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Ozone depleting substances

TA-9-2023-0093 · P9_TA(2023)0093 · PE737.214

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Parliament's amended version of the proposed regulation on substances that deplete the ozone layer, replacing Regulation (EC) No 1005/2009. It tightens rules on production, trade, labelling, recovery and leakage checks, and extends many requirements to Annex II substances. It requires the Commission to list feedstock uses, assess alternatives and phase out uses where alternatives exist, and to report on implementation by 1 January 2030. It bans non-refillable containers, requires return arrangements for refillable ones, and sets minimum and maximum administrative fines for unlawful production, import, export, placing on the market or use. It adds rules on halon stocks, methyl bromide emergencies, trifluoromethane emissions, whistle-blower protection, and training and qualification requirements for personnel.

Key points

  1. Parliament amends the Commission proposal for a regulation on ozone depleting substances, replacing Regulation (EC) No 1005/2009.
  2. Member States should establish binding action plans, based on Commission guidelines, to reduce the risk of pyro-cumulonimbus formation from forest fires.
  3. The Commission should establish a list of ozone depleting substances permitted as feedstock, assess alternatives every 2.5 years from 1 January 2025, and set phase-out schedules where alternatives exist.
  4. Non-refillable containers for ozone depleting substances are banned; those placed on the market are confiscated, seized, withdrawn or recalled and destroyed, and re-export is prohibited.
  5. Undertakings placing refillable containers on the market must produce a declaration of conformity with return-for-refilling arrangements, kept for at least 5 years.
  6. Producers and importers must document measures to prevent trifluoromethane emissions and provide proof of destruction or recovery, verified by an accredited auditor.
  7. The Commission may authorise temporary methyl bromide production and use in emergencies, for up to 120 days and no more than 20 metric tonnes, with unused quantities destroyed.
  8. Undertakings operating refrigeration, air conditioning, heat pump or fire protection equipment must check for leakage at intervals set by fluid charge, and repair leaks within 14 days.
  9. Member States must set minimum qualification requirements and make training programmes available for personnel recovering, recycling, reclaiming or destroying ozone depleting substances.
  10. Member States must set minimum administrative fines of at least four times, and maximum fines of at least six times, the market value of the substances or products concerned; repeated infringements carry higher amounts.
  11. The Commission must present a report to Parliament and the Council on the implementation and effectiveness of the regulation by 1 January 2030, and may submit a legislative proposal.
  12. Whistle-blowers must be able to alert competent authorities to infringements and be protected from retaliation.

Who is affected

  • Producers, importers and exporters of ozone depleting substances, who must report annually and document compliance.
  • Undertakings placing refillable or non-refillable containers on the market, which face return-arrangement and ban rules.
  • Undertakings operating refrigeration, air conditioning, heat pump or fire protection equipment, which must check for and repair leaks.
  • Member States, which must set qualification requirements, training programmes, checks and administrative fines.
  • Small and medium-sized enterprises in decommissioning and waste treatment, for which training needs are noted.

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 establish the feedstock list.
  • Assessments of alternatives by 1 January 2025 and every 2.5 years thereafter.
  • Methyl bromide emergency derogation: period not exceeding 120 days and quantity not exceeding 20 metric tonnes.
  • Leakage 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.
  • Report on implementation by 1 January 2030.