Quick answer
The cylinder relationship is not a commercial nicety in the EU — it is the thing that makes the cylinder legal. Article 11(3) of Regulation (EU) 2024/573 treats a container that could be refilled but is imported or placed on the market without provision having been made for its return for refilling as a non-refillable container — and non-refillable containers are prohibited from import, supply, making available, use and export.
So the question is never “does this cylinder look reusable”. It is “what arrangement exists for it to come back”.
Nothing in the regulation requires a deposit. Article 11(4) requires binding arrangements for the return of the containers for the purpose of refilling. A deposit is one familiar way of making those arrangements work in practice; a contractual return obligation, an exchange system or a rental model can serve the same function.
What a binding arrangement has to contain
Article 11(4) is specific about the content. An undertaking that places refillable containers for fluorinated greenhouse gases on the market has to produce a declaration of conformity that includes evidence confirming that binding arrangements are in place for the return of those containers for refilling, in particular identifying:
- the relevant actors;
- their obligatory commitments; and
- the relevant logistical arrangements.
And it does not stop at the first sale. Those arrangements shall be made binding on the distributors of the refillable containers to the end user. A chain in which the importer has an arrangement with a wholesaler but nothing reaches the contractor holding the cylinder is not what the article describes.
| Who | What they keep | For how long |
|---|---|---|
| The undertaking placing the containers on the market | The declaration of conformity | At least 5 years from placing on the market |
| Suppliers of refillable containers to end users | Evidence of compliance with the binding arrangements | At least 5 years from supply to the end user |
Both have to be made available, on request, to the competent authority of the Member State concerned or to the Commission. Article 11(4) also allows the Commission to determine, by implementing act, the requirements for including the essential elements of those binding arrangements in the declaration of conformity.
At the border, and at the counter
Import. Article 23(6): importers of gases listed in Annex I and Section 1 of Annex II in refillable containers must make the declaration of conformity available to customs authorities at the time the customs declaration for release for free circulation is submitted — including the evidence confirming the arrangements in place for the return of the container for refilling.
Sale. Alongside the container rules, Article 7(3) requires undertakings supplying those gases to record the certificate number of each purchaser and the quantities purchased, and to keep that for at least five years. Article 11(6) restricts who may buy at all.
Put together, a lawful cylinder transaction leaves three traces: the declaration of conformity behind the container, the seller's purchaser record, and the evidence that the return arrangement is real.
What happens when it comes back
Relabel it. Article 12(6): where relevant, refilled containers containing fluorinated greenhouse gases have to be relabelled with updated information as set out in the first subparagraph of Article 12(3) — the designation, the quantity in weight and in CO2 equivalent, and the GWP. A cylinder returning from filling with the previous figures on it is not correctly labelled.
Mind the special texts. If the contents are reclaimed or recycled, Article 12(7) and Implementing Regulation (EU) 2024/2174 set the wording: “100 % Reclaimed” or “100 % Recycled”, and for reclaimed gas also the batch number and the name and address of the reclamation facility in the Union.
Handle the transfer carefully. Article 4(4): during the production, storage, transport and transfer of fluorinated greenhouse gases from one container or system to another, the undertaking concerned must take all necessary precautions to limit release to the greatest extent possible.
Article 8(7) requires an undertaking using a container with these gases to arrange, immediately prior to its disposal, for the recovery of any residual gases so that they are recycled, reclaimed or destroyed. That applies when a cylinder finally leaves service, not only when it is visibly full.
What to ask a supplier before the first delivery
Ask for the declaration of conformity
Article 11(4) requires the undertaking placing the containers on the market to have produced one. It is the document that proves the cylinder is lawfully refillable.
Ask who the actors are
The declaration has to identify them. “The manufacturer takes them back” without a named route is not an arrangement.
Ask what the obligatory commitments are
Who is obliged to accept the cylinder, and on what terms.
Ask how the logistics work
Collection, drop-off point, timescales. The regulation names logistical arrangements as an element of the declaration.
Confirm the arrangement reaches you
It has to be made binding on the distributors down to the end user. If nothing in your contract mentions return, that chain has a gap.
Agree what happens to the empty
Whether it goes back for refilling or for disposal, and who recovers the residual gas under Article 8(7).
Keep your own evidence
Suppliers to end users keep evidence of compliance for five years; a buyer who can show the same has a much shorter conversation with an inspector.
Common mistakes
- Treating the deposit as the legal requirement. The requirement is a binding return arrangement; the deposit is one way of supporting it.
- Assuming a sturdy cylinder is automatically lawful. Without provision for return it counts as non-refillable under Article 11(3)(b).
- Accepting delivery with no declaration of conformity. Article 11(4) requires it and Article 23(6) requires importers to show it to customs.
- Letting the arrangement stop at the wholesaler. It has to be binding on distributors down to the end user.
- Not relabelling after refilling. Article 12(6) requires updated information.
- Missing the reclaimed and recycled wording. “100 % Reclaimed” needs the batch number and the facility's name and Union address.
- Scrapping a cylinder without recovering the heel. Article 8(7) applies immediately prior to disposal.
- Keeping no evidence. Five years on the declaration of conformity and five on the compliance evidence.
Checklist
- Declaration of conformity obtainedFrom the undertaking that placed the containers on the market.
- Actors, commitments and logistics named in itThe three elements Article 11(4) requires.
- The arrangement reaches your contractBinding on distributors down to the end user.
- Import documentation readyDeclaration of conformity available when the customs declaration is submitted.
- Refilled cylinders relabelledArticle 12(6), with designation, weight, CO2 equivalent and GWP.
- Reclaimed and recycled wording checked“100 % Reclaimed” with batch number and Union facility address, or “100 % Recycled”.
- Transfer precautions in placeArticle 4(4) applies to transfer between containers and systems.
- Residual gas recovered before disposalArticle 8(7), with the quantity recorded.
- Evidence kept five years on both sidesDeclaration of conformity, and evidence of compliance with the arrangements.
Frequently asked questions
Does the regulation require a deposit on cylinders?
No. Article 11(4) requires binding arrangements for the return of refillable containers for the purpose of refilling, evidenced in a declaration of conformity. A deposit is one commercial way of supporting that; it is not itself the legal requirement.
What makes a cylinder lawfully refillable?
The existence of provision for its return for refilling. Article 11(3), second subparagraph, point (b), treats a container that could be refilled but is imported or placed on the market without such provision as non-refillable — and non-refillable containers are prohibited.
What has to be in the declaration of conformity?
Evidence confirming that binding arrangements are in place for the return of the containers for refilling, in particular identifying the relevant actors, their obligatory commitments and the relevant logistical arrangements.
Who has to keep what, and for how long?
The undertaking placing the containers on the market keeps the declaration of conformity for at least five years from the placing on the market. Suppliers of refillable containers to end users keep evidence of compliance with the binding arrangements for at least five years from supply.
Does the arrangement have to reach me as the end user?
Article 11(4) requires the arrangements to be made binding on the distributors of the refillable containers to the end user.
Does a refilled cylinder need a new label?
Yes, where relevant. Article 12(6) requires refilled containers to be relabelled with updated information as set out in the first subparagraph of Article 12(3).
What do I do with an empty cylinder at end of life?
Article 8(7) requires the undertaking using the container to arrange for the recovery of any residual gases immediately prior to its disposal, so that they are recycled, reclaimed or destroyed.
What does customs check on an import of filled cylinders?
Under Article 23(6), importers of Annex I and Annex II Section 1 gases in refillable containers must make the declaration of conformity available at the time the customs declaration for release for free circulation is submitted, including the evidence of the return arrangements.
Official sources
Articles 4, 7, 8, 11, 12 and 23 were read directly in the Official Journal text through the EU Publications Office.
Currency of this guide and limits of responsibility
Deposit levels, exchange terms and rental conditions are commercial matters between you and your supplier. The regulation governs whether a binding return arrangement exists and is evidenced, not what it costs.
This is general information prepared by EgoLog from the regulation and official Commission material. It is not legal advice.
Pressure vessel inspection and periodic testing of cylinders are governed by other legislation. Confirm those requirements with your supplier and your national competent authority.