Omnibus package IV: Updates to the F-Gas Regulation

With Omnibus IV, the European Commission proposes, among other things, a reduction in the registration requirements for importers and exporters of fluorinated greenhouse gases. This would mean that numerous importers and exporters of fluorinated greenhouse gases would no longer be required to register on the F-gas Portal in future:

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‍Simplification of the registration requirement in the F-gas Portal

Until now, registration in the F-gas Portal has been mandatory before carrying out a number of activities specified in Article 20(4) of the F-gas Regulation. This means that all companies are affected by the registration requirement, regardless of the quantity imported or exported and the global warming potential of the fluorinated greenhouse gases concerned. This entails a considerable administrative burden for companies due to the information required on their business activities and financial identity. The registration requirement also ties up considerable capacity at the European Commission. Against the backdrop of the desired simplifications and reduction of bureaucracy, specific corrections to the registration requirement for imports and exports under Article 20(4)(a) of the F-gas Regulation have now been proposed.

In future, according to the proposal, registration would only be mandatory for the following import and export activities:

• The import and export of fluorinated greenhouse gases (in bulk).

• With regard to the import and export of products and equipment (e.g. refrigeration and air-conditioning equipment) containing fluorinated greenhouse gases, only the following would remain:
  
  • The placing on the market, provided that certain quantities (threshold values) per calendar year are exceeded, above which the reporting obligation via the F-gas portal pursuant to Article 26 of the F-gas Regulation applies.
  • The export, provided that these contain or require a global warming potential (GWP) of 1000 or more for their functioning. The registration requirement applies from the prohibition date specified in Article 22(3) in conjunction with Annex IV of the Regulation.

In all other respects, Omnibus IV leaves the registration requirement for activities under Article 20(4)(b) to (g) of the F-gas Regulation unchanged. These include, among other things, the application for a quota allocation for the import of hydrofluorocarbons (HFCs) and all activities that must be reported annually to the EU Commission via the F-gas Portal. Before carrying out the activities specified there, registration in the F-gas Portal would still be required.

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‍Outlook

The Omnibus IV package has only been proposed by the European Commission and must now go through the regular legislative process. Both the European Parliament and the Council must first formulate their own negotiating positions before the trilogue negotiations between all three institutions can begin. However, the process of reaching a position in the Council on the amendments to Directive (EU) 2024/1760 (CSDDD for Corporate Sustainability Due Diligence Directive), which took months, showed that this is not necessarily a foregone conclusion. It therefore remains to be seen whether the amendments to the F-gas Regulation will enter into force as proposed. We will continue to monitor developments for you.