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REPORT (COM(2022)0151 – C90143/2022 – 2022/0100(COD))

On the proposal for a regulation of the European Parliament and of the Council on substances that deplete the ozone layer and repealing Regulation (EC) No 1005/2009

A-9-2023-0050

Committee on the Environment, Public Health and Food Safety · Rapporteur: Jessica Polfjärd

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Parliament's amended version of the Commission proposal for a regulation on substances that deplete the ozone layer, replacing Regulation (EC) No 1005/2009. It tightens controls on ozone depleting substances: feedstock rules, labelling, leak checks, recovery, licensing, customs and penalties. It extends many requirements to substances in Annex II not covered by the Montreal Protocol, and adds new reporting and review duties. It asks the Commission to assess alternatives to feedstock uses and to report on the regulation's implementation and effectiveness by 1 January 2030.

Committee position. The rapporteur supports the Commission's overall approach and proposes clarifications and additions, including a rolling review of the feedstock exemption, alignment with the Environmental Crime Directive on sanctions, and measures on end-of-life building material emissions.

Key points

  1. Parliament adopts its first-reading position amending the Commission proposal and asks to be consulted again if the proposal is substantially changed.
  2. Member States should establish binding action plans, based on Commission guidelines, to reduce the risk of pyro-cumulonimbus formation from forest fires affecting the stratosphere and ozone layer.
  3. The Commission should list ozone depleting substances permitted as feedstock, regularly assess alternatives, and use delegated acts to set lower caps over time.
  4. Substances in Annex II should face the same leak, registration and recovery requirements as Annex I substances, and their trade should be reported.
  5. Non-refillable containers are banned; undertakings placing refillable containers on the market must provide return-for-refilling arrangements and keep a declaration of conformity for at least 5 years.
  6. Producers and importers must monitor, destroy or recover trifluoromethane by-product emissions and document measures, with a verified declaration of conformity.
  7. Illegally imported substances and products must be confiscated or seized and destroyed, and re-export of non-compliant products is prohibited.
  8. Member States should set minimum qualification requirements and provide training for personnel recovering foams and handling ozone depleting substances, and ensure a fair transition for affected workers.
  9. Undertakings operating refrigeration, air-conditioning, heat pump or fire protection equipment must check for leaks at intervals based on fluid charge and repair leaks within 14 days.
  10. Member States must set minimum administrative fines of at least four times the market value and maximum fines of at least six times, rising for repeat infringements.
  11. The Commission must present a report on the regulation's implementation and effectiveness by 1 January 2030, assessing alternatives and illegal trade.
  12. Reporting on stocks must specify the dates on which stocks are held, and feedstock and process-agent users must report purchases and sales.

Who is affected

  • Producers, importers and exporters of ozone depleting substances: new feedstock, labelling, reporting and declaration duties.
  • Undertakings operating refrigeration, air-conditioning, heat pump or fire protection equipment: mandatory leak checks and repairs.
  • Member States: action plans, training, qualification requirements, customs controls and minimum administrative fines.
  • Small and medium-sized enterprises in demolition and waste treatment: training and qualification needs for foam recovery.
  • Workers in undertakings that do not transition to alternatives: fair and just transition measures.

Figures and deadlines

  • 27 % increase in Union production of controlled ozone depleting substances in 2021 compared to 2020.
  • 90 % of that increase due to feedstock use; feedstock use increased by 11 % compared to 2020.
  • Production of new ozone depleting substances not covered by the Protocol in 2021 was about four times higher than controlled substances.
  • Commission to adopt delegated acts within 12 months after entry into force to list permitted feedstock substances.
  • Commission to assess alternatives by 1 January 2025 and every 2.5 years thereafter.
  • Leak checks: 3 kg or more every 12 months; 30 kg or more every 6 months; 300 kg or more every 3 months; repairs within 14 days.
  • Methyl bromide emergency derogations limited to 120 days and 20 metric tonnes.
  • Commission report on implementation and effectiveness by 1 January 2030.

Legal basis: Article 294(2) and Article 192(1) of the Treaty on the Functioning of the European Union.