Bus Package IV: Amendments 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 the obligation to register in the F-Gas Portal would be eliminated for numerous importers and exporters of fluorinated greenhouse gases in the future:

Simplification of the registration requirement in the F-Gas Portal

Currently, registration in the F-Gas Portal is mandatory before carrying out a large number of activities listed in Article 20(4) of the F-gas regulation. This means that all companies are subject to the registration requirement, regardless of the quantity imported or exported and the global warming potential of the fluorinated greenhouse gases in question. This entails a considerable administrative burden for companies due to the required information on their business activities and financial identity. Furthermore, this registration requirement ties up significant resources for the European Commission. Against the backdrop of the desired simplifications and reduction of bureaucracy, targeted amendments to the registration requirement for imports and exports under Article 20(4)(a) of the F-Gas Regulation have now been proposed. In the 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). Regarding the import and export of products and equipment (e.g., refrigeration systems, air conditioning systems) containing fluorinated greenhouse gases, only the following would apply: Placing on the market, provided that certain quantities (thresholds) are exceeded each calendar year, above which the reporting obligation via the F-Gas Portal under Article 26 of the F-Gas Regulation applies. Exports, provided they contain or require substances with a global warming potential (GWP) of 1000 or more for their functionality. The registration obligation applies from the prohibition date specified in Article 22(3) in conjunction with Annex IV of the Regulation. Furthermore, Omnibus IV leaves the registration obligation unchanged for activities under Article 20(4)(b) to (g) of the F-Gas Regulation. These include, among others, the application for a quota allocation for the import of hydrofluorocarbons (HFCs) and all activities that must be reported annually to the European Commission via the F-Gas Portal. Before carrying out the activities mentioned there, registration in the F-Gas Portal would still be required.

Outlook

The Omnibus IV package has currently only been proposed by the European Commission and must now first undergo the ordinary legislative procedure. This requires both the European Parliament and the Council to each formulate their own negotiating position, which will then allow trilogue negotiations between all three institutions to begin. However, the Council's process of reaching a position on the amendments to Directive (EU) 2024/1760 (CSDDD for Corporate Sustainability Due Diligence Directive), which dragged on for months, showed that this is not necessarily a straightforward process. Whether the amendments to the F-Gas Regulation will enter into force as proposed therefore remains to be seen. We are monitoring the developments for you.