The short answer
Hermetically sealed is not a marketing description but a legal definition with four cumulative elements. If the equipment meets it and is labelled accordingly, two duties fall away and every other duty stays.
- What falls away. The periodic leak check, on the conditions of Article 5(1), second and third subparagraphs, and with it the records of Article 7(1), which follow the check duty. The sale condition of Article 11(7) also falls away, because it is drafted for equipment that is not hermetically sealed.
- What stays. The whole of Article 4: the ban on intentional release, the precautions against unintentional release and repair without undue delay. Recovery under Article 8, the label under Article 12, the Annex IV prohibitions and the servicing bans in Article 13 all stay.
- The labelling condition is not optional. Article 5(1), second subparagraph, requires the equipment to be labelled as hermetically sealed equipment; without the mention, the exemption does not apply, however tight the system is.
No list of hermetically sealed products, no confirmation of the status of any model, and no national waste collection rules, penalty amounts, prices or delivery times. The status of a given piece of equipment is read from the manufacturer documentation and from its label.
The definition, element by element
Article 3, point (9), defines hermetically sealed equipment as equipment of which all parts containing fluorinated greenhouse gas are made tight during the manufacturing process at the premises of the manufacturer by welding, brazing or a similar permanent connection, which may include capped valves or capped service ports that allow proper repair or disposal, and of which the joints in the sealed system have a tested leakage rate of less than 3 grams per year under a pressure of at least a quarter of the maximum allowable pressure.
| Element | What the text requires | Practical consequence |
|---|---|---|
| All gas-containing parts | No exception for any section of the circuit | A single demountable connection on the gas path defeats the status |
| During manufacturing, at the manufacturer's premises | The sealing happens in the factory | A seal made on site does not count |
| Welding, brazing or a similar permanent connection | Permanent joints; capped valves and service ports are allowed | The presence of a capped service port does not break the definition |
| Tested leakage rate below 3 g per year | Tested, at a pressure of at least a quarter of the maximum allowable pressure | It is a measured value that has to come from the manufacturer documentation |
Do not confuse it with self-contained. Article 3, point (38), separately defines self-contained equipment as a complete factory-made system in a suitable frame or casing, which can contain isolation valves and in which no gas-containing parts are connected on site. Annex IV uses the word self-contained in points 3, 4 and 8, not hermetically sealed. Equipment can be self-contained without being hermetically sealed, if it does not have the tested leakage rate required by point (9).
Split systems are out. Article 3, point (39), defines a split system as a system of refrigerant piped units forming a separate but interconnected unit, requiring the installation and connection of refrigerant circuit components at the point of use. Connection at the point of use directly contradicts the requirement of factory sealing.
The label mention: the condition that switches the exemption on
Article 12(3), second subparagraph, point (a), provides that the label shall indicate, where applicable, a reference that the fluorinated greenhouse gases are contained in hermetically sealed equipment. That is the mention Article 5(1), second subparagraph, points to when it makes the exemption conditional on labelling.
The rest of the label content remains that of Article 12(3), first subparagraph: an indication that the product or equipment contains fluorinated greenhouse gases or that its functioning relies upon such gases, the accepted industry designation of the gas or, if none is available, the chemical name, and the quantity expressed in weight and in CO2 equivalent together with the global warming potential. Article 12(4) requires the label to be clearly legible and indelible, placed either adjacent to the service ports for charging or recovering the gas or on the part of the equipment that contains it, and written in the official languages of the Member State in which the good is placed on the market, made available or supplied.
Implementing Regulation (EU) 2024/2174 fixes the wording of several statements — for instance contains fluorinated greenhouse gases in Article 1(3), 100 % Recycled and 100 % Reclaimed in Article 1(7), or the insulating foam statement in Article 1(8). For the hermetically sealed mention it prescribes no fixed text. The wording is left to the manufacturer, provided the mention is present and legible.
Where the gases have been changed, Article 12(3), third subparagraph, requires relabelling with updated information. The full label content is covered in the equipment label.
The leak-check exemption and its limits
Article 5(1), first subparagraph, sets the general rule: a check is required at 5 tonnes of CO2 equivalent or more of gases listed in Annex I, or at 1 kilogram or more of gases listed in Section 1 of Annex II that is not contained in foams.
The second subparagraph carves out the exception: hermetically sealed equipment shall not be checked for leaks, provided that it is labelled as hermetically sealed equipment and that it complies with one of the following conditions:
- point (a): it contains less than 10 tonnes of CO2 equivalent of fluorinated greenhouse gases listed in Annex I; or
- point (b): it contains less than 2 kilograms of fluorinated greenhouse gases listed in Section 1 of Annex II.
The third subparagraph adds a separate derogation: where hermetically sealed equipment is installed in residential buildings, it shall not be checked for leaks where that equipment contains less than 3 kilograms of fluorinated greenhouse gases, provided it is labelled as hermetically sealed. Here the text uses a kilogram figure that does not depend on which Annex the gas sits in.
| Situation | Exemption threshold | Legal basis |
|---|---|---|
| Labelled hermetically sealed equipment, Annex I gas | Under 10 tonnes of CO2 equivalent | Article 5(1), second subparagraph, point (a) |
| Labelled hermetically sealed equipment, Annex II Section 1 gas | Under 2 kilograms | Article 5(1), second subparagraph, point (b) |
| Labelled hermetically sealed equipment installed in a residential building | Under 3 kilograms of fluorinated greenhouse gases | Article 5(1), third subparagraph |
Above those thresholds, hermetically sealed equipment returns to the ordinary regime: checks at the intervals of Article 5(6) and records under Article 7(1). The fourth subparagraph of Article 5(1) deals separately with electrical switchgear, on its own conditions; that is a parallel regime, not a variant of the hermetic one.
The intervals and how the thresholds are calculated are explained in leak check frequency, and the duties that survive below a threshold in equipment below threshold.
What never changes
The exemption concerns one duty. The rest of the Regulation treats hermetically sealed equipment exactly like any other.
- Article 4(1): intentional release into the atmosphere is prohibited where the release is not technically necessary for the intended use.
- Article 4(3): operators, manufacturers and undertakings in possession of the equipment during its transport or storage shall take all necessary precautions to prevent unintentional release and all feasible measures to minimise leakage.
- Article 4(5): where a leak is detected, the equipment shall be repaired without undue delay. The verification check in the second subparagraph, however, applies only to equipment subject to leak checks under Article 5(1).
- Article 8(1) and (2): operators shall ensure that the gases are recovered and, after decommissioning, recycled, reclaimed or destroyed; point (a) of paragraph 2 covers the cooling circuits of refrigeration, air-conditioning equipment and heat pumps, with no exception for hermetically sealed units. Paragraph 10 covers products and equipment not otherwise listed.
- Article 11(1) and Annex IV: the placing-on-the-market prohibitions apply by product category, not by sealing method.
- Article 13: the use restrictions, including the GWP 2 500 rule in paragraph 3, apply to any refrigeration equipment.
- Article 12: labelling, with the extra mention described above.
One consequence that is often overlooked concerns end of life. A small hermetically sealed appliance has no check duty but does have a recovery duty. Where it enters the waste electrical and electronic equipment stream, Article 9 of the Regulation also applies: Member States shall ensure that, by 31 December 2027, the financing obligations for waste electrical and electronic equipment referred to in Articles 12 and 13 of Directive 2012/19/EU include the financing of the recovery, and the recycling, reclamation or destruction, of fluorinated greenhouse gases from products placed on the market from 11 March 2024.
The recovery steps are described in the recovery obligation.
Selling to an end user
Article 11(7) is drafted in the negative, and that is the whole point: non-hermetically sealed equipment charged with fluorinated greenhouse gases listed in Annex I and in Section 1 of Annex II may only be sold to an end user where evidence is provided that the installation is to be carried out by an undertaking certified in accordance with Article 10.
Mirroring it, Article 7(4) imposes records only on undertakings which sell non-hermetically sealed equipment charged with such gases: records of the equipment sold and of the certified undertakings that will carry out the installation, kept for at least five years and made available to the competent authority on request.
The fact that hermetically sealed equipment may be sold without installer evidence does not mean that anyone may buy gas. Article 11(6), on the purchase of bulk fluorinated greenhouse gases, is untouched. Nor does it mean the equipment may be placed on the market if it falls under an Annex IV prohibition.
The rule on selling pre-charged equipment is treated in full in selling pre-charged equipment, and the sale of bulk gas in selling to service companies.
Certificates and the 6-kilogram figure
Hermetic sealing also appears in the certification regime, but with different figures from those in Article 5. Implementing Regulation (EU) 2024/2215 sets out the certificate types in Article 3(2), and two of them use a doubled threshold for hermetically sealed systems labelled as such:
- Certificate A2 covers all the activities of Article 2(1) for fluorinated greenhouse gases and hydrocarbons, limited to equipment with a charge size of less than 3 kilograms or, where hermetically sealed systems labelled as such are concerned, less than 6 kilograms.
- Certificate D covers recovery only, for equipment containing less than 3 kilograms of fluorinated greenhouse gases or, for labelled hermetically sealed systems, less than 6 kilograms.
Article 3(3), point (b), of the same regulation adds a narrow exemption: recovery of fluorinated greenhouse gases from equipment covered by Directive 2012/19/EU with a charge of less than 3 kilograms and less than 5 tonnes of CO2 equivalent, in premises covered by a permit in accordance with Article 9(1) and (2) of that Directive, by persons employed by the permit holder who have completed a training course corresponding to Certificate D, verified by an attestation of competence issued by the permit holder.
Mind where these figures come from: the 3 and 6 kilograms sit in the implementing regulation on certification, not in Article 5. They define what a technician may do, not whether the equipment has to be checked. The full set of categories is described in certificate categories.
The company certification duty in Article 10(2) of Regulation (EU) 2024/573 likewise has no exception for hermetically sealed equipment: it attaches to the equipment lists in Article 5(2) and (3).
Checklist
- Ask for the document showing the tested leakage rateArticle 3, point (9): less than 3 grams per year at a pressure of at least a quarter of the maximum allowable pressure.
- Check where the sealing was doneArticle 3, point (9), requires sealing during the manufacturing process at the premises of the manufacturer.
- Look for the mention on the labelArticle 12(3), second subparagraph, point (a); without it, the Article 5(1) exemption does not apply.
- Compare the charge with the right threshold10 tonnes CO2 equivalent for Annex I, 2 kilograms for Annex II Section 1, 3 kilograms in residential buildings.
- Do not confuse hermetically sealed with self-containedArticle 3, points (9) and (38), are different definitions; Annex IV uses self-contained.
- Keep the Article 4 duties in placeThe release ban, the precautions and repair without undue delay remain fully applicable.
- Plan recovery at end of lifeArticle 8(1) and (2), point (a), with no exception for hermetically sealed units.
- At the point of sale, check which rule appliesArticle 11(7) and Article 7(4) address equipment that is not hermetically sealed.
Frequently asked questions
Can a split system be hermetically sealed?
Not where it is installed as Article 3, point (39), describes, that is by connecting refrigerant circuit components at the point of use. The definition in point (9) requires all gas-containing parts to be made tight during the manufacturing process at the premises of the manufacturer. Connection on site contradicts that requirement.
Do capped service ports defeat the hermetic status?
No. Article 3, point (9), expressly states that the sealing may include capped valves or capped service ports that allow proper repair or disposal. What matters is that the joints in the sealed system show the required tested leakage rate.
What happens if the equipment carries no such label?
The ordinary regime applies. Article 5(1), second subparagraph, makes the exemption conditional on the equipment being labelled as hermetically sealed. Without the mention, the leak check is required once the charge reaches the threshold in the first subparagraph, and with it the records under Article 7(1).
Does exempt hermetically sealed equipment need a record?
Article 7(1) ties the records to the check duty under Article 5(1). Where the exemption applies, that article imposes no record. What remains useful are the documents that prove entitlement to the exemption: the label and the manufacturer documentation on the tested leakage rate.
Does the 6-kilogram figure from the certificates apply to leak checks?
No. The 6 kilograms appear in Article 3(2), points (b) and (e), of Implementing Regulation (EU) 2024/2215 and delimit what the holder of an A2 or D certificate may do. The check thresholds are those of Article 5(1) of Regulation (EU) 2024/573.
Do the Annex IV prohibitions pass hermetically sealed equipment by?
No. Annex IV applies by category of product and equipment, and in points 3, 4 and 8 it uses the term self-contained, defined in Article 3, point (38), not the term hermetically sealed in point (9). Check the entry by equipment category and by the GWP of the gas.
Official sources
The definitions and articles cited were verified in the Official Journal text, together with the implementing regulations on labelling and certification.
How current this page is, and its limits
This page explains the definition and its legal consequences. It does not confirm that any particular product is hermetically sealed: that quality follows from its construction and its tested leakage rate, as documented by the manufacturer. The page contains no national waste management rules and no penalty amounts.
General information prepared by EgoLog on the basis of the official texts. It is not legal advice.
Opening a circuit, including a hermetically sealed one, is done only by personnel holding the certificate required by Article 10 of Regulation (EU) 2024/573 and by Implementing Regulation (EU) 2024/2215. For flammable refrigerants, see safety classes.