EU Adopts Ambitious Regulation to Combat Ozone Depletion

In a significant step towards environmental protection, the European Union published Regulation (EU) 2024/590 on Substances that Deplete the Ozone Layer in the Official Journal of the European Union on 20 February 2024. This Regulation which aims to limit emission of substances that deplete the ozone layer, will enter into force on 11 March 2024 and will repeal the existing Regulation (EC) No 1005/2009. The new regulation is a key step in protecting the Earth's stratospheric ozone layer, which is crucial for protecting the planet from harmful UV radiation.

Tackling Twin Threats: Ozone Depletion and Greenhouse Gas Emissions

Ozone-depleting substances (ODS) not only contribute to the formation of the so-called 'hole in the ozone layer', but also play a significant role in increasing greenhouse gas emissions. When these man-made chemicals reach the upper atmosphere they deplete the ozone layer, causing adverse effects on human health, ecosystems, as well as significant financial costs.

Prohibitions and Exemptions

The new Regulation lays down comprehensive rules covering the entire life cycle of ODS. It prohibits the production, import, export, placing on the market, storage, and subsequent supply of the substances listed in Annex I to the Regulation. It also addresses the critical aspects of their use, recovery, recycling, reclamation, and destruction, emphasising responsible practices throughout the supply chain. The legislation also requires detailed reporting of information on ozone-depleting substances.

The Regulation allows exemptions for the following purposes:

• Feedstock i.e. any ozone-depleting substance that undergoes chemical transformation in a process in which it is completely converted from its original composition and whose emissions are insignificant.

• Process agents i.e. any ozone-depleting substance used as chemical process agents in the applications listed in Annex III to the Regulation.

• Essential laboratory and analytical uses

• Critical uses of halons e.g. fire extinguishers on military vehicles.

• Emergency use of methyl bromide when unexpected outbreaks of certain pests or diseases requires it.

A Step Towards a Greener Future: Regulation in Line with European Green Deal

The adopted regulation, part of the Emissions and Pollutants Package, is aligned with the European Green Deal (2019), reflecting the EU's commitment to environmental sustainability.

A thorough Regulatory Fitness and Performance (REFIT) evaluation by the European Commission found that the previous regulation, Regulation (EC) No 1005/2009, was generally fit for purpose, but that improvements were needed to better align it with evolving environmental objectives.

The legislative process involving the European Parliament, the Council of the European Union, and the European Commission, culminated in the adoption of the new Regulation on 7 February 2024, marking a decisive step towards a greener and more sustainable future for the European Union.

The full text of the Regulation can be accessed here.