Short answer
The Regulation does not say what you pay. It says what has to exist in each Member State's law.
- Member States lay down the rules. Article 31(1): without prejudice to the obligations of Member States under Directive 2008/99/EC, Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that those penalties are implemented. Before 1 January 2026, they shall notify the Commission of those rules and measures and shall notify it, without delay, of any subsequent amendment affecting them.
- Penalties need three qualities. Article 31(2): effective, proportionate and dissuasive, and determined while having due regard to four listed factors.
- Three types are mandatory. Article 31(3): administrative financial penalties; confiscation or seizure, withdrawal or removal from the market; and a temporary prohibition on using, producing, importing, exporting or placing on the market, in the event of a serious infringement or of repeated infringements.
The only figure in the article is not a fine but a floor on the ceiling: for unlawful production, import, export, placing on the market or use of fluorinated greenhouse gases, or of products and equipment containing them, the maximum amount of the administrative financial penalty shall be at least five times the market value of the goods concerned, and at least eight times where such infringements are repeated within a five-year period.
No national amount, band or fine tariff for any country. Actual penalties sit in national acts, which change, and we do not reproduce figures we have not read in the official act. The section on finding the national act shows you exactly where to look.
Who sets the penalties, and on what criteria
The Regulation is directly applicable, but the enforcement side is left to Member States. Article 31(1) frames the duty in two steps: States lay down the rules and take all measures necessary to ensure those penalties are implemented. Having a rule on the books without applying it is not enough.
The notification deadline is explicit: before 1 January 2026, Member States shall notify the Commission of those rules and measures, and shall then notify it, without delay, of any subsequent amendment affecting them.
Article 31(2) requires penalties to be effective, proportionate and dissuasive, and determined while having due regard to the following, as applicable:
- the nature and gravity of the infringement — point (a);
- the human population or the environment affected by the infringement, taking into account the need to ensure a high level of protection of human health and the environment — point (b);
- any previous infringements of the Regulation by the undertaking held responsible — point (c);
- the financial situation of the undertaking held responsible — point (d).
Those four criteria explain why two seemingly identical facts can be penalised differently. Point (c) is the one a service company feels most directly: a history of non-compliance feeds into the calibration of the next penalty.
The first sentence of paragraph 1 separately preserves the obligations of Member States under Directive 2008/99/EC on the protection of the environment through criminal law. Administrative liability under Article 31 therefore does not displace criminal liability provided for by other acts.
The three mandatory types of penalty
Article 31(3) lists what the national set of penalties must include. It is not an indicative list: the text says "The penalties shall include".
| Point | Type of penalty | What the text specifies |
|---|---|---|
| (a) | Administrative financial penalties | In accordance with paragraph 4; however, Member States may also, or alternatively, use criminal penalties, provided they are equivalently effective, proportionate and dissuasive |
| (b) | Confiscation or seizure, or withdrawal or removal from the market, or taking possession by the competent authorities | Applies to illegally obtained goods |
| (c) | Temporary prohibition on using, producing, importing, exporting or placing on the market | Covers the fluorinated greenhouse gases and the products and equipment containing them or whose functioning relies upon them, in the event of a serious infringement or of repeated infringements |
For a service company, point (c) is usually worse than point (a). A temporary prohibition on using or placing fluorinated gases on the market stops the work, not just the budget. The text ties it to two situations: a serious infringement, or repeated infringements.
Point (b) explains why undocumented cylinders are held at a check. Illegally obtained goods may be confiscated, seized, withdrawn or removed from the market, or taken into the possession of the competent authorities. What makes a consignment illegal in the first place is described in the guide to counterfeit and illegal refrigerant.
The ceiling formula: five times, then eight times
Article 31(4) has two subparagraphs, and the usual confusion comes from reading them apart.
The first subparagraph sets the principle: administrative financial penalties shall be proportionate to the environmental damage, where applicable, and shall effectively deprive those responsible of the economic benefits derived from their infringements. Their level shall gradually increase for repeated infringements.
In the case of unlawful production, import, export, placing on the market or use of fluorinated greenhouse gases, or of products and equipment containing those gases or whose functioning relies upon those gases, the maximum amount of the administrative financial penalty shall be at least five times the market value of the gases or products and equipment concerned. Where such infringements are repeated within a five-year period, the maximum amount shall be at least eight times the market value.
Read the construction closely. The text does not say the fine is five times market value. It says the maximum amount available under national law must be at least five times market value. It is a minimum imposed on the statutory ceiling, not the tariff applied to a given act. What is actually imposed follows from the criteria in paragraph 2 and from national rules on calibrating penalties.
The second thing to notice is the scope of the formula. It covers five exhaustively listed acts: unlawful production, import, export, placing on the market and use. An infringement of another kind, for example missing records under Article 7 or leak checks not carried out under Article 5, falls under the general rule of paragraphs 2 and 4, first subparagraph, and not under the multiplier.
The third thing is "market value". The text uses it as the basis of calculation without defining how it is established. That remains a matter of national law and practice.
The additional quota consequence
For quota to place hydrofluorocarbons on the market, the Regulation adds a consequence of its own, beyond the fine. Article 31(5) opens with "In addition to the penalties referred to in paragraph 1".
- Who is concerned. Undertakings that have exceeded their quota for placing hydrofluorocarbons on the market, allocated in accordance with Article 17(4) or transferred to them in accordance with Article 21(1).
- What happens. They may only be allocated a reduced quota allocation for the allocation period after the excess has been detected.
- By how much. The amount of the reduction is calculated as 200 % of the amount by which the quota was exceeded.
- If the reduction exceeds the allocation. No quota shall be allocated for that allocation period, and the quota for the following allocation periods shall be reduced likewise until the full amount has been deducted.
- Where the trace stays. The reductions shall be recorded in the F-gas Portal.
One further point sits outside Article 31 but belongs with it: point 3 of Annex VIII provides that penalties established in accordance with Article 31 are taken into account in the calculations relating to the quota reserve. A penalty is therefore not discharged by payment alone: it can shape future allocations.
For the mechanics of the portal, quota, authorisation and transfer, see the guide on portal, quota, authorisation and transfer.
Who checks, and who may report
A penalty presupposes a finding. The Regulation organises the checking separately.
The duty to check. Article 29(1): the competent authorities of Member States shall carry out checks to establish whether undertakings comply with their obligations. Paragraph 2 imposes a risk-based approach taking into account, in particular, the history of compliance of undertakings, the risk of non-compliance of a specific product, and any other relevant information received from the Commission, customs authorities, market surveillance authorities, environmental authorities and other authorities with inspection functions, or from competent authorities of third countries. Checks are also carried out where there is evidence or other relevant information, including substantiated concerns provided by third parties.
What the checks include. Article 29(3): on-site visits of establishments with the appropriate frequency and verification of relevant documentation and equipment, and checks of online platforms. The second subparagraph spells this out: without prejudice to Regulation (EU) 2022/2065, where an online platform falling within the scope of Chapter III, Section 4, of that Regulation allows distance contracts to be concluded with undertakings offering fluorinated greenhouse gases or products and equipment that contain such gases, competent authorities shall verify whether the undertaking, the gases, the products or the equipment offered comply with the requirements of this Regulation.
No prior warning. The same paragraph provides that checks shall be carried out without prior warning given to the undertaking, except where prior notification is necessary to ensure the effectiveness of the checks. Paragraph 4 requires authorities to keep records of all checks for at least five years.
Cooperation between States. Article 29(5) allows a Member State, at the request of another, to carry out checks or other formal investigations of undertakings suspected of illegal movement. Article 28(4) requires authorities to alert other Member States when they detect an infringement that may affect more than one Member State.
Reporting breaches. Article 30 provides that Directive (EU) 2019/1937 shall apply to the reporting of breaches of this Regulation and the protection of persons reporting such breaches. Article 36 amends the Annex to that Directive by adding Regulation (EU) 2024/573 in Part I, Section E, point 2. Whoever reports a non-compliance therefore falls within the protective regime of the whistleblowing directive.
How to find the national act that applies
Because the amounts are national, the only correct answer to "how big is the fine" is the national text in force at the time of the act. Here is the route, with no intermediaries.
| Step | What you do | Why it works |
|---|---|---|
| 1 | Pin down the exact infringement and the article of the Regulation | National acts usually list the facts by reference to the articles of the Regulation |
| 2 | Search the national act in that State's official legal database | The Union N-Lex portal opens the national legislation databases |
| 3 | Check the national page of the e-Justice Portal | It describes the legal system and points to the official publication sources |
| 4 | If it is still unclear, write to the national F-gas contact point | The Commission publishes the list of Member State contact authorities |
Two substantive warnings. First: the Regulation requires Member States to notify their rules to the Commission under Article 31(1), but it does not require the publication of a consolidated European register of national penalties. Do not assume an official EU list of country figures exists.
Second: national acts change, and Article 31(1) requires notification of any amendment without delay. A figure read last year may no longer be in force. Check the consolidated version and the date of entry into force every time.
If the reason for the search is a concrete compliance problem, it is worth fixing the cause first: the equipment records, the leak check frequency and the certificate validity pages cover the most common findings at an inspection.
Checklist
- Do not look for amounts in the RegulationArticle 31 contains no figure. Paragraph 1 points to national law.
- Identify the article infringedNational acts describe the facts by reference to the articles of the Regulation; without the article you will not find the penalty.
- Read the ceiling as a ceilingArticle 31(4), second subparagraph, sets a minimum for the maximum amount, not the tariff applied.
- Check whether the act is one of the fiveThe multiplier formula covers unlawful production, import, export, placing on the market and use.
- Account for your historyArticle 31(2), point (c), requires previous infringements by the undertaking to be taken into account.
- Assess the risk of a temporary prohibitionArticle 31(3), point (c): it applies in the event of a serious infringement or of repeated infringements.
- For quota, compute the 200 percent reductionArticle 31(5): the reductions are recorded in the F-gas Portal.
- Be ready for unannounced checksArticle 29(3): checks are carried out without prior warning, subject to the exception stated there.
- Review your online listings tooArticle 29(3), second subparagraph, extends checks to online platforms.
- Confirm the national text at sourceThe N-Lex portal, the e-Justice Portal and the national F-gas contact point published by the Commission.
Frequently asked questions
What is the fine for working without a certificate in my country?
We cannot give you a figure. Regulation (EU) 2024/573 contains no amount, and Article 31(1) leaves the rules to Member States. Look up the national act through the N-Lex portal or the national page of the e-Justice Portal and confirm the version in force at the relevant date.
Is the fine really five times the value of the gas?
No. Article 31(4), second subparagraph, provides that the maximum amount of the administrative financial penalty shall be at least five times the market value, and at least eight times where infringements are repeated within a five-year period. That is a floor imposed on the statutory ceiling, not the amount imposed for a given act.
Can I also face a criminal penalty?
It is possible. Article 31(3), point (a), allows Member States also, or alternatively, to use criminal penalties, provided they are equivalently effective, proportionate and dissuasive. In addition, paragraph 1 preserves the obligations under Directive 2008/99/EC.
Can I be banned from working with fluorinated gases?
Article 31(3), point (c), provides for a temporary prohibition from using, producing, importing, exporting or placing on the market fluorinated greenhouse gases or products and equipment containing them, in the event of a serious infringement or of repeated infringements. Duration and procedure are national.
Can the authority turn up without notice?
Yes. Article 29(3) provides that checks shall be carried out without prior warning given to the undertaking, except where prior notification is necessary in order to ensure the effectiveness of the checks. Member States must ensure that undertakings provide all necessary assistance.
Am I protected if I report a non-compliance?
Article 30 provides that Directive (EU) 2019/1937 applies to the reporting of breaches of this Regulation and to the protection of persons reporting them, and Article 36 adds the Regulation to the Annex to that Directive, Part I, Section E, point 2. The concrete conditions of protection follow from the Directive and its national transposition.
Official sources
Article 31 was read in full, paragraph by paragraph, together with Articles 28, 29, 30 and 36. The other acts are cited only because the Regulation points to them. The national law portals are included because the amounts are not in the European text.
How current this page is, and the limits of our liability
This page describes only what Article 31 requires of Member States. It contains no national amount and offers no estimate of one. Amounts, the procedure for establishing an infringement, appeal routes and time limits are set by national law and change; check them in the official act published by the Member State concerned.
General information prepared by EgoLog on the basis of Regulation (EU) 2024/573 and the acts it refers to. It is not legal advice and does not replace a lawyer's assistance in an inspection or a penalty procedure.
If you have received a finding, deal with the technical cause first: an unrepaired leak, an incomplete record or work carried out without the necessary competence are safety risks as well as legal ones.