Illegal F-Gas: New decree strengthens penalties and calls for traceability across the supply chain.
The new decree strengthens sanctions against the unauthorized production, trade, and use of F-Gas, requiring the supply chain to be traceable.
The fight against the illegal trade in fluorinated greenhouse gases is entering a more stringent phase in Italy as well. With the publication of Legislative Decree No. 81 of 21 April 2026 in the Official Journal, the national sanctions framework is being updated in implementation of the European Directive on the protection of the environment through criminal law , with direct implications for the HVAC/R sector as well.
The measure introduces new provisions to combat environmental crimes and focuses particular attention on the unauthorized production, import, export, marketing, use, and release of F-gases and equipment containing them. For the refrigeration industry, the message is clear: the transition to refrigerants with a lower climate impact must proceed with more rigorous controls, traceability, and accountability throughout the supply chain.
Tougher penalties for unauthorized production, trade and use
One of the key points of the decree concerns the article dedicated to the production and trade of greenhouse gases . The law addresses practices that could compromise European environmental objectives and generate distortions in the refrigerant market, most severely impacting those operating outside of authorized channels.
The new framework provides for penalties of up to one year in prison or fines ranging from €10,000 to €150,000 for the unauthorized production, import, or export of F-gases and related products. The unauthorized marketing, use, or release of these gases or equipment containing them carries penalties of up to six months in prison or fines ranging from €1,000 to €50,000.
For distributors, installers, maintenance technicians, and refrigeration companies, the issue isn't just about the risk of fines. The use of refrigerants from unverified sources can create technical, financial, and reputational issues, as well as jeopardize the compliance of their systems and operations.
The illegal refrigerant market remains a critical issue for the sector
The tightening of sanctions comes against a backdrop of a European context where illicit trade in HFCs continues to pose a significant problem. Among the most common practices reported are exceeding quotas, falsifying invoices, fraudulent reclassification of virgin gases as reclaimed, and VAT evasion along the refrigerant supply chain.
These phenomena harm operators who work in compliance with the rules and risk undermining the objectives of EU Regulation 2024/573, which aims to progressively reduce the placing on the market of high-GWP refrigerants and transition to solutions with a lower climate impact.
For this reason, it becomes essential to strengthen attention on some operational aspects:
- verification of the origin of the refrigerants;
- control of purchase and sales documentation;
- compliance with quotas and authorized channels;
- correct management of fluorinated gases and equipment containing them;
- traceability along the entire distribution and use chain.
The legality of the supply chain therefore becomes an integral part of the sector's sustainability, as it impacts competition, safety, and the credibility of the F-Gas reduction process.
Traceability and shared responsibility for companies and refrigeration technicians
The new decree calls for greater accountability across the entire HVAC/R supply chain. The availability of compliant refrigerants, proper documentation of movements, and compliance with procedures are no longer secondary administrative issues, but essential conditions for operating safely and in compliance with the European regulatory framework.
For refrigeration professionals, this means paying attention not only to the technical management of the system, but also to the origin of the gases used, the validity of documents, supplier compliance, and proper recording of activities. The fight against illegal F-gases, in fact, affects not only large-scale trade flows, but also everyday purchasing, maintenance, and support decisions.
In a market oriented toward low-GWP refrigerants, regeneration, recovery, and alternative solutions, supply chain transparency becomes a competitive advantage. Companies that invest in compliance, traceability, and training can help protect the market, enhance the work of responsible operators, and support a more credible transition to climate-friendly refrigeration.
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FAQ
The decree strengthens the fight against the unauthorized production, import, export, marketing, use, or release of fluorinated gases and equipment containing them. For the HVAC/R industry, this is not just a regulatory issue, but also a matter of market legality control: untraceable or over-quoted refrigerants can compromise safety, system compliance, competition between operators, and the emission reduction targets set by EU Regulation 2024/573.
The unauthorized production, import, or export of F-Gases and related products carries a penalty of up to one year in prison or a fine of €10,000 to €150,000. The unauthorized marketing, use, or release of F-Gases or equipment containing them carries a penalty of up to six months in prison or a fine of €1,000 to €50,000. Legislative Decree No. 81 of April 21, 2026, was published in the Official Journal on May 18, 2026, and enters into force on June 2, 2026.
A company should qualify suppliers, maintain invoices and documents certifying the refrigerant's origin, verify personnel and company certifications, correctly update the F-Gas Database, and maintain internal procedures for purchasing, storage, charging, recovery, and disposal. In cases of import or distribution, it is also necessary to check quotas, customs documentation, and consistency between purchased, sold, and declared quantities.
