The Federal Ministry for the Environment (BMUV) has released a draft of the Fifth Amendment to the Chemicals Act (ChemG), with the aim of aligning German national law with new EU regulations on fluorinated greenhouse gases (F-Gases) and ozone-depleting substances (ODS).
The consultation period for stakeholders—including federal states and industry groups—closes on 20 August 2025.
Objective of the Amendment
The amendment adapts German law to:
• EU Regulation 2024/573 on fluorinated greenhouse gases (F-Gases)
• EU Regulation 2024/590 on ozone-depleting substances (ODS)
Key Legal Changes Proposed
1. Deletion of Redundant National Rules
o National rules already addressed in the EU regulations will be removed to avoid duplication.
2. Temporary Bans for Violations
o Authorities will be empowered to temporarily prohibit the production or use of F-gases in case of regulatory breaches.
3. Tighter Control of Pre-Charged Equipment
o Closes regulatory loopholes regarding products imported or placed on the market with pre-filled F-gases.
4. Reinforcement of Competence Requirements
o Strengthens legal basis for qualification standards under the Chemicals Climate Protection Ordinance.
Related Ordinance Updates (Parallel Adjustments)
The amendment is accompanied by revisions to the following regulations, to ensure coherence with EU law:
• Chemicals Climate Protection Ordinance
o Updated to reflect F-Gas Regulation 2024/573
• Chemicals Ozone Layer Ordinance
o Updated in line with ODS Regulation 2024/590
Impact and Next Steps for Industry
German companies working with F-gases or ODS should begin preparing now.
✅ Key Actions
• Review updated ChemG provisions and draft ordinances.
• Evaluate company use of F-gases and ozone-depleting substances.
• Prepare for stricter enforcement, including temporary bans and new reporting obligations.
• Submit comments to BMUV by 20 August 2025 if applicable.
Why It Matters?
This amendment represents a significant step in Germany’s climate policy alignment with EU law, especially regarding greenhouse gas mitigation and ozone layer protection. The inclusion of enhanced enforcement tools underscores the increasing scrutiny businesses will face.
References: BMUV Draft – Fifth Amendment to the Chemicals Act (ChemG)
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