Quick answer
Illegally traded refrigerant is not a marginal problem in the EU, and the regulation treats it as an enforcement matter rather than an administrative one. Article 24 of Regulation (EU) 2024/573 is titled “Measures to monitor illegal trade” and empowers the Commission to add tracing methodologies and to specify what competent authorities check.
For a buyer the practical question is simpler: what does a legitimate seller necessarily have, and what would an illegal one necessarily lack?
| A lawful supply has | Where the requirement comes from |
|---|---|
| An undertaking registered in the F-gas Portal, with a licence | Articles 20 and 22 |
| Quota or an authorisation to use quota, for hydrofluorocarbons placed on the market | Articles 16 and 21 |
| An establishment in the Union or an only representative | Article 11(8) |
| A correct label with quantity, CO2 equivalent and GWP | Article 12 and Implementing Regulation (EU) 2024/2174 |
| Refillable containers with binding return arrangements | Article 11(3) and (4) |
| A record of your certificate number and the quantity | Article 7(3) |
An offer that fails several of those at once is not a bargain with paperwork problems. It is gas that was never lawfully placed on the Union market.
Why the price is the first signal
Hydrofluorocarbons placed on the EU market are limited by quota under Article 16. Quota is allocated, can be transferred under Article 21, and is a real cost carried by whoever puts the gas on the market. Everything downstream of that carries the cost with it.
A price far below what quota-holding suppliers can offer generally means one of three things: the quota was never used, the gas came in under a label that exempts it from quota, or it was declared as something else at the border.
Article 12 requires cylinders supplied for destruction, direct export, military use, semiconductor etching, feedstock or metered dose inhaler production to be labelled for that purpose only — and, for Annex I Section 1 gases, to carry “Exempted from quota under Regulation (EU) 2024/573…”. Article 12(14) states the consequence: in the absence of that labelling, the hydrofluorocarbons are subject to quota. A cylinder marked for one of those uses is not service gas at a discount.
The checks to run before you buy
Ask who is placing the gas on the market
Article 11(8) allows only undertakings established in the Union, or those that have appointed an only representative established in the Union assuming full responsibility for compliance.
Ask for the F-gas Portal registration
Article 23(3) requires the portal registration identification number and the EORI number in the customs declaration on import. A supplier who cannot name their registration is not importing lawfully.
Read the label properly
Designation, weight, CO2 equivalent and GWP, plus the text “contains fluorinated greenhouse gases”. Check the GWP against the “GWP” column, not the 20-year column.
Check for a restrictive text
“For feedstock use only”, “For destruction only”, “For direct export out of the EU only” — each of these makes the gas unusable for servicing.
Check the container
Non-refillable containers are prohibited outright, and a refillable container sold without provision for return counts as non-refillable under Article 11(3).
Ask for the declaration of conformity
Article 11(4) for the return arrangements; Article 23(6) requires importers to show it to customs at release for free circulation.
Watch how the seller handles your certificate
A lawful seller has to record your certificate number and the quantity under Article 7(3). A seller who does not ask is not keeping the record they are required to keep.
Ask for the safety data sheet
Its absence tells you the supply chain is not a normal chemical supply chain.
What the goods themselves tell you
Documents can be forged; several physical signals are harder to fake and cost nothing to check.
- The label is generic or partly missing. Article 12(3) requires the designation, the quantity in weight and in CO2 equivalent, and the GWP. A label with only a refrigerant name is not compliant.
- The label is not in the right language. Article 12(4) requires the official languages of the Member State where the goods are placed on the market, made available or supplied.
- The label is loose, printed on paper, or worn off. Article 12(4) requires it to be clearly legible and indelible, and 2024/2174 requires it to stay securely in place and legible under normal conditions.
- The cylinder has no ownership or return marking. Consistent with a container sold outright — definition (b) of non-refillable.
- The reclaimed claim has no batch number. Article 12(7) requires reclaimed containers to carry the batch number and the name and address of the reclamation facility in the Union.
- The weight does not match the declared contents. Tare and gross weights that do not reconcile are a straightforward warning.
Beyond the legal exposure, gas of unknown composition can behave in ways the system was not designed for. The safety data sheet exists to tell you what you are handling; without one you are working blind.
What customs actually does
Article 23 sets out the controls, and knowing them helps you understand what an illegal consignment has had to get past.
Verification before release. Customs authorities verify, in particular, whether in cases of release for free circulation the importer indicated in the customs declaration has quota or authorisations to use quota before releasing the goods, and ensure that the importer, declarant or exporter is registered in the F-gas Portal.
Risk-based physical control. Under Article 23(10), when carrying out physical controls the customs authority verifies that the goods presented correspond to those described in the licence and the customs declaration, that the product does not fall under the prohibitions in Article 11(1) and (3), and that the goods are appropriately labelled in accordance with Article 12 before release for free circulation.
Seizure. Article 23(12) requires customs to confiscate or seize prohibited non-refillable containers for disposal by destruction under Articles 197 and 198 of the Union Customs Code. In other cases of unlawful import, supply or export — in particular where Annex I Section 1 gases are placed on the market in breach of the quota and authorisation requirements — customs or market surveillance authorities may take alternative measures, which may include auctioning, provided the subsequent placing on the market complies with the regulation.
Inland checks. Article 29 requires competent authorities to carry out risk-based checks including on-site visits and verification of documentation and equipment, and — expressly — checks of online platforms where distance contracts can be concluded with undertakings offering these gases or products containing them. Checks are carried out without prior warning, except where notification is needed to make them effective.
Where that leaves the buyer
The regulation does not treat the buyer of unlawfully placed goods as an innocent downstream party.
Article 11(1), third subparagraph: products and equipment unlawfully placed on the market after the relevant date shall not be subsequently used, supplied, or made available to other persons within the Union for payment or free of charge, or exported. They may only be stored or transported for disposal and for recovery of the gas prior to disposal, or re-exported where the non-compliance was established before release for free circulation.
Article 11(3): use of non-refillable containers is prohibited alongside import, supply and export.
Article 31: Member States lay down rules on penalties applicable to infringements and take all measures necessary to ensure they are implemented.
And there is the commercial exposure that no regulation needs to spell out: gas of unknown composition in a customer's plant, with your company's name on the service report and your certificate number in the seller's records.
Article 30 states that Directive (EU) 2019/1937 applies to the reporting of breaches of this regulation and to the protection of persons reporting them. If you are offered an illegal consignment, reporting it is a protected act, not a commercial risk you carry alone.
Common mistakes
- Assuming a plausible invoice settles it. The invoice is the easiest document to produce. The label, the container and the records are harder.
- Buying a cylinder marked for feedstock, export or destruction. The restriction on the label is the condition on which the gas was supplied.
- Reading the 20-year GWP column on a label. If a supplier's own figures use it, they have not labelled correctly.
- Not asking who places the gas on the market. Article 11(8) requires establishment in the Union or an only representative.
- Treating a missing safety data sheet as an administrative gap. In a normal chemical supply chain it is always there.
- Believing an illegal purchase can be quietly used up. Article 11 blocks subsequent use, supply and export.
- Ignoring an online marketplace offer because “it is just a listing”. Article 29(3) requires competent authorities to check online platforms.
- Saying nothing. Article 30 applies the whistleblower directive to breaches of this regulation.
Checklist
- Seller established in the Union, or with an only representativeArticle 11(8).
- F-gas Portal registration identifiedThe number that appears in the customs declaration on import.
- Price consistent with a quota-bearing supplyA large unexplained discount is the first signal.
- Label complete and in the right languageDesignation, weight, CO2 equivalent, GWP, and “contains fluorinated greenhouse gases”.
- No restrictive use text on the cylinderFeedstock, destruction, direct export, military, semiconductor, MDI.
- Container refillable with a return arrangementAnd a declaration of conformity behind it.
- Reclaimed claims carry a batch number and facilityArticle 12(7).
- Seller records your certificate numberArticle 7(3), with the quantity, kept five years.
- Safety data sheet suppliedCurrent version, sixteen sections.
Frequently asked questions
How can I tell if refrigerant is illegal?
Work through what a lawful supply must have: an undertaking established in the Union or with an only representative, F-gas Portal registration, quota or an authorisation for hydrofluorocarbons placed on the market, a compliant Article 12 label, a refillable container with binding return arrangements, and an Article 7(3) record of your certificate number. Several of these missing at once is the signal.
Why is the price so low?
Quota under Article 16 is a real cost carried by whoever places hydrofluorocarbons on the Union market. A price far below what quota-holding suppliers can offer usually means the quota was never used, or the gas was labelled for a quota-exempt purpose.
Can I use a cylinder marked “For feedstock use only”?
No. Article 12 requires that label where the gas is supplied for feedstock use only, and the restriction is the legal condition of supply. For Annex I Section 1 gases the label also carries the quota exemption statement.
What happens if I have already bought it?
Article 11(1) prohibits subsequent use, supply and making available of unlawfully placed goods, and prohibits their export. They may only be stored or transported for disposal and for recovery of the gas before disposal. Do not charge it into a system.
Does customs really check this?
Yes. Article 23(4) requires verification of quota and portal registration before release for free circulation, and Article 23(10) requires physical controls to check correspondence with the licence, the Article 11 prohibitions and Article 12 labelling.
What about offers on online marketplaces?
Article 29(3) expressly requires competent authorities to verify whether undertakings and goods offered through online platforms allowing distance contracts comply with the regulation.
Am I protected if I report a supplier?
Article 30 provides that Directive (EU) 2019/1937 applies to the reporting of breaches of this regulation and to the protection of persons reporting such breaches.
Is counterfeit gas only a legal problem?
No. Gas of unknown composition can behave differently from what the system was designed for. Without a safety data sheet you have no reliable information about what you are handling.
Official sources
Articles 4, 7, 11, 12, 20, 22, 23, 24, 29, 30 and 31 were read directly in the Official Journal text through the EU Publications Office.
Currency of this guide and limits of responsibility
This guide describes the checks the regulation makes possible. It does not identify any particular supplier, and the presence of one warning signal is not proof of an offence.
This is general information prepared by EgoLog from the regulation and official Commission material. It is not legal advice.
If you believe a consignment is unlawful, the right addressees are your national competent authority and, where the goods are at the border, the customs authority. Article 30 applies the whistleblower directive to reports of breaches.