Quick answer
The Regulation does not say "never release gas". It says something more precise, and the wording matters.
- Article 4(1), first subparagraph: the intentional release of fluorinated greenhouse gases into the atmosphere is prohibited where the release is not technically necessary for the intended use.
- Second subparagraph: if an intentional release is technically necessary, operators shall take all measures that are technically and economically feasible to prevent, to the extent possible, release into the atmosphere, including by recapturing the gases emitted.
- Paragraphs 3 and 4: mandatory precautions against unintentional release, and during production, storage, transport and transfer.
- Paragraph 5, first subparagraph: where a leakage is detected, the equipment is repaired without undue delay.
In practice two questions decide everything: is the release technically necessary for the intended use? and, if it is, which feasible measures were taken to limit it?
No national penalties, no test pressures, no dangerous-goods figures, no product names, and no claim that any particular working method is "approved" by the Regulation. The Regulation contains no worked examples; this page applies the Article 4 tests to ordinary situations and says so openly.
The prohibition, read word by word
The text prohibits a precise category of acts: the intentional release, into the atmosphere, of fluorinated greenhouse gases, where that release is not technically necessary for the intended use.
Three observations follow straight from that wording.
- There is no quantitative threshold. The prohibition is not expressed in kilograms or in tonnes of CO2 equivalent. A small quantity does not take the act out of scope.
- The type of equipment does not matter. The first subparagraph of paragraph 1 does not refer to the equipment lists in Article 5, unlike the checking duty.
- The test is technical necessity for the intended use, not convenience, not cost, and not the pressure of the working day. Cost only reappears in the second subparagraph, as a limit on the preventive measures.
For equipment that does not reach the checking thresholds, the prohibition applies in full; that position is set out in equipment below the threshold.
When the release is technically necessary
The second subparagraph of paragraph 1 is not a loophole but an additional duty. If an intentional release is technically necessary for the intended use, operators of equipment that contains fluorinated greenhouse gases, or of facilities where such gases are used, shall take all measures that are technically and economically feasible to prevent, to the extent possible, release into the atmosphere, including by recapturing the gases emitted.
The text names one use with a technically necessary release expressly, and attaches a documentation duty to it: fumigation with sulfuryl fluoride. Article 4(2) requires operators to document the use of capturing and collection measures, or to specify the reasons why those measures were not technically or economically feasible. The supporting evidence is kept for 5 years and made available, on request, to the competent authority or to the Commission.
The documentation duty in paragraph 2 is written for fumigation with sulfuryl fluoride. The Regulation does not extend it to other situations. That does not make other releases permitted: they remain subject to the test in paragraph 1.
The mandatory precautions, and who is bound by them
Paragraphs 3 and 4 cover everything that is not intentional, and their addressees are wider than usually assumed.
| Paragraph | What it requires | Whom it names |
|---|---|---|
| Article 4(3) | All necessary precautions to prevent unintentional release; all technically and economically feasible measures to minimise leakage | Operators and manufacturers of equipment, operators of facilities, and undertakings in possession of the equipment during its transport or storage |
| Article 4(4) | All necessary precautions to limit release to the greatest extent possible, during production, storage, transport and transfer from one container or system to another, to equipment or to a facility | The undertaking concerned |
| Article 4(7) | Precautionary measures to prevent leakage, alongside the certification duty | The natural and legal persons carrying out the listed activities |
Paragraph 4 is the one that touches daily work most directly: the transfer from a cylinder into a system, from a system into a recovery cylinder, or from one receptacle into another. Paragraph 6 addresses a different link in the chain, producers and importers, and trifluoromethane produced as a by-product.
The full allocation of duties between the customer and the servicing firm is set out in operator or contractor.
Job cases, read through Article 4
The Regulation contains no worked examples. The situations below are an application of the two tests in paragraph 1 and of the precautions in paragraph 4; it is the legal text quoted that governs.
Clearing hoses and the manifold gauge set
The gas left in the hoses after a charge or a recovery is gas that can reach the atmosphere on disconnection. That is a transfer within Article 4(4), which requires all necessary precautions to limit release to the greatest extent possible. Recovering the content of the hoses before disconnecting is the obvious measure. See also charging in liquid or vapour.
The heel left in a cylinder
Article 8(7) is explicit: an undertaking that uses a container with gases listed in Annex I and in Section 1 of Annex II shall, immediately prior to its disposal, arrange for the recovery of any residual gases so that they are recycled, reclaimed or destroyed. Venting it "because there was so little left" is not an option. See cylinder return and non-refillable cylinders.
Pressure testing or leak hunting with refrigerant
If the working method ends with the refrigerant being vented, there is an intentional release and the Article 4(1) test has to be passed: the release would have to be technically necessary for the intended use. A test carried out with an inert gas does not put refrigerant in a position to be released at all.
Blowing out pipework or breaking a vacuum with refrigerant
The same analysis applies. The technical purpose of the operation — clearing a line, removing moisture, proving a circuit — can generally be achieved without the refrigerant reaching the atmosphere. Where it can, the release is not technically necessary and falls under the prohibition in paragraph 1.
Opening the circuit to braze or change a component
Opening a circuit that still holds gas means, without prior recovery, a release. Article 3, point (11) defines recovery as the collection and storage of the gases from containers, products and equipment during maintenance or servicing or prior to disposal, and Article 8(1) requires the operator to ensure that the gases are recovered. The procedure is set out in refrigerant recovery.
Before opening a circuit or disconnecting anything under pressure, ask whether the technical purpose of the operation can be achieved without the gas reaching the atmosphere. If the answer is yes, the release is not technically necessary.
A leak detected: what Article 4(5) requires
The first subparagraph of paragraph 5 is short and has no threshold: where a leakage is detected, operators and manufacturers of equipment, operators of facilities, and undertakings in possession of the equipment during transport or storage shall ensure that the equipment or facility is repaired without undue delay.
The second subparagraph adds a follow-up check, but only for equipment subject to Article 5(1): the check is carried out by a natural person certified in accordance with Article 10, at the earliest after an operating time of 24 hours has elapsed but not later than 1 month after the repair, to verify that the repair has been effective. For the mobile equipment listed in Article 5(3), points (a), (b) and (c), a leak check may be carried out directly after a repair.
The full timeline, with what is recorded and in what order, is covered in the guide on after a major leak; it is not repeated here.
Common mistakes
- "Below a certain quantity it is allowed." Article 4(1) contains no quantitative threshold at all.
- "The system is small, so the Regulation does not reach it." The checking duty has a threshold; the release prohibition does not.
- "It was necessary, we were in a hurry." The test is technical necessity for the intended use, not the working schedule.
- Confusing documentation with permission. The documentation duty in paragraph 2 concerns fumigation with sulfuryl fluoride and does not turn other releases into permitted operations.
- Sending an "almost empty" cylinder for scrap. Article 8(7) requires the recovery of residual gases immediately prior to disposal of the container.
- Putting recovered gas straight back into the system. Article 8(6) allows reuse only after recycling or reclamation.
Checklist before opening anything under pressure
- The technical purpose can be achieved without a releaseIf so, Article 4(1), first subparagraph, prohibits the release.
- The recovery unit is on site and workingArticle 8(1); recovery is carried out by natural persons certified under Article 10.
- Hoses and the gauge set are cleared by recoveryArticle 4(4), precautions on transfer.
- Recovery cylinders are identified and gases are not mixedNecessary for recycling or reclamation under Article 8(6).
- No cylinder goes for disposal still holding residual gasArticle 8(7).
- The pressure test is planned without refrigerantIt avoids the situation governed by Article 4(1).
- If a leak is found, the repair starts without undue delayArticle 4(5), first subparagraph.
- For equipment under Article 5(1), the follow-up check is scheduledAt the earliest after 24 hours of operating time and not later than 1 month after the repair.
Frequently asked questions
Is every intentional release prohibited?
Not quite. Article 4(1), first subparagraph, prohibits intentional release where the release is not technically necessary for the intended use. Where it is technically necessary, the second subparagraph imposes all technically and economically feasible measures to prevent it to the extent possible, including by recapturing the gases emitted.
Is there a minimum quantity below which it does not apply?
No. Unlike the checking duty in Article 5(1), the prohibition in Article 4(1) has no threshold in kilograms or in tonnes of CO2 equivalent.
Can I let the gas in the hoses out when disconnecting?
Article 4(4) requires the undertaking concerned to take all necessary precautions to limit release to the greatest extent possible during the transfer from one container or system to another. Clearing the hoses by recovery is the measure that answers that requirement.
What do I do with the heel in a cylinder I am taking out of service?
Article 8(7): an undertaking that uses the container shall, immediately prior to its disposal, arrange for the recovery of any residual gases so that they are recycled, reclaimed or destroyed.
Can I put the gas I have just recovered straight back into the system?
Article 8(6) provides that recovered fluorinated greenhouse gases listed in Annex I and in Section 1 of Annex II shall not be used for filling or refilling equipment unless the gas has been recycled or reclaimed.
Who answers if gas escapes during transport?
Article 4(3) expressly names undertakings in possession of the equipment during its transport or storage, and paragraph 4 refers to the undertaking concerned during production, storage, transport and transfer.
Official sources
The wordings quoted were checked in the Official Journal text, in Articles 3, 4 and 8.
Currency of this guide and limits of responsibility
This page reproduces Article 4 of Regulation (EU) 2024/573 and the articles connected to it. The job examples are not taken from the Regulation: they are an application of the Article 4 tests, and the Regulation neither approves nor forbids any particular working method as such.
General information prepared by EgoLog from the Regulation and from official European Commission material. It is not legal advice.
Recovery and work on circuits containing fluorinated greenhouse gases may be carried out only by certified persons, under the conditions of Article 10. Working under pressure and with flammable or toxic gases calls for additional safety measures set by the rules applicable to the workplace.