Substances depleting the ozone layer

KEY POINTS

The regulation applies to:

• the ozone-depleting substances listed in Annexes I and II and their isomers² whether alone or contained in mixtures;
• products and equipment containing or relying on ozone-depleting substances.

It bans:

• producing, placing on the market, supplying or making available within the European Union (EU), for payment or free of charge, the ozone-depleting substances listed in Annex I, along with their use;
• the import or export of the ozone-depleting substances listed in Annex I.

Exemptions

The regulation allows the use of ozone-depleting substances in the following limited cases:

• feedstocks to produce other substances;
• process agents in the processes listed in Annex III in installations existing on 1 September 1997 and whose emissions are insignificant – there is a list of approved installations, maximum quantities that may be used and maximum emission levels for each of the undertakings concerned;
• essential laboratory and analytical uses, provided that companies making the substances available or using them keep records for 5 years of the quantities involved, their use and details of purchasers and suppliers; Annex IV lists further conditions;
• the critical use of halons in certain categories of equipment until the dates specified in Annex V – the equipment must be decommissioned by the end dates specified in the annex;
• the emergency use of methyl bromide in unexpected outbreaks of particular pests or diseases, if authorised by the European Commission;
• products and equipment related to exempted critical uses and to laboratory and analytical uses;
• destruction or reclamation;
• imports and exports linked to the above cases.

Conditions for exemptions

The regulation applies the following rules to exemptions:

• non-refillable containers are generally prohibited except in relation to essential laboratory and analytical uses – in general, they may only be stored or transported for subsequent disposal;
• ozone-depleting substances may only be placed on the market if there is a declaration of conformity showing that any trifluoroethane produced as a by-product of the production of such substances has been destroyed or recovered for subsequent use, using best available techniques;
• other requirements for producers and importers of the substances include clear labelling and supporting documentation.

Trade

The regulation establishes an electronic licensing system for the ozone-depleting substances listed in Annex I and for the products and equipment using them. Imports (except in the case of temporary storage) and exports require a valid licence.

• The Commission:
  • sets up and manages the system;
  • ensures interconnection of the system with the EU single window environment for customs;
  • determines what trade may be permitted with countries or regional economic integration organisations and territories not covered by the Montreal Protocol.
• Companies:
  • must be registered in the system before applying for a licence; Annex VII sets out the rules and procedures;
  • exporting ozone-depleting substances must ensure the trade is not illegal and does not undermine the destination country’s efforts to comply with the Montreal Protocol.
• Licences:
  • are time limited;
  • may be issued to companies inside and outside the EU – the latter must designate a sole representative within the EU;
  • are suspended for non-compliance with the regulation.
• Customs and market surveillance authorities enforce the bans and restrictions applied to imports and exports.

Emission control

• Recovery and destruction measures require the following.
  • Ozone-depleting substances in refrigeration devices, air-conditioning equipment and heat pumps, and equipment containing solvents or fire protection systems and fire extinguishers, must be recovered for destruction, recycling or reclamation when being serviced or being dismantled, unless allowed under other EU legislation.
  • From 1 January 2025, building owners and contractors must avoid emissions as much as possible when removing foam panels and laminated boards containing ozone-depleting substances. If this is not feasible, they must provide supporting documentation, which they must keep for 5 years.
  • Halons in fire protection systems and extinguishers must not be destroyed unless evidence shows that the purity of the recycled substance does not allow its reuse.
• Rules on the release of ozone-depleting substances and on leak checks state the following.
  • Intentional release of ozone-depleting substances into the atmosphere is banned when not technically necessary for a use allowed by the regulation.
  • Companies must take every precaution to prevent and minimise any leaks during production.
  • Operators must check refrigeration devices, air-conditioning equipment, heat pumps and fire protection systems for leaks every 12, 6 or 3 months, depending on the size of the equipment. Any leakage detected must be repaired without undue delay.

Additional measures

The Commission has the power to adopt delegated and implementing acts to amend the legislation.

From 30 June 2024, EU Member States must report annually to the Commission:

• the quantities of halons installed, used or stored for critical purposes;
• cases of illegal trade.

From 31 March 2025, companies must report annually to the Commission the data listed in Annex VI for each ozone-depleting substance used.

National authorities must:

• cooperate with each other, report any infringements and exchange information through the customs risk management system;
• carry out checks without any prior warning to ensure companies comply with the legislation.

Penalties in Member States must take account of the gravity of the offence and lay down rules for:

• fines;
• confiscation, seizure, withdrawal or removal from the market and confiscation of goods obtained illegally;
• a temporary ban on the relevant substances.

By 1 January 2030, the Commission must publish a report on application of the regulation.