The Council of the European Union has adopted Regulation (EU) 2024/590 on substances that deplete the ozone layer published in the Official Journal of the European Union on February 20, 2024. The Regulation shall ensure the obligations introduced under the existing Regulation (EC) No 1005/2009 are fully implemented, and that more action is taken to limit the emissions caused by ozone-depleting substances (ODS). It shall enter into force on March 11, 2024 and Regulation (EC) No 1005/2009 will be repealed.
As per the Regulation, ODS listed in Annex I shall be prohibited from production, placing on the market, any subsequent supply or making available to another person within the Union for payment or free of charge, use, import and export with limited exemptions as follows:
Used as feedstock
Used as process agents
For essential laboratory and analytical uses
Critical use of halons
Emergency use of methyl bromide
Likewise, products and equipment containing ODS listed in Annex I are banned from almost all uses except for the following cases:
For essential laboratory and analytical uses
Critical use of halons
For destruction and reclamation within the Union
Decommissioned when reaching the end of life cycle
In comparison with the existing Regulation (EC) No 1005/2009, hydrochlorofluorocarbons (HFCs) and products and equipment containing HFCs are no longer permitted to be produced, placed on the market, or used, which aligns with the EU's ambition of phasing out HFCs by 2050 highlighted under the new F-gases Regulation (click here to see more). However, the export of HFCs as well as products and equipment containing them may be permitted in exceptional cases.
To prevent illegal trade in prohibited ODS, the licensing requirement under the Montreal Protocol shall cover not only the entry of goods into EU for release for free circulation but also temporary storage and other customs procedures.
The complete text can be accessed here.
