Substances depleting the ozone layer

WHAT IS THE AIM OF THE REGULATION?

Regulation (EC) No 1005/2009 lays down rules on the production, import, export, sale, use, recovery, recycling, reclamation and destruction of substances that damage the ozone layer.

It sets out reporting requirements and measures for products and equipment that use these substances.

It has been slightly amended four times.

KEY POINTS

As a general rule, the production and sale of controlled substances, such as halons (to extinguish fires), methyl bromide (to control pests) and hydrochlorofluorocarbons (used in fridges and air conditioning systems), whose manufacture or use is regulated, are prohibited.

Some exemptions, under clear conditions, are allowed, for example if they are used as feedstock*, as process agents* or for laboratory or analytical use.

Use of methyl bromide has been banned since March 2010, except during emergency quarantines to prevent the spread of disease or pests. In each case, the European Commission must give its temporary authorisation.

Fire protection systems and fire extinguishers containing halons may be used in certain circumstances. Alternatives are increasingly available and amending Regulation (EU) No 744/2010 sets out detailed cut-off dates. These range from 2013 to 2040 depending on the halon use.

Imports and exports of controlled substances and products containing them are essentially banned. Where they are allowed, a licence system operates. In 2013, the Commission made this more flexible for halons used in aircraft.

Recovery systems must be in place to destroy, recycle or reclaim controlled substances used in refrigeration, air-conditioning and heat pump equipment, fire extinguishers and protection systems and items containing solvents.

Repeal

Regulation (EC) No 1005/2009 will be repealed and replaced by Regulation (EU) 2024/590 (see summary) as of 3 March 2025.

FROM WHEN DOES THE REGULATION APPLY?

BACKGROUND

KEY TERMS

Feedstock. Any controlled substance or new substance that undergoes chemical transformation in a process in which it is entirely converted from its original composition and whose emissions are insignificant.

Process agents. Controlled substances used as chemical process agents in the applications listed in Annex III.

MAIN DOCUMENT

Regulation (EC) No 1005/2009 of the European Parliament and of the Council of 16 September 2009 on substances that deplete the ozone layer (recast) (OJ L 286, 31.10.2009, pp. 1–30).

Successive amendments to Regulation (EC) No 1005/2009 have been incorporated in the original text. This consolidated version is of documentary value only.