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Revision of Regulation (EC) No 1005/2009 on substances that deplete the ozone layer (REFIT)

In “A European Green Deal”

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On 5 April 2022, the European Commission published a proposal to revise the EU rules regarding ozone layer protection.

Stratospheric ozone absorbs ultraviolet radiation from the sun and reduces the overall amount of radiation reaching the Earth's surface. Ozone-depleting substances (ODS) are human-made chemicals that, once emitted, reach the upper atmosphere and destroy the protective ozone layer, causing the so-called ozone hole. They have significant adverse impacts on human health and the environment and are greenhouse gases with high global warming potential.

Regulation (EC) No 1005/2009 (Ozone Regulation) on substances that deplete the ozone layer, called ‘controlled substances’, has applied since January 2010. It fulfills the obligations of the Montreal Protocol on Substances that Deplete the Ozone Layer and ensures even higher level of ambition in the EU.

The Ozone Regulation prohibits the production, sale, and import or export of controlled substances, such as halons (to extinguish fires), methyl bromide (to control pests) and hydrochlorofluorocarbons (used in fridges and air conditioning systems). However, some uses are still allowed under clear conditions. Few ODS are used to produce other chemicals (as feedstock), in laboratories, or as fire protection agents in special applications such as on airplanes. The Regulation also imposes a control of leakage and emission when using ODS.

Although the Regulation is still considered fit for purpose, there is a need to further cut emissions of ODS in line with the goals of the European Green Deal, to tighten the control of the exempted uses and to avoid illegal activities, to simplify the monitoring, and to improve the coherence with other EU legislation. The Regulation could also be updated with the latest technological developments.

The proposal for new regulation replacing the current one aims to improve the efficiency of the measures established under the current EU rules, to shift from phasing out production and consumption of ODS to better control of the exempted uses, and to prevent ODS emissions from old products and equipment such as some insulating foams in the buildings in which ODS were formerly used as blowing agents and which have to be recovered and destroyed as they reach the end of their life. This would contribute around 180 million tCO2e of savings by 2050. The proposal ends certain obligations that are still imposed on some companies and administrative authorities, but have become obsolete. The industry would also benefit from cost savings due to a modernized licensing system. The administrative burden is expected to decrease. The measures to fight illegal activities would be enhanced and the reporting would be extended to cover more substances.

Within the European Parliament, the file has been assigned to the Committee on Environment, Public Health and Food Safety (ENVI), rapporteur Jessica Polfjärd (EPP, Sweden).

The Commission presented to ENVI members the proposal on 2 June 2022. During the discussion, MEPs pointed out some issues such as the need to narrow the exemptions on the use of ODS as feedstock, the cost of the new measures related to the foams, the technologies for recovery and recycling, the implementation of the new safety rules for buildings and handling demolition waste.

The ENVI Committee voted its report on 1 March 2023. Parliament adopted amendments to the proposal on 30 March 2023 setting its position for interinstitutional negotiations. MEPs support the main objectives of the proposal and make further additions. Regarding the use of ODS as feedstock, the Commission should establish a list of Annex I substances for which such use is permitted. It should also assess by 1 January 2025 and every 2.5 years thereafter the availability of alternatives to ODS used as feedstock in order to narrow the exemptions. In response to the growing concern over the impact on global emissions of certain new substances, several amendments, mainly in relation to leakages and registration in the licensing system, regard the ODS listed in Annex II. The labelling provisions are strengthened. Labels should contain several indications, such as the ODP and the GWP of the substance concerned. The amended text also strengthens the penalty provisions. In case of unlawful production, trade or use of ODS, Member States have to consider setting minimum administrative fines. The maximum administrative fines proposed by the Commission are increased. In order to review the Regulation, the Commission would report by 2030 on the availability of alternatives to exempted ODS and the impact of the new rules on combating the illegal trade.

The Commission presented the proposal at the Council Working Party on the Environment on 20 May 2022.

On 8 December 2022, the Presidency issued an overview of progress on both the ozone and F-gases proposals concluding that they contain many identical provisions.

On 5 April 2023, the Council adopted its position bringing some changes to the Commission proposal, such as the provisions on essential laboratory and analytical uses, the critical uses of halons, the monitoring of the illegal trade. To make penalties less prescriptive and compatible with national systems, the Council removed certain provisions, e.g. the list of penalties to be imposed in case of infringements of the Regulation and the maximum administrative fines to be envisaged in cases of unlawful production, trade, or use of ODS listed in Annex I.

The trilogues, which started on 25 April 2023, concluded on 13 June with an informal agreement on the core of the proposed Regulation on ODS. The remaining provisions, equivalent to those in the F-gases Regulation, were finalised on 5 October 2023. The final text, endorsed by COREPER and approved by the ENVI committee in October, was adopted by Parliament by a large majority on 16 January 2024. It was formally approved by the Council and published in the EU Official Journal on 20 February 2024.

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Further reading:

Author: Dessislava Yougova, Members' Research Service, legislative-train@europarl.europa.eu

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As of 15/12/2024.