Quick answer
The first thing to get right is which regulation you are in. R-22 — chlorodifluoromethane, HCFC-22 — is an ozone-depleting substance, not a fluorinated greenhouse gas. It is listed in Annex I, Group VIII of Regulation (EU) 2024/590, with an ozone-depleting potential of 0,055. Regulation (EU) 2024/573 — the F-gas Regulation — does not apply to it.
Article 4(1) of the ODS regulation is short and total: the production, placing on the market, any subsequent supply or making available to another person within the Union for payment or free of charge, and use of ozone-depleting substances listed in Annex I shall be prohibited. Article 4(2) prohibits their import and export.
Because use is prohibited, the question “can I still buy R-22 somewhere?” has no useful answer. Even if a cylinder appeared, charging it into a system would itself be prohibited.
Article 12 permits Annex I substances to be placed on the market for destruction within the Union, and to be placed on the market for reclamation within the Union. It does not create an exception to the prohibition on use. Recovered R-22 has a lawful destination — it does not have a lawful return to service.
What still applies to the equipment you have
An installed R-22 system does not fall out of regulation because the gas may no longer be used. Article 21 keeps a full set of duties on the operator.
Leak checks — Article 21(3). Operators of refrigeration and air conditioning equipment or heat pumps, or fire protection systems, including their circuits, containing Annex I substances must ensure that stationary equipment or systems are checked as follows:
| Fluid charge | Check at least |
|---|---|
| 3 kg or more but less than 30 kg | Once every 12 months |
| 30 kg or more but less than 300 kg | Once every 6 months |
| 300 kg or more | Once every 3 months |
The exception in the first band: hermetically sealed systems labelled as such and containing less than 6 kg of Annex I substances.
This is a genuinely different scheme from the F-gas one. Do not convert an R-22 charge into tonnes of CO2 equivalent and look it up in the F-gas table — the ODS regulation works directly in kilograms and uses different intervals.
Repairs — Article 21(4). Operators must ensure that any detected leakage is repaired without undue delay, without prejudice to the prohibition to use those ozone-depleting substances. The regulation says, in one sentence, both “fix the leak” and “you still may not refill it”.
Emissions — Article 21(1) and (2). Intentional release into the atmosphere is prohibited where it is not technically necessary for a permitted use. Undertakings must take all necessary precautions to prevent and minimise unintentional release during production, equipment manufacturing, use, storage, transfer between containers or systems, and transport.
Recovery and records
Recovery — Article 20(1). Ozone-depleting substances contained in refrigeration and air conditioning equipment and heat pumps, equipment containing solvents, or fire protection systems and fire extinguishers must be recovered during the maintenance or servicing of equipment or before the dismantling or disposal of equipment, for destruction, recycling or reclamation — unless such recovery is regulated under other Union legal acts.
Destruction — Article 20(6). Annex I substances, and products and equipment containing them, may only be destroyed by a destruction technology approved by the Parties to the Protocol.
Records — Article 21(5). Operators must keep records of the quantity and type of halons added and of Annex I substances recovered during maintenance or servicing and final disposal of the equipment. They must also keep records of other relevant information, including the identification of the undertaking which performed leak checks, maintenance or servicing, as well as the dates and results of the leak checks carried out. Those records are kept for at least 5 years and produced on request to the competent authority or the Commission.
Qualifications. Article 20(8) requires Member States to promote recovery, recycling, reclamation and destruction of Annex I substances and to establish the minimum qualification requirements for the personnel involved. Article 21(6) requires the same for the personnel carrying out the leak checks and repairs. These are national requirements — the F-gas certificate scheme under Implementing Regulation (EU) 2024/2215 is a separate framework.
End of life is a legal event, not just a commercial one
Article 11(3) is one line and it is easy to miss: products and equipment containing ozone-depleting substances or whose functioning relies upon those substances shall be decommissioned when they reach the end of their life cycle.
There is no derogation for keeping a machine standing because it might be useful for parts, and Article 5 blocks the alternative route: placing on the market and any subsequent supply or making available of products and equipment containing Annex I substances is prohibited, as is their import and export other than personal effects.
In practice this means an out-of-service R-22 unit cannot be sold on, given away or exported. The lawful path is recovery of the gas by an appropriately qualified person, followed by disposal of the equipment.
The three real options
Run it until it leaks, then stop
Perfectly lawful while it holds charge, with leak checks and records maintained. The plan ends the moment the charge does, because there is no lawful recharge.
Retrofit to a different refrigerant
The system changes regulation as it changes gas. Once it holds a fluorinated greenhouse gas, Regulation (EU) 2024/573 applies to it — including the label.
Replace the equipment
Recover the R-22, decommission the old unit, and specify the new one against the current Annex IV dates and Article 13 service bans rather than today's availability.
Decide by charge size and criticality, not by age
A 3 kg unit that fails is an inconvenience; a 300 kg plant that fails without a recharge route is a business interruption.
Do not plan around a stockpile
Article 4(1) prohibits use. A cylinder in the store is not a contingency plan; it is an exposure.
Keep the record either way
Article 21(5) applies for as long as the equipment is in service, and the recovery entry is needed when it leaves service.
What changes after a retrofit
A retrofit moves the system from one legal regime into another, and every duty changes with it.
| While it holds R-22 | After retrofit to an F-gas | |
|---|---|---|
| Governing act | Regulation (EU) 2024/590 | Regulation (EU) 2024/573 |
| Leak-check threshold | Kilograms: 3 / 30 / 300 | Tonnes of CO2 equivalent: 5 / 50 / 500 for Annex I gases |
| Records | Article 21(5), 5 years | Article 7(1), seven fields, 5 years, contractor keeps a copy |
| Recharging | Prohibited | Allowed, subject to the Article 13 service bans |
| Label | — | Article 12(3) requires relabelling with updated information after a retrofit |
Since 1 January 2025, Article 13(3) of Regulation (EU) 2024/573 prohibits using a gas with a GWP of 2 500 or more to service any refrigeration equipment, and from 1 January 2032 the limit for stationary refrigeration other than chillers drops to 750. A retrofit that lands on a gas above those lines is a short-lived solution.
Whether a specific retrofit is technically sound — oil compatibility, component ratings, capacity and pressures — is an engineering question for the equipment manufacturer's documentation, not a regulatory one. The regulation tells you what is permitted; it does not tell you what will work.
Common mistakes
- Applying F-gas rules to an R-22 machine. Different regulation, different thresholds, different records.
- Converting an R-22 charge to tonnes of CO2 equivalent. Article 21(3) works in kilograms.
- Assuming reclaimed R-22 can be charged. Article 12 permits placing on the market for reclamation or destruction; it does not permit use.
- Skipping leak checks because “it is an old machine”. Article 21(3) applies while the equipment is in service.
- Repairing a leak and then topping up. Article 21(4) requires the repair explicitly without prejudice to the prohibition on use.
- Selling or giving away a decommissioned R-22 unit. Article 5(1) prohibits supply and making available; Article 5(2) prohibits import and export.
- Leaving a scrapped unit charged. Article 20(1) requires recovery before dismantling or disposal.
- Retrofitting to a gas above the Article 13 limits. It buys a few years at most.
Checklist
- R-22 sites listed with charge in kilogramsThe kilogram figure sets the check interval under Article 21(3).
- Check interval assigned per site12, 6 or 3 months at 3 kg, 30 kg and 300 kg.
- Hermetically sealed exception applied correctlyLabelled as such and under 6 kg.
- No R-22 in stock or on the vehicleUse is prohibited; holding it is an exposure, not a plan.
- Leak repairs done without undue delayAnd recorded — without any recharge.
- Recovery arranged for servicing and disposalArticle 20(1), by appropriately qualified personnel.
- Records kept five yearsRecovered quantities, undertaking identity, dates and results of checks.
- End-of-life plan in placeArticle 11(3) requires decommissioning at end of life; the unit cannot be passed on.
- Retrofit target checked against Article 13GWP below 2 500 today, and below 750 for stationary refrigeration from 2032.
Frequently asked questions
Can I still buy R-22?
No. Article 4(1) of Regulation (EU) 2024/590 prohibits the production, placing on the market, supply or making available, and use of ozone-depleting substances listed in Annex I, and R-22 is listed there. Article 4(2) also prohibits import and export.
Can I use reclaimed R-22 to top up?
No. Article 12 allows Annex I substances to be placed on the market for destruction, and to be placed on the market for reclamation within the Union. Neither creates an exception to the prohibition on use.
Do I still have to leak-check an R-22 system?
Yes, while it is in service. Article 21(3) requires checks at least every 12 months from 3 kg, every 6 months from 30 kg and every 3 months from 300 kg, with an exception for labelled hermetically sealed systems under 6 kg.
What do I do when it leaks?
Article 21(4) requires the leak to be repaired without undue delay, expressly without prejudice to the prohibition on using the substance. The system may be repaired; it may not be recharged with R-22.
What records do I keep?
Under Article 21(5): the quantity and type of halons added and of Annex I substances recovered during maintenance, servicing and final disposal; the identification of the undertaking that performed the leak checks, maintenance or servicing; and the dates and results of the checks. Kept at least five years.
Can I sell the old unit when I replace it?
No. Article 5(1) prohibits placing on the market and any subsequent supply or making available of products and equipment containing Annex I substances, and Article 5(2) prohibits their import and export other than personal effects.
Does the equipment have to be scrapped?
Article 11(3) requires products and equipment containing ozone-depleting substances, or whose functioning relies upon them, to be decommissioned when they reach the end of their life cycle. Recovery under Article 20(1) comes first.
If I retrofit, which rules apply afterwards?
Once the system contains a fluorinated greenhouse gas, Regulation (EU) 2024/573 applies: leak-check thresholds in tonnes of CO2 equivalent, the Article 7 equipment record, the Article 13 service bans, and relabelling under Article 12(3).
Official sources
Articles 4, 5, 11, 12, 20 and 21 and Annex I of the ODS regulation were read directly in the Official Journal text through the EU Publications Office.
Currency of this guide and limits of responsibility
Qualification requirements for personnel working on ozone-depleting substances are set nationally under Articles 20(8) and 21(6). Check what your Member State requires before assigning the work.
This is general information prepared by EgoLog from the regulations and official Commission material. It is not legal advice and it is not an engineering assessment.
Whether a specific retrofit is technically feasible depends on the equipment, not on the regulation. Use the manufacturer's documentation for that decision.