Fluorinated Greenhouse Gases Regulations 2015 (as amended)
What this means for your business
- Enforced by
- Ofgem
- Applies to
- United Kingdom
- On this page
- 11 compliance obligations, 1 practical guide
What you must do
11 compliance obligations under this legislation.
Management duties 4
Ensure staff carrying out F‑gas work are properly qualified
If you employ anyone to do work covered by the EU F‑gas regulations (for example work on refrigeration, air‑conditioning or other equipment that uses fluorinated greenhouse gases), you must make sure they already hold the required qualification before they start the job. You cannot assign the task to someone who lacks the appropriate competence.
Have an English version of any EEA‑issued F‑gas solvent certificate
If you hold a certificate for using fluorinated greenhouse‑gas solvents that was issued by a certification body in an EU/EEA country other than the UK, you must have the certificate in English or a certified English translation before you can carry out the work. Without the English version you are not allowed to use the solvent.
Have English version or translation of switchgear certificate before work
If you hold a certification for electrical switchgear that was issued by a certification body in an EU country (outside the UK), you must have that certificate either written in English or provide an English translation before you can legally carry out the work. Certificates issued by a body in Northern Ireland are acceptable as‑is.
Use English‑language certificates for refrigeration and AC equipment
If your business holds a certificate from an EU/EEA country (other than the UK) allowing you to install, service or operate stationary refrigeration, air‑conditioning or heat‑pump equipment, you must have that certificate in English or keep an English translation. You cannot carry out the work until this requirement is met.
Offences and prohibitions 4
Fail to comply with an enforcement notice
Unlimited fineIf a regulator serves you with an enforcement notice under the Fluorinated Greenhouse Gases Regulations and you do not carry out the required steps (or you let someone else fail to do so), you commit a criminal offence. The offence carries a civil penalty and may lead to further sanctions, but the exact fine or prison term is set out in the separate regulation 29(1)(e).
Fail to comply with fluorinated greenhouse gases regulations (civil penalty)
Unlimited fineIf you break any of the duties set out in the Fluorinated Greenhouse Gases Regulations – for example releasing a prohibited gas, putting non‑approved products on the market, providing false information, obstructing inspectors or not following information notices – the enforcing authority can serve a civil penalty notice. The penalty is a fine (as defined in Schedule 4) and can be enforced against any person who commits the breach.
Officer or partner liable for company offence committed with consent or neglect
Unlimited fineIf your company, partnership or unincorporated association breaks the Fluorinated Greenhouse Gases Regulations, the organisation itself and any director, manager, partner or other officer can also be prosecuted when the offence was done with their consent, they turned a blind eye, or it resulted from their neglect. The same rules apply to unincorporated associations, whose fines must be paid out of the association’s funds.
Release prohibited fluorinated greenhouse gas
Unlimited fineIf you intentionally release a fluorinated greenhouse gas, or cause someone else to do so, you breach Article 3(1) of the 2014 Regulation. This constitutes a criminal offence. Conviction can lead to unlimited fines and possible imprisonment, although the exact penalty is set out in a later section of the Regulations.
Record keeping 1
Ensure fire‑protection certificates are in English
If your business uses a fire‑protection system or fire‑extinguisher certificate that was issued by a certification body in another EEA country, you must have the certificate in English or hold an English translation before you can legally carry out the work. Without an English version you are not allowed to perform the activity.
Reporting and filing 2
Provide evidence of lawful import when asked by Customs
Unlimited fineIf you import or hold any product or equipment that falls under the fluorinated greenhouse gases rules, HM Revenue & Customs can ask you to prove the import complied with the 2014 Regulation. You must supply the requested documents within the time they set, otherwise the goods can be detained and may be forfeited.
Supply information when requested by an enforcement notice
If the regulator sends you an information notice under the Fluorinated Greenhouse Gases Regulations, you must give them the data they ask for, in the format they require, and within the time‑frame set out in the notice. Ignoring the notice can lead to criminal prosecution.
Penalties for non-compliance
5 penalties under this legislation. 5 carry an unlimited fine.
Fail to comply with an enforcement notice
Unlimited fine
Fail to comply with fluorinated greenhouse gases regulations (civil penalty)
Unlimited fine
Officer or partner liable for company offence committed with consent or neglect
Unlimited fine
Release prohibited fluorinated greenhouse gas
Unlimited fine
Disclose Revenue & Customs info that reveals a person's identity
Unlimited fine
Practical guidance
Our guides explain how to comply with the requirements above.
Sections and provisions
39 classified provisions from this legislation.
Duties 10
- s.7 Proof of lawful import
- s.9 Certificates relating to stationary refrigeration, air conditioning and heat pump equipment issued in EEA States and Northern Ireland
- s.11 Certificates relating to fire protection systems and fire extinguishers issued in EEA States and Northern Ireland
- s.13 Certificates relating to electrical switchgear issued in EEA States and Northern Ireland
- s.15 Certificates relating to fluorinated greenhouse gas-based solvents issued in EEA States and Northern Ireland
- s.18 Obligation of employers to employ qualified employees work or activity referred
- s.20 Enforcement enforcing authority
- s.24 Information notices
- Disclosure of information held by Revenue and Cust Disclosure of information held by Revenue and Customs
- Publication of details of certification bodies, at Publication of details of certification bodies, attestation bodies and evaluation bodies
Offences and penalties 9
- s.6 Importation
- s.25 Enforcement notices
- s.26 Appeals against enforcement notices etc.
- s.27 Proceedings before a civil court
- s.29 Offences
- s.30 Offences committed by bodies corporate, partnerships and unincorporated associations
- s.31 Penalties
- Civil penalties Civil penalties
- Offences relating to disclosure of information hel Offences relating to disclosure of information held by Revenue and Customs
Powers 5
- s.8 Appointment of certification, evaluation and attestation bodies
- s.19 Obligations on certification bodies, attestation bodies and evaluation bodies to provide information
- s.21 Appointment of authorised persons
- s.23 Warrants
- s.28 Powers of the Secretary of State, the Scottish Ministers and the Department of Agriculture, Environment and Rural Affairs