Commission Implementing Regulation (EU) 2026/1975

Contents

THE EUROPEAN COMMISSION,Having regard to the Treaty on the Functioning of the European Union,Having regard to Regulation (EU) 2024/573 of the European Parliament and of the Council of 7 February 2024 on fluorinated greenhouse gases, amending Directive (EU) 2019/1937 and repealing Regulation (EU) No 517/2014^note, and in particular Article 11(5) thereof,Whereas:

(1)As from 1 January 2027, point 7(b) of Annex IV to Regulation (EU) 2024/573 prohibits the placing on the market of stationary chillers with a rated capacity of up to and including 12 kW that contain or whose functioning relies upon fluorinated greenhouse gases with a global warming potential (‘GWP’) of 150 or more, except if required to meet safety requirements at the site of operation. As from the same date, points 8(b) and 8(d) of Annex IV to that Regulation prohibit the placing on the market of self-contained air-conditioning equipment with a rated capacity specified in those points, that contain or whose functioning relies upon fluorinated greenhouse gases with a GWP of 150 or more, except if required to meet safety requirements at the site of operation.

(2)In February 2026, the German competent authorities submitted to the Commission, pursuant to Article 11(5) of Regulation (EU) 2024/573, a request for the authorisation of an exemption (the exemption request) allowing the placing on the market of certain equipment used for drying compressed air (Compressed Air Refrigerated Dryers – CARDs), whose placing on the market is to be prohibited under points 7(b), 8(b) and 8(d) of Annex IV to Regulation (EU) 2024/573 as from 1 January 2027.

(3)The equipment concerned by the exemption request are (i) stationary chillers with a cooling capacity of up to and including 12 kW used for drying compressed air; and (ii) stationary self-contained air-conditioning equipment used for drying compressed air. This equipment are essential components of compressed air installations widely used across industrial sectors, where they ensure the reliable removal of moisture necessary for the proper functioning of production processes and equipment.

(4)According to the exemption request, CARDs that comply with the requirements referred to in Annex IV to Regulation (EU) 2024/573 are currently not commercially available for the full range of industrial applications. Despite ongoing research and development efforts, alternatives using refrigerants with a GWP below 150 are not yet sufficiently mature to meet the required performance, safety and reliability standards for all applications.

(5)The exemption request further indicates that the transition to alternative technologies requires the development and validation of new safety concepts, as well as design adaptations to reduce refrigerant charge, which cannot be completed before the applicable prohibition dates. It also states that, in the absence of an exemption, operators and manufacturers would face disproportionate costs and operational risks, including the need for premature replacement or interim solutions, which would undermine investment in long-term sustainable technologies.

(6)The Commission has assessed the exemption request and considers that the conditions set out in Article 11(5), points (a) and (b), of Regulation (EU) 2024/573 are fulfilled. In particular, suitable alternatives are not yet technically feasible for all applications, and the absence of an exemption would lead to disproportionate costs.

(7)Under these exceptional circumstances, it is appropriate to grant a time-limited exemption to ensure continuity of industrial operations while allowing sufficient time for the development and deployment of compliant alternatives. The Commission considers that a period of four years for the equipment listed in points 7(b), 8(b) and 8(d) of Annex IV to Regulation (EU) 2024/573 is appropriate and proportionate to achieve those objectives.

(8)The measures provided for in this Regulation are in accordance with the opinion of the Committee on fluorinated greenhouse gases,

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