Three German industry organizations—BIV (Federal Guild Association of Refrigeration Air Conditioning Heat Pumps), VDKF (Association of German Refrigeration and Air Conditioning Companies), and the Federal Technical School for Refrigeration and Air Conditioning Technology—have issued a joint statement urging tougher action against illegal refrigerant trade. The appeal is part of their response to the planned revision of the German Chemicals Act (ChemG), which aligns national regulations with the updated EU F-gas Regulation.
F-gases are widely used in refrigeration, air conditioning, and heat pump systems. While precise figures are unavailable, the volume of illegally traded refrigerants is estimated to be similar to that of the legal market.
The revised ChemG aims to improve oversight of the refrigerant supply chain and prevent unlawful activities. Following the March 2024 update of the EU F-gas Regulation, changes to the German law are now underway. The federal cabinet has approved the proposed amendments, which will be reviewed by the Bundesrat on December 19. Ahead of the vote, the associations have submitted their position to the federal and state environment and economy ministers.
Stricter penalties for illegal trade: The German Penal Code should be aligned with the EU Environmental Crime Directive, which calls for raising the maximum prison sentence for illegal refrigerant trade from two to at least five years, and up to ten years in severe cases. The current legal framework in Germany, which imposes a maximum of two years, is seen as ineffective and lacking deterrent power.
Maintain the ban on purchasing illegal goods: A planned deletion of a clause in the ChemG would remove the current ban on purchasing illegally distributed products and systems. The associations oppose this change, arguing that it would hinder authorities from initiating enforcement procedures against buyers of illegal refrigerants.
Preserve quota documentation requirements: The current ChemG requires all parties in the supply chain to prove that their refrigerants are legally acquired and within quota limits. A proposed change would exempt end users from this requirement. The associations warn that this would limit enforcement options, as illegal goods are often offered to end users.
Oppose legalization of confiscated goods: A newly introduced clause would allow authorities to resell confiscated pre-filled systems that were traded illegally. The associations consider this provision unlawful and inappropriate, as it would effectively legitimize illegal goods.
At the Environment Committee meeting in early December, the first two demands gained majority support and will be voted on in the Bundesrat session on December 19. However, the proposals regarding documentation requirements and resale of confiscated goods did not secure sufficient backing.