas Regulation Penalties: What Article 31 Requires of Member States
What are the penalties for breaching the F-gas Regulation (EU) 2024/573?
The penalties are set by each Member State, not by the Regulation (Article 31(1)); Member States had to notify their rules before 1 January 2026. They must include fines (or equally effective criminal penalties), confiscation of illegally obtained goods and temporary bans for serious or repeated infringements (Article 31(3)). For unlawful production, import, export, placing on the market or use, the maximum fine must be at least five times the market value of the gases or equipment concerned, and at least eight times for a repeat within five years (Article 31(4)).
What the Act Says
- Article 31(1)
- Member States lay down the penalties and notify them to the Commission before 1 January 2026.
- Article 31(3)
- Administrative fines, confiscation, and temporary prohibitions for serious or repeated infringements.
- Article 31(4)
- Maximum fine at least five times the market value; at least eight times for a repeat within five years.
- Article 31(5)
- An undertaking exceeding its HFC quota has 200 percent of the excess deducted from its next allocation.
What to Do
- Check the national law of each Member State you sell or operate in for the actual amounts.
Sources
- Regulation (EU) 2024/573 (F-gas Regulation) (CELEX 32024R0573)
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